[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2029 Enrolled Bill (ENR)]
H.R.2029
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2016, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2016''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Technical allowance for estimating differences.
Sec. 8. Corrections.
Sec. 9. Adjustments to compensation.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations/Global War on Terrorism
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2016
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2016
Title I--Departmental Management and Operations
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2016
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2016
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Overseas Contingency Operations/Global War on Terrorism
Title IX--Other Matters
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016
DIVISION N--CYBERSECURITY ACT OF 2015
DIVISION O--OTHER MATTERS
DIVISION P--TAX-RELATED PROVISIONS
DIVISION Q--PROTECTING AMERICANS FROM TAX HIKES ACT OF 2015
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
of Representatives section of the Congressional Record on or about
December 17, 2015 by the Chairman of the Committee on Appropriations of
the House, shall have the same effect with respect to the allocation of
funds and implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2016.
SEC. 6. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available (or rescinded, if applicable) only if
the President subsequently so designates all such amounts and transmits
such designations to the Congress.
SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIFFERENCES.
If, for fiscal year 2016, new budget authority provided in
appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences
with the Congressional Budget Office, an adjustment to the
discretionary spending limit in such category for fiscal year 2016
shall be made by the Director of the Office of Management and Budget in
the amount of the excess but the total of all such adjustments shall
not exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
SEC. 8. CORRECTIONS.
The Continuing Appropriations Act, 2016 (Public Law 114-53) is
amended--
(1) by changing the long title so as to read: ``Making
continuing appropriations for the fiscal year ending September 30,
2016, and for other purposes.'';
(2) by inserting after the enacting clause (before section 1)
the following: ``DIVISION A--TSA OFFICE OF INSPECTION
ACCOUNTABILITY ACT OF 2015'';
(3) by inserting after section 8 (before the statement of
appropriations) the following: ``DIVISION B--CONTINUING
APPROPRIATIONS RESOLUTION, 2016''; and
(4) by inserting after section 150 (before the short title) the
following new section: ``Sec. 151. Except as expressly provided
otherwise, any reference in this division to `this Act' shall be
treated as referring only to the provisions of this division.''.
SEC. 9. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment shall be
made under section 601(a) of the Legislative Reorganization Act of 1946
(2 U.S.C. 4501) (relating to cost of living adjustments for Members of
Congress) during fiscal year 2016.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $45,555,000,
of which not to exceed $5,051,000 shall be available for the immediate
Office of the Secretary, of which not to exceed $250,000 shall be
available for the Military Veterans Agricultural Liaison; not to exceed
$502,000 shall be available for the Office of Tribal Relations; not to
exceed $1,496,000 shall be available for the Office of Homeland
Security and Emergency Coordination; not to exceed $1,209,000 shall be
available for the Office of Advocacy and Outreach; not to exceed
$25,928,000 shall be available for the Office of the Assistant
Secretary for Administration, of which $25,124,000 shall be available
for Departmental Administration to provide for necessary expenses for
management support services to offices of the Department and for
general administration, security, repairs and alterations, and other
miscellaneous supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the Department; not
to exceed $3,869,000 shall be available for the Office of Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch; and not to exceed $7,500,000 shall
be available for the Office of Communications: Provided, That the
Secretary of Agriculture is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other office of
the Office of the Secretary: Provided further, That no appropriation
for any office shall be increased or decreased by more than 5 percent:
Provided further, That not to exceed $11,000 of the amount made
available under this paragraph for the immediate Office of the
Secretary shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary:
Provided further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the holding
of hearings as required by 5 U.S.C. 551-558: Provided further, That
funds made available under this heading for the Office of the Assistant
Secretary for Congressional Relations may be transferred to agencies of
the Department of Agriculture funded by this Act to maintain personnel
at the agency level: Provided further, That no funds made available
under this heading for the Office of Assistant Secretary for
Congressional Relations may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the Committees
on Appropriations of both Houses of Congress on the allocation of these
funds by USDA agency: Provided further, That within 180 days of the
date of enactment of this Act, the Secretary shall submit to Congress
the report required in section 7 U.S.C. 6935(b)(3).
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$17,777,000, of which $4,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155, and of which
$1,000,000, to remain available until September 30, 2017, shall be for
the purpose set forth under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of the
consolidated Act).
national appeals division
For necessary expenses of the National Appeals Division,
$13,317,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,392,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $44,538,000, of which not less than $28,000,000 is for
cybersecurity requirements of the Department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $898,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $24,070,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $64,189,000, to remain available until expended, for
buildings operations and maintenance expenses: Provided, That the
Secretary may use unobligated prior year balances of an agency or
office that are no longer available for new obligation to cover
shortfalls incurred in prior or current year rental payments for such
agency or office.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.), $3,618,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials Management
may be transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$95,738,000, including such sums as may be necessary for contracting
and other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-452 and
section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$44,383,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $3,654,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $893,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$85,373,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $168,443,000, of which up to $42,177,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,143,825,000: Provided, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and except for
10 buildings to be constructed or improved at a cost not to exceed
$750,000 each, and the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building or $375,000, whichever is greater: Provided
further, That the limitations on alterations contained in this Act
shall not apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the Beltsville
Agricultural Research Center: Provided further, That the foregoing
limitations shall not apply to replacement of buildings needed to carry
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting easements at
any Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by, and acceptable
to, the Agricultural Research Service and a condition of the easements
shall be that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if the
Secretary finds that acceptance of the facility is in the interest of
the United States: Provided further, That funds may be received from
any State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized by
law: Provided further, That of the appropriations hereunder,
$57,192,000 may not be obligated until 30 days after the Secretary of
Agriculture certifies in writing to the Committees on Appropriations of
both Houses of Congress that the Agricultural Research Service has
updated its animal care policies and that all Agricultural Research
Service research facilities at which animal research is conducted have
a fully functioning Institutional Animal Care and Use Committee,
including all appropriate and necessary record keeping: Provided
further, That such certification shall set forth in detail the factual
basis for the certification and the Department's plan for ensuring
these changes are maintained in the future: Provided further, That
such certification shall be subject to prior consultation with the
Committees on Appropriations of both Houses of Congress.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $212,101,000
to remain available until expended.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$819,685,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution challenge
grants, and grants management systems shall remain available until
expended: Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than $1,000,000:
Provided further, That funds for education grants for Alaska Native and
Native Hawaiian-serving institutions be made available to individual
eligible institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $475,891,000, which shall be for the purposes, and in
the amounts, specified in the table titled ``National Institute of Food
and Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility improvements at
1890 institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7 U.S.C.
3221 for cooperative extension receive no less than $1,000,000:
Provided further, That funds for cooperative extension under sections
3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and
section 208(c) of Public Law 93-471 shall be available for retirement
and employees' compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $30,900,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2017: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be
charged against any Extension Implementation Program Area grant awarded
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $893,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$894,415,000, of which $470,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $11,520,000, to remain available until expended,
shall be used for the cotton pests program for cost share purposes or
for debt retirement for active eradication zones; of which $35,339,000,
to remain available until expended, shall be for Animal Health
Technical Services; of which $697,000 shall be for activities under the
authority of the Horse Protection Act of 1970, as amended (15 U.S.C.
1831); of which $55,340,000, to remain available until expended, shall
be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $158,000,000, to remain available until
expended, shall be for specialty crop pests; of which, $8,826,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $54,000,000, to remain available until
expended, shall be for tree and wood pests; of which $3,973,000, to
remain available until expended, shall be for the National Veterinary
Stockpile; of which up to $1,500,000, to remain available until
expended, shall be for the scrapie program for indemnities; of which
$2,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended:
Provided further, That of amounts available under this heading for the
screwworm program, $4,990,000 shall remain available until expended:
Provided further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current fiscal
year that does not require minimum matching by the States of at least
40 percent: Provided further, That this appropriation shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed five, of which two shall be for replacement
only: Provided further, That in addition, in emergencies which
threaten any segment of the agricultural production industry of this
country, the Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department such sums
as may be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in accordance
with sections 10411 and 10417 of the Animal Health Protection Act (7
U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection
Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds
transferred for such emergency purposes in the preceding fiscal year
shall be merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law (7 U.S.C.
2250) for the repair and alteration of leased buildings and
improvements, but unless otherwise provided the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 2016, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$81,223,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $60,982,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $20,489,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act
of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $43,057,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $816,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,014,871,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2016 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act: Provided further, That the Food
Safety and Inspection Service shall continue implementation of section
11016 of Public Law 110-246 as further clarified by the amendments made
in section 12106 of Public Law 113-79: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary for
Farm and Foreign Agricultural Services, $898,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,200,180,000:
Provided, That not more than 50 percent of the $129,546,000 made
available under this heading for information technology related to farm
program delivery, including the Modernize and Innovate the Delivery of
Agricultural Systems and other farm program delivery systems, may be
obligated until the Secretary submits to the Committees on
Appropriations of both Houses of Congress a plan for expenditure that
(1) identifies for each project/investment over $25,000 (a) the
functional and performance capabilities to be delivered and the mission
benefits to be realized, (b) the estimated lifecycle cost, including
estimates for development as well as maintenance and operations, and
(c) key milestones to be met; (2) demonstrates that each project/
investment is, (a) consistent with the Farm Service Agency Information
Technology Roadmap, (b) being managed in accordance with applicable
lifecycle management policies and guidance, and (c) subject to the
applicable Department's capital planning and investment control
requirements; and (3) has been reviewed by the Government
Accountability Office and approved by the Committees on Appropriations
of both Houses of Congress: Provided further, That the agency shall
submit a report by the end of the fourth quarter of fiscal year 2016 to
the Committees on Appropriations and the Government Accountability
Office, that identifies for each project/investment that is operational
(a) current performance against key indicators of customer
satisfaction, (b) current performance of service level agreements or
other technical metrics, (c) current performance against a pre-
established cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and (e) an
assessment of whether the investment continues to meet business needs
as intended as well as alternatives to the investment: Provided
further, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with
this account: Provided further, That funds made available to county
committees shall remain available until expended: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to close Farm Service Agency county offices: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to permanently relocate county based employees that would result
in an office with two or fewer employees without prior notification and
approval of the Committees on Appropriations of both Houses of
Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $3,404,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
and Indian highly fractionated land loans (25 U.S.C. 488) to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: $2,000,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans; $1,393,443,000 for
unsubsidized guaranteed operating loans and $1,252,004,000 for direct
operating loans; emergency loans, $34,667,000; Indian tribe land
acquisition loans, $2,000,000; guaranteed conservation loans,
$150,000,000; Indian highly fractionated land loans, $10,000,000; and
for boll weevil eradication program loans, $60,000,000: Provided, That
the Secretary shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm operating loans,
$53,961,000 for direct operating loans, $14,352,000 for unsubsidized
guaranteed operating loans, and emergency loans, $1,262,000, to remain
available until expended.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $314,918,000, of which
$306,998,000 shall be transferred to and merged with the appropriation
for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $74,829,000:
Provided, That not to exceed $1,000 shall be available for official
reception and representation expenses, as authorized by 7 U.S.C.
1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the
funds available to the Commodity Credit Corporation under section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $898,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$850,856,000, to remain available until September 30, 2017: Provided,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That of the amounts made available under this
heading, $5,600,000, shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for authorized
ongoing watershed projects with a primary purpose of providing water to
rural communities: Provided further, That of the amounts made
available under this heading, $5,000,000 shall remain available until
expended for the authorities under section 13 of the Flood Control Act
of December 22, 1944 (Public Law 78-534) for authorized ongoing
projects with a primary purpose of watershed protection by stabilizing
stream channels, tributaries, and banks to reduce erosion and sediment
transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $12,000,000 is provided.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $893,000.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$225,835,000: Provided, That no less than $19,500,000 shall be for the
Comprehensive Loan Accounting System: Provided further, That
notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities
that support the Rural Development mission area: Provided further,
That any balances available from prior years for the Rural Utilities
Service, Rural Housing Service, and the Rural Business-Cooperative
Service salaries and expenses accounts shall be transferred to and
merged with this appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $900,000,000 shall be for direct loans and $24,000,000,000
shall be for unsubsidized guaranteed loans; $26,278,000 for section 504
housing repair loans; $28,398,000 for section 515 rental housing;
$150,000,000 for section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing acquired
property; $5,000,000 for section 523 self-help housing land development
loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $60,750,000 shall be for
direct loans; section 504 housing repair loans, $3,424,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
$8,414,000: Provided, That to support the loan program level for
section 538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected cost of
such loan guarantees pursuant to the provisions of the Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may
not be subsidized: Provided further, That applicants in communities
that have a current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural
area for purposes of section 502 guaranteed loans provided under this
heading: Provided further, That of the amounts available under this
paragraph for section 502 direct loans, no less than $5,000,000 shall
be available for direct loans for individuals whose homes will be built
pursuant to a program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until June 1,
2016.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by 42 U.S.C. 1484 and 1486, $15,125,000, to remain
available until expended, for direct farm labor housing loans and
domestic farm labor housing grants and contracts: Provided, That any
balances available for the Farm Labor Program Account shall be
transferred to and merged with this account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $417,854,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949,
$1,389,695,000; and in addition such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That rental assistance
agreements entered into or renewed during the current fiscal year shall
be funded for a one-year period: Provided further, That any unexpended
balances remaining at the end of such one-year agreements may be
transferred and used for purposes of any debt reduction; maintenance,
repair, or rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the Act:
Provided further, That rental assistance provided under agreements
entered into prior to fiscal year 2016 for a farm labor multi-family
housing project financed under section 514 or 516 of the Act may not be
recaptured for use in another project until such assistance has
remained unused for a period of 12 consecutive months, if such project
has a waiting list of tenants seeking such assistance or the project
has rental assistance eligible tenants who are not receiving such
assistance: Provided further, That such recaptured rental assistance
shall, to the extent practicable, be applied to another farm labor
multi-family housing project financed under section 514 or 516 of the
Act: Provided further, That of the total amount provided, up to
$75,000,000 shall be available until September 30, 2017, for renewal of
rental assistance agreements within the 12-month contract period:
Provided further, That the Secretary shall provide to the Committees on
Appropriations of both Houses of Congress quarterly reports on the
number of renewals approved pursuant to the preceding proviso, on the
amount of rental assistance available, and the anticipated need for
rental assistance for the remainder of the fiscal year: Provided
further, That except as provided in the second proviso under this
heading and notwithstanding any other provision of the Act, the
Secretary may recapture rental assistance provided under agreements
entered into prior to fiscal year 2016 for a project that the Secretary
determines no longer needs rental assistance and use such recaptured
funds for current needs as well as unmet rental assistance needs from
fiscal year 2015.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $37,000,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $15,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided
further, That the amount of such voucher shall be the difference
between comparable market rent for the section 515 unit and the tenant
paid rent for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to the
maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of Housing and
Urban Development: Provided further, That if the Secretary determines
that the amount made available for vouchers in this or any other Act is
not needed for vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph: Provided
further, That of the funds made available under this heading,
$22,000,000 shall be available for a demonstration program for the
preservation and revitalization of the sections 514, 515, and 516
multi-family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems appropriate,
expressly for the purposes of ensuring the project has sufficient
resources to preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives (including the
ability of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as part
of the preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional funds for
vouchers described in this paragraph are needed, funds for the
preservation and revitalization demonstration program may be used for
such vouchers: Provided further, That if Congress enacts legislation
to permanently authorize a multi-family rental housing loan
restructuring program similar to the demonstration program described
herein, the Secretary may use funds made available for the
demonstration program under this heading to carry out such legislation
with the prior approval of the Committees on Appropriations of both
Houses of Congress: Provided further, That in addition to any other
available funds, the Secretary may expend not more than $1,000,000
total, from the program funds made available under this heading, for
administrative expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $27,500,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $32,239,000, to remain available until
expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,200,000,000 for direct loans and $148,305,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act of
1974, $3,500,000, to remain available until expended.
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $38,778,000, to remain
available until expended: Provided, That $4,000,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally Recognized
Native American Tribes to undertake projects to improve housing,
community facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided: Provided
further, That $5,778,000 of the amount appropriated under this heading
shall be to provide grants for facilities in rural communities with
extreme unemployment and severe economic depression (Public Law 106-
387), with up to 5 percent for administration and capacity building in
the State rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be available for
community facilities grants to tribal colleges, as authorized by
section 306(a)(19) of such Act: Provided further, That sections 381E-H
and 381N of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading: Provided
further, That for the purposes of determining eligibility or level of
program assistance the Secretary shall not include incarcerated prison
populations.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $62,687,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, not to exceed $500,000 shall be made available for one grant
to a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development and
$3,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 2009aa et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That for purposes of determining
eligibility or level of program assistance the Secretary shall not
include incarcerated prison populations: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $5,217,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$531,000 shall be available through June 30, 2016, for Federally
Recognized Native American Tribes; and of which $1,021,000 shall be
available through June 30, 2016, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification Act
of 1936, $179,000,000 shall not be obligated and $179,000,000 are
rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $22,050,000, of which $2,500,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $10,750,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a).
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $500,000: Provided, That
the cost of loan guarantees, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $522,365,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That not to exceed $10,000,000 of the amount
appropriated under this heading shall be for grants authorized by
section 306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of such Act:
Provided further, That $64,000,000 of the amount appropriated under
this heading shall be for loans and grants including water and waste
disposal systems grants authorized by section 306C(a)(2)(B) and section
306D of the Consolidated Farm and Rural Development Act, and Federally
Recognized Native American Tribes authorized by 306C(a)(1): Provided
further, That funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be provided to a consortium formed
pursuant to section 325 of Public Law 105-83: Provided further, That
not more than 2 percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by the State of
Alaska for training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by a consortium formed
pursuant to section 325 of Public Law 105-83 for training and technical
assistance programs: Provided further, That not to exceed $20,000,000
of the amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $6,500,000 shall be made available for a grant
to a qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $16,397,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $4,000,000 shall be for solid waste management grants:
Provided further, That $10,000,000 of the amount appropriated under
this heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances for high-
energy cost grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and
merged with the Rural Utilities Service, High Energy Cost Grants
Account: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized
by sections 305 and 306 of the Rural Electrification Act of 1936 (7
U.S.C. 935 and 936) shall be made as follows: loans made pursuant to
section 306 of that Act, rural electric, $5,500,000,000; guaranteed
underwriting loans pursuant to section 313A, $750,000,000; 5 percent
rural telecommunications loans, cost of money rural telecommunications
loans, and for loans made pursuant to section 306 of that Act, rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, or
improvement of fossil-fueled electric generating plants (whether new or
existing) that utilize carbon sequestration systems.
For the cost of direct loans as authorized by section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, cost of money rural telecommunications loans, $104,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $34,707,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$20,576,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $22,000,000, to remain
available until expended: Provided, That $3,000,000 shall be made
available for grants authorized by 379G of the Consolidated Farm and
Rural Development Act: Provided further, That funding provided under
this heading for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet all of the
eligibility criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by section 601 of
the Rural Electrification Act, $4,500,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $10,372,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $811,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $22,149,746,000 to remain available through September 30,
2017, of which such sums as are made available under section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $17,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $25,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies and
schools to purchase the equipment needed to serve healthier meals,
improve food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program: Provided
further, That of the total amount available, $16,000,000 shall remain
available until expended to carry out section 749(g) of the Agriculture
Appropriations Act of 2010 (Public Law 111-80): Provided further, That
section 26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking ``2010
through 2015'' and inserting ``2010 through 2016''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,350,000,000, to remain available
through September 30, 2017: Provided, That notwithstanding section
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
not less than $60,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $13,600,000 shall be used
for infrastructure: Provided further, That none of the funds provided
in this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive bidding
requirements specified in section 17 of such Act: Provided further,
That none of the funds provided shall be available for activities that
are not fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act: Provided
further, That upon termination of a federally mandated vendor
moratorium and subject to terms and conditions established by the
Secretary, the Secretary may waive the requirement at 7 CFR
246.12(g)(6) at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $80,849,383,000, of which $3,000,000,000,
to remain available through December 31, 2017, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
available for the contingency reserve under the heading ``Supplemental
Nutrition Assistance Program'' of division A of Public Law 113-235
shall be available until December 31, 2016: Provided further, That
funds provided herein shall be expended in accordance with section 16
of the Food and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used to
provide nutrition education services to State agencies and Federally
Recognized Tribes participating in the Food Distribution Program on
Indian Reservations: Provided further, That this appropriation shall
be subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available
through September 30, 2017: Provided further, That funds made
available under this heading for section 28(d)(1) and section 27(a) of
the Food and Nutrition Act of 2008 shall remain available through
September 30, 2017: Provided further, That funds made available under
this heading may be used to enter into contracts and employ staff to
conduct studies, evaluations, or to conduct activities related to
program integrity provided that such activities are authorized by the
Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $296,217,000, to
remain available through September 30, 2017: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2016 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2017: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$150,824,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171,
as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $191,566,000: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for expenditures
made on behalf of Federal agencies, public and private organizations
and institutions under agreements executed pursuant to the agricultural
food production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for middle-
income country training programs, funds made available for the Borlaug
International Agricultural Science and Technology Fellowship program,
and up to $2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in international
currency exchange rates, subject to documentation by the Foreign
Agricultural Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program of
title I, Food for Peace Act (Public Law 83-480) and the Food for
Progress Act of 1985, $2,528,000, shall be transferred to and merged
with the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,466,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $201,626,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein:
Provided further, That of the amount made available under this heading,
$5,000,000, shall remain available until expended for necessary
expenses to carry out the provisions of section 3207 of the
Agricultural Act of 2014 (7 U.S.C. 1726c).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$6,748,000; to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $6,394,000 shall
be transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $354,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding section 521 of
Public Law 107-188; $4,681,392,000: Provided, That of the amount
provided under this heading, $851,481,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, and shall be
credited to this account and remain available until expended;
$137,677,000 shall be derived from medical device user fees authorized
by 21 U.S.C. 379j, and shall be credited to this account and remain
available until expended; $318,363,000 shall be derived from human
generic drug user fees authorized by 21 U.S.C. 379j-42, and shall be
credited to this account and remain available until expended;
$21,540,000 shall be derived from biosimilar biological product user
fees authorized by 21 U.S.C. 379j-52, and shall be credited to this
account and remain available until expended; $22,818,000 shall be
derived from animal drug user fees authorized by 21 U.S.C. 379j-12, and
shall be credited to this account and remain available until expended;
$9,705,000 shall be derived from animal generic drug user fees
authorized by 21 U.S.C. 379j-21, and shall be credited to this account
and remain available until expended; $599,000,000 shall be derived from
tobacco product user fees authorized by 21 U.S.C. 387s, and shall be
credited to this account and remain available until expended: Provided
further, That in addition to and notwithstanding any other provision
under this heading, amounts collected for prescription drug user fees,
medical device user fees, human generic drug user fees, biosimilar
biological product user fees, animal drug user fees, and animal generic
drug user fees that exceed the respective fiscal year 2016 limitations
are appropriated and shall be credited to this account and remain
available until expended: Provided further, That fees derived from
prescription drug, medical device, human generic drug, biosimilar
biological product, animal drug, and animal generic drug assessments
for fiscal year 2016, including any such fees collected prior to fiscal
year 2016 but credited for fiscal year 2016, shall be subject to the
fiscal year 2016 limitations: Provided further, That the Secretary may
accept payment during fiscal year 2016 of user fees specified under
this heading and authorized for fiscal year 2017, prior to the due date
for such fees, and that amounts of such fees assessed for fiscal year
2017 for which the Secretary accepts payment in fiscal year 2016 shall
not be included in amounts under this heading: Provided further, That
none of these funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided further,
That of the total amount appropriated: (1) $987,328,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2) $1,394,136,000
shall be for the Center for Drug Evaluation and Research and related
field activities in the Office of Regulatory Affairs; (3) $354,901,000
shall be for the Center for Biologics Evaluation and Research and for
related field activities in the Office of Regulatory Affairs; (4)
$187,825,000 shall be for the Center for Veterinary Medicine and for
related field activities in the Office of Regulatory Affairs; (5)
$430,443,000 shall be for the Center for Devices and Radiological
Health and for related field activities in the Office of Regulatory
Affairs; (6) $63,331,000 shall be for the National Center for
Toxicological Research; (7) $564,117,000 shall be for the Center for
Tobacco Products and for related field activities in the Office of
Regulatory Affairs; (8) not to exceed $171,418,000 shall be for Rent
and Related activities, of which $52,346,000 is for White Oak
Consolidation, other than the amounts paid to the General Services
Administration for rent; (9) not to exceed $238,274,000 shall be for
payments to the General Services Administration for rent; and (10)
$289,619,000 shall be for other activities, including the Office of the
Commissioner of Food and Drugs, the Office of Foods and Veterinary
Medicine, the Office of Medical and Tobacco Products, the Office of
Global and Regulatory Policy, the Office of Operations, the Office of
the Chief Scientist, and central services for these offices: Provided
further, That not to exceed $25,000 of this amount shall be for
official reception and representation expenses, not otherwise provided
for, as determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made
available under this heading for other activities: Provided further,
That of the amounts that are made available under this heading for
``other activities'', and that are not derived from user fees,
$1,500,000 shall be transferred to and merged with the appropriation
for ``Department of Health and Human Services--Office of Inspector
General'' for oversight of the programs and operations of the Food and
Drug Administration and shall be in addition to funds otherwise made
available for oversight of the Food and Drug Administration: Provided
further, That funds may be transferred from one specified activity to
another with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale
distributor licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), and third-party logistics provider licensing and inspection
fees authorized by 21 U.S.C. 360eee-3(c)(1), and third-party auditor
fees authorized by 21 U.S.C. 384d(c)(8), shall be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$8,788,000, to remain available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $250,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$50,000,000, to remain available until September 30, 2017, shall be for
the purchase of information technology and of which not less than
$2,620,000 shall be for expenses of the Office of the Inspector
General: Provided, That notwithstanding the limitations in 31 U.S.C.
1553, amounts provided under this heading are available for the
liquidation of obligations equal to current year payments on leases
entered into prior to the date of enactment of this Act: Provided
further, That for the purpose of recording any obligations that should
have been recorded against accounts closed pursuant to 31 U.S.C. 1552,
these accounts may be reopened solely for the purpose of correcting any
violations of 31 U.S.C. 1501(a)(1), and balances canceled pursuant to
31 U.S.C. 1552(a) in any accounts reopened pursuant to this authority
shall remain unavailable to liquidate any outstanding obligations.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $65,600,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically provided
for, of not to exceed 71 passenger motor vehicles of which 68 shall be
for replacement only, and for the hire of such vehicles: Provided,
That notwithstanding this section, the only purchase of new passenger
vehicles shall be for those determined by the Secretary to be necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of plant and capital equipment necessary for the delivery
of financial, administrative, and information technology services of
primary benefit to the agencies of the Department of Agriculture, such
transferred funds to remain available until expended: Provided, That
none of the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without written notification to and the
prior approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds appropriated by
this Act or made available to the Department's Working Capital Fund
shall be available for obligation or expenditure to make any changes to
the Department's National Finance Center without written notification
to and prior approval of the Committees on Appropriations of both
Houses of Congress as required by section 717 of this Act: Provided
further, That of annual income amounts in the Working Capital Fund of
the Department of Agriculture allocated for the National Finance
Center, the Secretary may reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including equipment
for the improvement and implementation of a financial management plan,
information technology, and other systems of the National Finance
Center or to pay any unforeseen, extraordinary cost of the National
Finance Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary submits written
notification of the obligation to the Committees on Appropriations of
both Houses of Congress: Provided further, That the limitation on the
obligation of funds pending notification to Congressional Committees
shall not apply to any obligation that, as determined by the Secretary,
is necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance Center; or
to evacuate employees of the National Finance Center to a safe haven to
continue operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That, notwithstanding section 11319 of
title 40, United States Code, none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects, contracts, or other agreements over $25,000 prior to
receipt of written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an agency to
obligate funds without written approval from the Chief Information
Officer for projects, contracts, or other agreements up to $250,000
based upon the performance of an agency measured against the
performance plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or
guaranteed loan under the Rural Electrification Act of 1936, or any
not-for-profit utility that is eligible to receive an insured or direct
loan under such Act, shall be eligible for assistance under section
313(b)(2)(B) of such Act in the same manner as a borrower under such
Act.
Sec. 709. Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2017, for
information technology expenses: Provided, That except as otherwise
specifically provided by law, unobligated balances from appropriations
made available for salaries and expenses in this Act for the Rural
Development mission area shall remain available through September 30,
2017, for information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by
the Agricultural Act of 2014 (Public Law 113-79), other than by title I
or subtitle A of title III of such Act, or programs for which
indefinite amounts were provided in that Act, that is authorized or
required to be carried out using funds of the Commodity Credit
Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associated
with the implementation of the program, without regard to the
limitation on the total amount of allotments and fund transfers
contained in section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and fund
transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,000,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. None of the funds in this Act shall be available to pay
indirect costs charged against any agricultural research, education, or
extension grant awards issued by the National Institute of Food and
Agriculture that exceed 30 percent of total Federal funds provided
under each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the National Institute of Food and Agriculture shall
be available to pay full allowable indirect costs for each grant
awarded under section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 714. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the following:
(1) The Watershed Rehabilitation program authorized by section
14(h)(1) of the Watershed and Flood Protection Act (16 U.S.C.
1012(h)(1));
(2) The Environmental Quality Incentives Program as authorized
by sections 1240-1240H of the Food Security Act of 1985 (16 U.S.C.
3839aa-3839aa-8) in excess of $1,329,000,000: Provided, That this
limitation shall apply only to funds provided by section
1241(a)(5)(C) of the Food Security Act of 1985 (16 U.S.C.
3841(a)(5)(C));
(3) The Biomass Crop Assistance Program authorized by section
9011 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8111) in excess of $3,000,000 in new obligational authority;
and
(4) The Biorefinery, Renewable Chemical and Biobased Product
Manufacturing Assistance program as authorized by section 9003 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103)
in excess of $27,000,000 of the funding appropriated by subsection
(g)(1)(A)(ii) of that section for fiscal year 2016.
Sec. 715. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under subsection
(b)(2)(A)(viii) of section 14222 of Public Law 110-246 in excess of
$884,980,000, as follows: Child Nutrition Programs Entitlement
Commodities--$465,000,000; State Option Contracts--$5,000,000; Removal
of Defective Commodities--$2,500,000: Provided, That none of the funds
made available in this Act or any other Act shall be used for salaries
and expenses to carry out in this fiscal year section 19(i)(1)(E) of
the Richard B. Russell National School Lunch Act, as amended, except in
an amount that excludes the transfer of $125,000,000 of the funds to be
transferred under subsection (c) of section 14222 of Public Law 110-
246, until October 1, 2016: Provided further, That $125,000,000 made
available on October 1, 2016, to carry out section 19(i)(1)(E) of the
Richard B. Russell National School Lunch Act, as amended, shall be
excluded from the limitation described in subsection (b)(2)(A)(ix) of
section 14222 of Public Law 110-246: Provided further, That none of
the funds appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries or expenses of any employee of
the Department of Agriculture or officer of the Commodity Credit
Corporation to carry out clause 3 of section 32 of the Agricultural
Adjustment Act of 1935 (Public Law 74-320, 7 U.S.C. 612c, as amended),
or for any surplus removal activities or price support activities under
section 5 of the Commodity Credit Corporation Charter Act: Provided
further, That the available unobligated balances under (b)(2)(A)(viii)
of section 14222 of Public Law 110-246 in excess of the limitation set
forth in this section, except for the amounts to be transferred
pursuant to the first proviso, are hereby permanently rescinded.
Sec. 716. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2017 appropriations Act.
Sec. 717. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106
(7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies in writing and receives approval from the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading
Commission (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming or
transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify in writing and receive approval from the Committees on
Appropriations of both Houses of Congress before implementing any
program or activity not carried out during the previous fiscal year
unless the program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves increasing
or decreasing funds in the current fiscal year for the individual
investment in excess of $500,000 or 10 percent of the total cost,
whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a center,
office, branch, or similar entity with five or more personnel; or
(3) carrying out activities or functions that were not
described in the budget request; unless the agencies funded by this
Act notify, in writing, the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of using the funds
for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures Trading
Commission receives from the Committee on Appropriations of both Houses
of Congress written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 718. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available reports, questions, or responses to questions that are a
result of information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of Health and
Human Services, non-Commodity Futures Trading Commission, or non-Farm
Credit Administration employee.
Sec. 720. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 721. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
60 days in a fiscal year unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of assignment.
Sec. 722. None of the funds made available by this Act may be used
to pay the salaries and expenses of personnel who provide nonrecourse
marketing assistance loans for mohair under section 1201 of the
Agricultural Act of 2014 (Public Law 113-79).
Sec. 723. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration, the Chairman of the Commodity Futures Trading
Commission, and the Chairman of the Farm Credit Administration shall
submit to the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for all the
funds made available under this Act including appropriated user fees,
as defined in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Sec. 724. Funds made available under title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator of the U.S. Agency for International
Development, are in place to ensure that emergency food aid is received
by the intended beneficiaries in areas affected by food shortages and
not diverted for unauthorized or inappropriate purposes.
Sec. 725. There is hereby appropriated $1,996,000 to carry out
section 1621 of Public Law 110-246.
Sec. 726. The Secretary shall establish an intermediary loan
packaging program based on the pilot program in effect for fiscal year
2013 for packaging and reviewing section 502 single family direct
loans. The Secretary shall enter into agreements with current
intermediary organizations and with additional qualified intermediary
organizations. The Secretary shall work with these organizations to
increase effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make available
from the national reserve section 502 loans an amount necessary to
support the work of such intermediaries and provide a priority for
review of such loans.
Sec. 727. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 728. There is hereby appropriated for the ``Emergency
Watershed Protection Program'', $157,000,000, to remain available until
expended; for the ``Emergency Forestry Restoration Program'',
$6,000,000, to remain available until expended; and for the ``Emergency
Conservation Program'', $108,000,000, to remain available until
expended: Provided, That $37,000,000 made available for the
``Emergency Watershed Protection Program''; $2,000,000 made available
for the ``Emergency Forestry Restoration Program''; and $91,000,000
made available for the ``Emergency Conservation Program'' under this
section are for necessary expenses resulting from a major disaster
declared pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), and are designated
by the Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 729. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall
be available for obligation only for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary benefit
to the agencies of the Department of Agriculture.
Sec. 730. None of the funds made available by this Act may be used
to procure processed poultry products imported into the United States
from the People's Republic of China for use in the school lunch program
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.), the Child and Adult Food Care Program under section 17 of
such Act (42 U.S.C. 1766), the Summer Food Service Program for Children
under section 13 of such Act (42 U.S.C. 1761), or the school breakfast
program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
Sec. 731. In response to an eligible community where the drinking
water supplies are inadequate due to a natural disaster, as determined
by the Secretary, including drought or severe weather, the Secretary
may provide potable water through the Emergency Community Water
Assistance Grant Program for an additional period of time not to exceed
120 days beyond the established period provided under the Program in
order to protect public health.
Sec. 732. Funds provided by this or any prior Appropriations Act
for the Agriculture and Food Research Initiative under 7 U.S.C. 450i(b)
shall be made available without regard to section 7128 of the
Agricultural Act of 2014 (7 U.S.C. 3371 note), under the matching
requirements in laws in effect on the date before the date of enactment
of such section: Provided, That the requirements of 7 U.S.C.
450i(b)(9) shall continue to apply.
Sec. 733. (a) For the period beginning on the date of enactment of
this Act through school year 2016-2017, with respect to the school
lunch program established under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program
established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) and final regulations published by the Department of Agriculture
in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et
seq.), the Secretary shall allow States to grant an exemption from the
whole grain requirements that took effect on or after July 1, 2014, and
the States shall establish a process for evaluating and responding, in
a reasonable amount of time, to requests for an exemption: Provided,
That school food authorities demonstrate hardship, including financial
hardship, in procuring specific whole grain products which are
acceptable to the students and compliant with the whole grain-rich
requirements: Provided further, That school food authorities shall
comply with the applicable grain component or standard with respect to
the school lunch or school breakfast program that was in effect prior
to July 1, 2014.
(b) None of the funds appropriated or otherwise made available by
this or any other Act shall be used to pay the salaries and expenses of
personnel to implement any regulations under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), the Healthy, Hunger-Free Kids Act
of 2010 (Public Law 111-296), or any other law that would require a
reduction in the quantity of sodium contained in federally reimbursed
meals, foods, and snacks sold in schools below Target 1 (as described
in section 220.8(f)(3) of title 7, Code of Federal Regulations (or
successor regulations)) until the latest scientific research
establishes the reduction is beneficial for children.
Sec. 734. None of the funds made available by this or any other
Act may be used to release or implement the final version of the eighth
edition of the Dietary Guidelines for Americans, revised pursuant to
section 301 of the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341), unless the Secretary of Agriculture and
the Secretary of Health and Human Services ensure that each revision to
any nutritional or dietary information or guideline contained in the
2010 edition of the Dietary Guidelines for Americans and each new
nutritional or dietary information or guideline to be included in the
eighth edition of the Dietary Guidelines for Americans--
(1) is based on significant scientific agreement; and
(2) is limited in scope to nutritional and dietary information.
Sec. 735. (a) Not later than 30 days after the date of the
enactment of this Act, the Secretary of Agriculture shall engage the
National Academy of Medicine to conduct a comprehensive study of the
entire process used to establish the Advisory Committee for the Dietary
Guidelines for Americans and the subsequent development of the Dietary
Guidelines for Americans, most recently revised pursuant to section 301
of the National Nutrition Monitoring and Related Research Act of 1990
(7 U.S.C. 5341). The panel of the National Academy of Medicine selected
to conduct the study shall include a balanced representation of
individuals with broad experiences and viewpoints regarding nutritional
and dietary information.
(b) The study required by subsection (a) shall include the
following:
(1) An analysis of each of the following:
(A) How the Dietary Guidelines for Americans can better
prevent chronic disease, ensure nutritional sufficiency for all
Americans, and accommodate a range of individual factors,
including age, gender, and metabolic health.
(B) How the advisory committee selection process can be
improved to provide more transparency, eliminate bias, and
include committee members with a range of viewpoints.
(C) How the Nutrition Evidence Library is compiled and
utilized, including whether Nutrition Evidence Library reviews
and other systematic reviews and data analysis are conducted
according to rigorous and objective scientific standards.
(D) How systematic reviews are conducted on longstanding
Dietary Guidelines for Americans recommendations, including
whether scientific studies are included from scientists with a
range of viewpoints.
(2) Recommendations to improve the process used to establish
the Dietary Guidelines for Americans and to ensure the Dietary
Guidelines for Americans reflect balanced sound science.
(c) There is hereby appropriated $1,000,000 to conduct the study
required by subsection (a).
Sec. 736. The unobligated balances identified by the Treasury
Appropriation Fund Symbol 12X0113 are rescinded.
Sec. 737. None of the funds made available by this Act may be used
by the Secretary of Agriculture, acting through the Food and Nutrition
Service, to commence any new research and evaluation projects until the
Secretary submits to the Committees on Appropriations of both Houses of
Congress a research and evaluation plan for fiscal year 2016, prepared
in coordination with the Research, Education, and Economics mission
area of the Department of Agriculture, and a period of 30 days
beginning on the date of the submission of the plan expires to permit
Congressional review of the plan.
Sec. 738. Of the unobligated prior year funds identified by
Treasury Appropriation Fund Symbol 12X1980 where obligations have been
cancelled, $13,000,000 is rescinded.
Sec. 739. The unobligated balances identified by the Treasury
Appropriation Fund Symbol 12X3318, 12X1010, 12X1090, 12X1907, 12X0402,
12X3508, and 12X3322 are rescinded.
Sec. 740. Section 166 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7286) is amended--
(1) by striking ``and title I of the Food, Conservation, and
Energy Act of 2008'' both places it appears and inserting ``title I
of the Food, Conservation, and Energy Act of 2008, and Subtitle B
of title I of the Agricultural Act of 2014''; and
(2) by amending paragraph (3) of subsection (c) to read as
follows:
``(3) Application of authority.--Beginning with the 2015 crop
marketing year, the Secretary shall carry out paragraph (1) under
the same terms and conditions as were in effect for the 2008 crop
year for loans made to producers under subtitle B of title I of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et
seq.).''.
Sec. 741. (a) There is hereby appropriated $5,000,000 to provide
competitive grants to State agencies for subgrants to local educational
agencies and schools to purchase the equipment needed to serve
healthier meals, improve food safety, and to help support the
establishment, maintenance, or expansion of the school breakfast
program, to remain available until expended.
(b) There is hereby appropriated $7,000,000 to carry out section
749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111-
80), to remain available until expended.
Sec. 742. Of the unobligated balances identified by the Treasury
Appropriation Fund Symbol 12X1072, $20,000,000 is hereby rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by Congress as an emergency requirement or for disaster
relief requirement pursuant to a Concurrent Resolution on the Budget or
the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 743. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed under
such section and eligible lenders for such loans as the Secretary has
under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 744. There is hereby appropriated $8,000,000, to remain
available until expended, to carry out section 6407 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided,
That the Secretary launch the program authorized by this section during
the 2016 fiscal year and that it be carried out through the Rural
Utilities Service: Provided further, That, within 60 days of enactment
of this Act, the Secretary shall provide a report to the Committees on
Appropriations of both Houses of Congress on how the Rural Utilities
Service will implement section 6407 during the 2016 fiscal year.
Sec. 745. Of the unobligated balances of appropriations in Public
Law 108-199, Public Law 109-234, and Public Law 110-28 made available
for the ``Emergency Watershed Protection Program'', $2,400,000 shall be
available for the purposes of such program for any disaster occurring
fiscal year 2016 or fiscal year 2017, and shall remain available until
expended.
Sec. 746. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 747. None of the funds made available by this Act may be used
to implement, administer, or enforce the final rule entitled ``Food
Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and
Similar Retail Food Establishments'' published by the Food and Drug
Administration in the Federal Register on December 1, 2014 (79 Fed.
Reg. 71156 et seq.) until the later of--
(1) December 1, 2016; or
(2) the date that is one year after the date on which the
Secretary of Health and Human Services publishes Level 1 guidance
with respect to nutrition labeling of standard menu items in
restaurants and similar retail food establishments in accordance
with paragraphs (g)(1)(i), (g)(1)(ii), (g)(1)(iii), and (g)(1)(iv)
of section 10.115 of title 21, Code of Federal Regulations.
Sec. 748. In addition to funds appropriated in this Act, there is
hereby appropriated $250,000,000, to remain available until expended,
under the heading ``Food for Peace Title II Grants'': Provided, That
the funds made available under this section shall be used for the
purposes set forth in the Food for Peace Act for both emergency and
non-emergency purposes: Provided further, That the funds made
available by this section used for emergency programs may be
prioritized to respond to emergency food needs involving conflict in
the Middle East and to address other urgent food needs around the
world: Provided further, That of the funds made available under this
section, $20,000,000 shall be used to reimburse the Commodity Credit
Corporation for the release of eligible commodities under section
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1).
Sec. 749. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission
for an exemption for investigational use of a drug or biological
product under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo
is intentionally created or modified to include a heritable genetic
modification. Any such submission shall be deemed to have not been
received by the Secretary, and the exemption may not go into effect.
Sec. 750. None of the funds made available by this or any other
Act may be used to implement or enforce any provision of the FDA Food
Safety Modernization Act (Public Law 111-353), including the amendments
made thereby, with respect to the regulation of the distribution, sale,
or receipt of dried spent grain byproducts of the alcoholic beverage
production process, irrespective of whether such byproducts are solely
intended for use as animal feed.
Sec. 751. (a) Of the unobligated balances from amounts made
available in fiscal year 2015 for the supplemental nutrition program as
authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), $220,000,000 are hereby rescinded.
(b) In addition to amounts provided elsewhere in this Act, there is
hereby appropriated for ``Special Supplemental Nutrition Program for
Women, Infants, and Children'', $220,000,000, to remain available until
expended, for management information systems, including WIC electronic
benefit transfer systems and activities.
Sec. 752. (a) The Secretary of Agriculture shall--
(1) within 4 months of the date of enactment of this Act,
establish a prioritization process for APHIS to conduct audits or
reviews of countries or regions that have received animal health
status recognitions by APHIS and provide a description of this
process to the Committee on Appropriations of the House, Committee
on Appropriations of the Senate, Committee on Agriculture of the
House, and Committee on Agriculture, Nutrition, and Forestry of the
Senate;
(2) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable:
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response.
(3) promptly make publicly available the final reports of any
audits or reviews conducted pursuant to subsection (2); and
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 753. None of the funds made available by this Act may be used
to carry out any activities or incur any expense related to the
issuance of licenses under section 3 of the Animal Welfare Act (7
U.S.C. 2133), or the renewal of such licenses, to class B dealers who
sell dogs and cats for use in research, experiments, teaching, or
testing.
Sec. 754. No partially hydrogenated oils as defined in the order
published by the Food and Drug Administration in the Federal Register
on June 17, 2015 (80 Fed. Reg. 34650 et seq.) shall be deemed unsafe
within the meaning of section 409(a) and no food that is introduced or
delivered for introduction into interstate commerce that bears or
contains a partially hydrogenated oil shall be deemed adulterated under
sections 402(a)(1) or 402(a)(2)(C)(i) by virtue of bearing or
containing a partially hydrogenated oil until the compliance date as
specified in such order (June 18, 2018).
Sec. 755. Notwithstanding any other provision of law--
(1) the Secretary of Agriculture shall implement section 12106 of
the Agricultural Act of 2014 and the amendments made by such section
(21 U.S.C. 601 note; Public Law 113-79), including any regulation or
guidance the Secretary of Agriculture issues to carry out such section
or the amendments made by such section; and
(2) the Secretary of Health and Human Services shall implement
section 403(t) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343(t)), including any regulation or guidance the Secretary of Health
and Human Services issues to carry out such section.
Sec. 756. There is hereby appropriated $600,000 for the purposes
of section 727 of division A of Public Law 112-55.
Sec. 757. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water
Bank Act (16 U.S.C. 1301-1311).
Sec. 758. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2016, an amount of funds
made available in title III under the headings of Rural Housing
Insurance Fund Program Account, Mutual and Self-Help Housing Grants,
Rural Housing Assistance Grants, Rural Community Facilities Program
Account, Rural Business Program Account, Rural Development Loan Fund
Program Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to funds
provided under such headings in the most recent fiscal year any such
funds were obligated under such headings for REAP Zones.
Sec. 759. (a) Section 281 of the Agricultural Marketing Act of 1946
(7 U.S.C. 1638) is amended--
(1) by striking paragraphs (1) and (7);
(2) by redesignating paragraphs (2), (3), (4), (5), (6), (8),
and (9) as paragraphs (1), (2), (3), (4), (5), (6), and (7),
respectively; and
(3) in paragraph (1)(A) (as so redesignated)--
(A) in clause (i), by striking ``beef,'' and ``, pork,'';
and
(B) in clause (ii), by striking ``ground beef,'' and ``,
ground pork,''.
(b) Section 282 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1638a) is amended--
(1) in subsection (a)(2)--
(A) in the heading, by striking ``beef,'' and ``pork,'';
(B) by striking ``beef,'' and ``pork,'' each place it
appears in subparagraphs (A), (B), (C), and (D); and
(C) in subparagraph (E)--
(i) in the heading, by striking ``beef, pork,''; and
(ii) by striking ``ground beef, ground pork,'' each
place it appears; and
(2) in subsection (f)(2)--
(A) by striking subparagraphs (B) and (C); and
(B) by redesignating subparagraphs (D) and (E) as
subparagraphs (B) and (C), respectively.
Sec. 760. The Secretary of Agriculture and the Secretary's
designees are hereby granted the same access to information and subject
to the same requirements applicable to the Secretary of Housing and
Urban Development as provided in section 453(j) of the Social Security
Act (42 U.S.C. 653(j)) and section 6103(l)(7)(D)(ix) of the Internal
Revenue Code of 1986 (26 U.S.C. 6103(l)(7)(D)(ix)) to verify the income
for individuals participating in sections 502, 504, 521, and 542 of the
Housing Act of 1949 (42 U.S.C. 1472, 1474, 1490a, and 1490r).
Sec. 761. (a) During fiscal year 2016, the Food and Drug
Administration (FDA) shall not allow the introduction or delivery for
introduction into interstate commerce of any food that contains
genetically engineered salmon until FDA publishes final labeling
guidelines for informing consumers of such content; and
(b) Of the amounts made available to the Food and Drug
Administration, Salaries and Expenses, not less than $150,000 shall be
used to develop labeling guidelines and implement a program to disclose
to consumers whether salmon offered for sale to consumers is a
genetically engineered variety.
Sec. 762. The Secretary may charge a fee for lenders to access
Department loan guarantee systems in connection with such lenders'
participation in loan guarantee programs of the Rural Housing Service:
Provided, That the funds collected from such fees shall be made
available to the Secretary without further appropriation and such funds
shall be deposited into the Rural Development Salaries and Expense
Account and shall remain available until expended for obligation and
expenditure by the Secretary for administrative expenses of the Rural
Housing Service Loan Guarantee Program in addition to other available
funds: Provided further, That such fees collected shall not exceed $50
per loan.
Sec. 763. None of the funds made available by this Act or any
other Act may be used--
(1) in contravention of section 7606 of the Agricultural Act of
2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing, sale, or use of
industrial hemp that is grown or cultivated in accordance with
subsection section 7606 of the Agricultural Act of 2014, within or
outside the State in which the industrial hemp is grown or
cultivated.
Sec. 764. For an additional amount for ``Animal and Plant Health
Inspection Service, Salaries and Expenses'', $5,500,000, to remain
available until September 30, 2017, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 765. Section 529(b)(5) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff(b)(5)) is amended by striking ``the last
day'' and all that follows through the period at the end and inserting
``September 30, 2016.''.
Sec. 766. Notwithstanding any other provision of law, for purposes
of applying the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.)--
(1) the acceptable market name of Gadus chalcogrammus, formerly
known as Theragra chalcogramma, is ``pollock''; and
(2) the term ``Alaskan Pollock'' or ```Alaska Pollock''' may be
used in labeling to refer solely to ``pollock'' harvested in the
State waters of Alaska or the exclusive economic zone (as that term
is defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802)) adjacent to
Alaska.
Sec. 767. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note;
Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code of
Federal Regulations (or a successor regulation).
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2016''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to sections 3702 and 3703 of title 44,
United States Code; full medical coverage for dependent members of
immediate families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of employees of
the International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28, United States Code, when such
claims arise in foreign countries; not to exceed $294,300 for official
representation expenses abroad; purchase of passenger motor vehicles
for official use abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie lines,
$493,000,000, to remain available until September 30, 2017, of which
$10,000,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding section 3302 of
title 31, United States Code: Provided, That, of amounts provided
under this heading, not less than $16,400,000 shall be for China
antidumping and countervailing duty enforcement and compliance
activities: Provided further, That of the amounts provided for the
International Trade Administration under this title, $5,000,000 shall
not be available for obligation or expenditure until 15 days after the
Undersecretary of Commerce for International Trade submits to the
Committees on Appropriations of the House of Representatives and the
Senate the report and certification detailed in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities; and that for
the purpose of this Act, contributions under the provisions of the
Mutual Educational and Cultural Exchange Act of 1961 shall include
payment for assessments for services provided as part of these
activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to any price
limitation otherwise established by law, $112,500,000, to remain
available until expended: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by section 27 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722),
$222,000,000, to remain available until expended, of which $15,000,000
shall be for grants under such section 27.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $39,000,000: Provided,
That these funds may be used to monitor projects approved pursuant to
title I of the Public Works Employment Act of 1976, title II of the
Trade Act of 1974, section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722), and the Community Emergency
Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $32,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$109,000,000, to remain available until September 30, 2017.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics, provided for by law, $270,000,000:
Provided, That, from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities: Provided further, That
the Bureau of the Census shall collect and analyze data for the Annual
Social and Economic Supplement to the Current Population Survey using
the same health insurance questions included in previous years, in
addition to the revised questions implemented in the Current Population
Survey beginning in February 2014.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics for periodic censuses and programs
provided for by law, $1,100,000,000, to remain available until
September 30, 2017: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities:
Provided further, That within the amounts appropriated, $1,551,000
shall be transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the Bureau of the Census: Provided further, That not more
than 50 percent of the amounts made available under this heading for
information technology related to 2020 census delivery, including the
Census Enterprise Data Collection and Processing (CEDCaP) program, may
be obligated until the Secretary submits to the Committees on
Appropriations of the House of Representatives and the Senate a plan
for expenditure that: (1) identifies for each CEDCaP project/investment
over $25,000: (A) the functional and performance capabilities to be
delivered and the mission benefits to be realized; (B) the estimated
lifecycle cost, including estimates for development as well as
maintenance and operations; and (C) key milestones to be met; (2)
details for each project/investment: (A) reasons for any cost and
schedule variances; and (B) top risks and mitigation strategies; and
(3) has been submitted to the Government Accountability Office.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $39,500,000,
to remain available until September 30, 2017: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,272,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2016, so as to result in a fiscal year 2016
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2016, should the total amount of such
offsetting collections be less than $3,272,000,000 this amount shall be
reduced accordingly: Provided further, That any amount received in
excess of $3,272,000,000 in fiscal year 2016 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal year 2016
for official reception and representation expenses: Provided further,
That in fiscal year 2016 from the amounts made available for ``Salaries
and Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as
appropriate, and shall be available for the authorized purposes of
those accounts: Provided further, That any differences between the
present value factors published in OPM's yearly 300 series benefit
letters and the factors that OPM provides for USPTO's specific use
shall be recognized as an imputed cost on USPTO's financial statements,
where applicable: Provided further, That, notwithstanding any other
provision of law, all fees and surcharges assessed and collected by
USPTO are available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the Leahy-Smith
America Invents Act (Public Law 112-29): Provided further, That within
the amounts appropriated, $2,000,000 shall be transferred to the
``Office of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $690,000,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided further, That
NIST may provide local transportation for summer undergraduate research
fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$155,000,000, to remain available until expended, of which $130,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $25,000,000 shall be for the National Network for Manufacturing
Innovation.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards and
Technology Act (15 U.S.C. 278c-278e), $119,000,000, to remain available
until expended: Provided, That the Secretary of Commerce shall include
in the budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000, and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or
other payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities, $3,305,813,000, to remain available until
September 30, 2017, except that funds provided for cooperative
enforcement shall remain available until September 30, 2018: Provided,
That fees and donations received by the National Ocean Service for the
management of national marine sanctuaries may be retained and used for
the salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code: Provided
further, That in addition, $130,164,000 shall be derived by transfer
from the fund entitled ``Promote and Develop Fishery Products and
Research Pertaining to American Fisheries'', which shall only be used
for fishery activities related to the Saltonstall-Kennedy Grant
Program, Cooperative Research, Annual Stock Assessments, Survey and
Monitoring Projects, Interjurisdictional Fisheries Grants, and Fish
Information Networks: Provided further, That of the $3,453,477,000
provided for in direct obligations under this heading, $3,305,813,000
is appropriated from the general fund, $130,164,000 is provided by
transfer and $17,500,000 is derived from recoveries of prior year
obligations: Provided further, That the total amount available for
National Oceanic and Atmospheric Administration corporate services
administrative support costs shall not exceed $226,300,000: Provided
further, That any deviation from the amounts designated for specific
activities in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of
this Act: Provided further, That in addition, for necessary retired
pay expenses under the Retired Serviceman's Family Protection and
Survivor Benefits Plan, and for payments for the medical care of
retired personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. 55), such sums as may be necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $2,400,416,000, to remain available
until September 30, 2018, except that funds provided for acquisition
and construction of vessels and construction of facilities shall remain
available until expended: Provided, That of the $2,413,416,000
provided for in direct obligations under this heading, $2,400,416,000
is appropriated from the general fund and $13,000,000 is provided from
recoveries of prior year obligations: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section 505 of this Act:
Provided further, That the Secretary of Commerce shall include in
budget justification materials that the Secretary submits to Congress
in support of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code) an estimate for each National Oceanic and Atmospheric
Administration procurement, acquisition or construction project having
a total of more than $5,000,000 and simultaneously the budget
justification shall include an estimate of the budgetary requirements
for each such project for each of the 5 subsequent fiscal years:
Provided further, That within the amounts appropriated, $80,050,000
shall not be available for obligation or expenditure until 15 days
after the Under Secretary of Commerce for Oceans and Atmosphere submits
to the Committees on Appropriations of the House of Representatives and
the Senate a fleet modernization and recapitalization plan: Provided
further, That, within the amounts appropriated, $1,302,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September
30, 2017: Provided, That, of the funds provided herein, the Secretary
of Commerce may issue grants to the States of Washington, Oregon,
Idaho, Nevada, California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are identified by
a State as at-risk to be so listed, for maintaining populations
necessary for exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be allocated based
on scientific and other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or documented in-
kind contributions of at least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $350,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2016, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $58,000,000: Provided, That
within amounts provided, the Secretary of Commerce may use up to
$2,500,000 to engage in activities to provide businesses and
communities with information about and referrals to relevant Federal,
State, and local government programs.
renovation and modernization
For necessary expenses for the renovation and modernization of
Department of Commerce facilities, $19,062,000, to remain available
until expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $32,000,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2012 (Public Law 112-55), as amended by section 105 of title I of
division B of Public Law 113-6, are hereby adopted by reference and
made applicable with respect to fiscal year 2016: Provided, That the
life cycle cost for the Joint Polar Satellite System is $11,322,125,000
and the life cycle cost for the Geostationary Operational Environmental
Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms,
or organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to
the Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian tribal government,
Territory, or possession, or of any political subdivision thereof, or
of any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may
be accessed and downloaded for free online. Should a customer still
require the Service to provide a printed or digital copy of the report
or document, the charge shall be limited to recovering the Service's
cost of processing, reproducing, and delivering such report or
document.
Sec. 109. The Secretary of Commerce may waive the requirement for
bonds under 40 U.S.C. 3131 with respect to contracts for the
construction, alteration, or repair of vessels, regardless of the terms
of the contracts as to payment or title, when the contract is made
under the Coast and Geodetic Survey Act of 1947 (33 U.S.C. 883a et
seq.).
Sec. 110. (a) None of the funds made available by this Act or any
other appropriations Act may be used by the Secretary of Commerce for
management activities pursuant to the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico or any amendment to such Plan
unless such management is conducted beyond the seaward boundary of a
coastal State as set out under subsection (b).
(b) Notwithstanding any other provision of law, for the purpose of
carrying out activities pursuant to the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico or any amendment to such
Plan, the seaward boundary of a coastal State in the Gulf of Mexico is
a line 9 nautical miles seaward from the baseline from which the
territorial sea of the United States is measured.
Sec. 111. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of
NOAA is authorized to: (1) enter into grants and cooperative agreements
with; (2) use on a non-reimbursable basis land, services, equipment,
personnel, and facilities provided by; and (3) receive and expend funds
made available on a consensual basis from: a Federal agency, State or
subdivision thereof, local government, tribal government, territory, or
possession or any subdivisions thereof: Provided, That funds received
for permitting and related regulatory activities pursuant to this
section shall be deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and Facilities'' and
shall remain available until September 30, 2018, for such purposes:
Provided further, That all funds within this section and their
corresponding uses are subject to section 505 of this Act.
Sec. 112. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the U.S. Census Bureau, shall be
available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2016''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $111,500,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$31,000,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $35,400,000 to this account, from
funds available to the Department of Justice for information
technology, to remain available until expended, for enterprise-wide
information technology initiatives: Provided further, That the
transfer authority in the preceding proviso is in addition to any other
transfer authority contained in this Act.
administrative review and appeals
(including transfer of funds)
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $426,791,000, of
which $4,000,000 shall be derived by transfer from the Executive Office
for Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account: Provided, That of the amount available for the
Executive Office for Immigration Review, not to exceed $15,000,000
shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$93,709,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $13,308,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor
has been appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia, $893,000,000, of which not to exceed $20,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the amount provided for INTERPOL Washington dues
payments, not to exceed $685,000 shall remain available until expended:
Provided further, That of the total amount appropriated, not to exceed
$9,000 shall be available to INTERPOL Washington for official reception
and representation expenses: Provided further, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ``Salaries and Expenses, General Legal Activities''
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That of the amount appropriated, such sums as may be
necessary shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program under
section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to
reimburse the Office of Personnel Management for such salaries and
expenses: Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall remain
available until expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $9,358,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $164,977,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection (and estimated to be $124,000,000 in fiscal year 2016),
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal
year 2016, so as to result in a final fiscal year 2016 appropriation
from the general fund estimated at $40,977,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,000,000,000: Provided, That of the total amount appropriated, not
to exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $225,908,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits to
the United States Trustee System Fund and amounts herein appropriated
shall be available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any other
provision of law, fees collected pursuant to section 589a(b) of title
28, United States Code, shall be retained and used for necessary
expenses in this appropriation and shall remain available until
expended: Provided further, That to the extent that fees collected in
fiscal year 2016, net of amounts necessary to pay refunds due
depositors, exceed $225,908,000, those excess amounts shall be
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such fees
are received during fiscal year 2016, net of amounts necessary to pay
refunds due depositors, (estimated at $162,400,000) and (2) to the
extent that any remaining general fund appropriations can be derived
from amounts deposited in the Fund in previous fiscal years that are
not otherwise appropriated, so as to result in a final fiscal year 2016
appropriation from the general fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,374,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which not
to exceed $16,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $13,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may not be
transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$14,446,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,230,581,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$15,000,000 shall remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related
support, $15,000,000, to remain available until expended.
federal prisoner detention
(including transfer of funds)
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,454,414,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18,
United States Code: Provided further, That the United States Marshals
Service shall be responsible for managing the Justice Prisoner and
Alien Transportation System: Provided further, That any unobligated
balances available from funds appropriated under the heading ``General
Administration, Detention Trustee'' shall be transferred to and merged
with the appropriation under this heading.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $95,000,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $512,000,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $8,489,786,000, of which not to exceed $216,900,000 shall
remain available until expended: Provided, That not to exceed $184,500
shall be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites by
purchase, or as otherwise authorized by law; conversion, modification
and extension of federally owned buildings; and preliminary planning
and design of projects; $308,982,000, to remain available until
expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs, $2,080,000,000, of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,240,000,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $20,000,000 shall remain available until expended: Provided,
That none of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives
to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $6,948,500,000: Provided, That the Attorney General may
transfer to the Department of Health and Human Services such amounts as
may be necessary for direct expenditures by that Department for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the Federal Prison System, furnish health
services to individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $5,400 shall be available
for official reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for necessary
operations until September 30, 2017: Provided further, That, of the
amounts provided for contract confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses:
Provided further, That the Director of the Federal Prison System may
accept donated property and services relating to the operation of the
prison card program from a not-for-profit entity which has operated
such program in the past, notwithstanding the fact that such not-for-
profit entity furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services, halfway
houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$530,000,000, to remain available until expended, of which $444,000,000
shall be available only for costs related to construction of new
facilities: Provided, That labor of United States prisoners may be
used for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and the Rape Survivor Child Custody Act of 2015 (Public Law
114-22) (``the 2015 Act''); and for related victims services,
$480,000,000, to remain available until expended, of which $379,000,000
shall be derived by transfer from amounts available for obligation in
this Act from the Fund established by section 1402 of chapter XIV of
title II of Public Law 98-473 (42 U.S.C. 10601), notwithstanding
section 1402(d) of such Act of 1984, and merged with the amounts
otherwise made available under this heading: Provided, That except as
otherwise provided by law, not to exceed 5 percent of funds made
available under this heading may be used for expenses related to
evaluation, training, and technical assistance: Provided further, That
of the amount provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $30,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994 Act;
(3) $5,000,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ``Research, Evaluation
and Statistics'' for administration by the Office of Justice
Programs;
(4) $11,000,000 is for a grant program to provide services to
advocate for and respond to youth victims of domestic violence,
dating violence, sexual assault, and stalking; assistance to
children and youth exposed to such violence; programs to engage men
and youth in preventing such violence; and assistance to middle and
high school students through education and other services related
to such violence: Provided, That unobligated balances available
for the programs authorized by sections 41201, 41204, 41303, and
41305 of the 1994 Act, prior to its amendment by the 2013 Act,
shall be available for this program: Provided further, That 10
percent of the total amount available for this grant program shall
be available for grants under the program authorized by section
2015 of the 1968 Act: Provided further, That the definitions and
grant conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $51,000,000 is for grants to encourage arrest policies as
authorized by part U of the 1968 Act, of which $4,000,000 is for a
homicide reduction initiative;
(6) $35,000,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $34,000,000 is for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act;
(9) $45,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized by
section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of the
1994 Act, prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $6,000,000 is for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on Workplace
Responses to assist victims of domestic violence, as authorized by
section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of the
2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by the
Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $2,500,000 is for grants to assist tribal governments in
exercising special domestic violence criminal jurisdiction, as
authorized by section 904 of the 2013 Act: Provided, That the
grant conditions in section 40002(b) of the 1994 Act shall apply to
this program; and
(17) $2,500,000 for the purposes authorized under the 2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT
Our Children Act of 2008 (Public Law 110-401); subtitle D of title II
of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); the Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4) (``the 2013 Act''); and other programs, $116,000,000, to
remain available until expended, of which--
(1) $41,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act;
(2) $36,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title I
of the 1968 Act and subtitle D of title II of the 2002 Act;
(3) $35,000,000 is for regional information sharing activities,
as authorized by part M of title I of the 1968 Act; and
(4) $4,000,000 is for activities to strengthen and enhance the
practice of forensic sciences, of which $3,000,000 is for transfer
to the National Institute of Standards and Technology to support
Scientific Area Committees.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam
Walsh Act''); the Victims of Trafficking and Violence Protection Act of
2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-
403); the Victims of Crime Act of 1984 (Public Law 98-473); the
Mentally Ill Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416); the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and other programs, $1,408,500,000, to remain available until
expended as follows--
(1) $476,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g) of title I of
the 1968 Act shall not apply for purposes of this Act), of which,
notwithstanding such subpart 1, $15,000,000 is for an Officer
Robert Wilson III memorial initiative on Preventing Violence
Against Law Enforcement Officer Resilience and Survivability
(VALOR), $4,000,000 is for use by the National Institute of Justice
for research targeted toward developing a better understanding of
the domestic radicalization phenomenon, and advancing evidence-
based strategies for effective intervention and prevention,
$5,000,000 is for an initiative to support evidence-based policing,
$2,500,000 is for an initiative to enhance prosecutorial decision-
making, $100,000,000 is for grants for law enforcement activities
associated with the presidential nominating conventions, and
$2,400,000 is for the operationalization, maintenance and expansion
of the National Missing and Unidentified Persons System;
(2) $210,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration and
Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater than
the actual cost for Federal immigration and other detainees housed
in State and local detention facilities;
(3) $45,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law 106-
386, for programs authorized under Public Law 109-164, or programs
authorized under Public Law 113-4;
(4) $42,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(5) $10,000,000 for mental health courts and adult and juvenile
collaboration program grants, as authorized by parts V and HH of
title I of the 1968 Act, and the Mentally Ill Offender Treatment
and Crime Reduction Reauthorization and Improvement Act of 2008
(Public Law 110-416);
(6) $12,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title I
of the 1968 Act;
(7) $2,500,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405, and
for grants for wrongful conviction review;
(8) $13,000,000 for economic, high technology and Internet
crime prevention grants, including as authorized by section 401 of
Public Law 110-403;
(9) $2,000,000 for a student loan repayment assistance program
pursuant to section 952 of Public Law 110-315;
(10) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(11) $8,000,000 for an initiative relating to children exposed
to violence;
(12) $22,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of title I
of the 1968 Act: Provided, That $1,500,000 is transferred directly
to the National Institute of Standards and Technology's Office of
Law Enforcement Standards for research, testing and evaluation
programs;
(13) $1,000,000 for the National Sex Offender Public Website;
(14) $6,500,000 for competitive and evidence-based programs to
reduce gun crime and gang violence;
(15) $73,000,000 for grants to States to upgrade criminal and
mental health records for the National Instant Criminal Background
Check System, of which no less than $25,000,000 shall be for grants
made under the authorities of the NICS Improvement Amendments Act
of 2007 (Public Law 110-180);
(16) $13,500,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(17) $125,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities, including the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers program
(Public Law 108-405, section 303);
(B) $4,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Program (Public Law
108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(18) $45,000,000 for a grant program for community-based sexual
assault response reform;
(19) $9,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(20) $30,000,000 for assistance to Indian tribes;
(21) $68,000,000 for offender reentry programs and research, as
authorized by the Second Chance Act of 2007 (Public Law 110-199),
without regard to the time limitations specified at section 6(1) of
such Act, of which not to exceed $6,000,000 is for a program to
improve State, local, and tribal probation or parole supervision
efforts and strategies, $5,000,000 is for Children of Incarcerated
Parents Demonstrations to enhance and maintain parental and family
relationships for incarcerated parents as a reentry or recidivism
reduction strategy, and $4,000,000 is for additional replication
sites employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions in
probation, and for a research project on the effectiveness of the
model: Provided, That up to $7,500,000 of funds made available in
this paragraph may be used for performance-based awards for Pay for
Success projects, of which up to $5,000,000 shall be for Pay for
Success programs implementing the Permanent Supportive Housing
Model;
(22) $6,000,000 for a veterans treatment courts program;
(23) $13,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products;
(24) $10,500,000 for prison rape prevention and prosecution
grants to States and units of local government, and other programs,
as authorized by the Prison Rape Elimination Act of 2003 (Public
Law 108-79);
(25) $75,000,000 for the Comprehensive School Safety
Initiative: Provided, That section 213 of this Act shall not apply
with respect to the amount made available in this paragraph; and
(26) $70,000,000 for initiatives to improve police-community
relations, of which $22,500,000 is for a competitive matching grant
program for purchases of body-worn cameras for State, local and
tribal law enforcement, $27,500,000 is for a justice reinvestment
initiative, for activities related to criminal justice reform and
recidivism reduction, $5,000,000 is for research and statistics on
body-worn cameras and community trust issues, and $15,000,000 is
for an Edward Byrne Memorial criminal justice innovation program:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public
Law 110-401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); and other juvenile justice
programs, $270,160,000, to remain available until expended as follows--
(1) $58,000,000 for programs authorized by section 221 of the
1974 Act, and for training and technical assistance to assist
small, nonprofit organizations with the Federal grants process:
Provided, That of the amounts provided under this paragraph,
$500,000 shall be for a competitive demonstration grant program to
support emergency planning among State, local and tribal juvenile
justice residential facilities;
(2) $90,000,000 for youth mentoring grants;
(3) $17,500,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261 and
262 thereof--
(A) $10,000,000 shall be for the Tribal Youth Program;
(B) $5,000,000 shall be for gang and youth violence
education, prevention and intervention, and related activities;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated parents;
and
(D) $2,000,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(4) $20,000,000 for programs authorized by the Victims of Child
Abuse Act of 1990;
(5) $8,000,000 for community-based violence prevention
initiatives, including for public health approaches to reducing
shootings and violence;
(6) $72,160,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the 1974
Act (except that section 102(b)(4)(B) of the PROTECT Our Children
Act of 2008 (Public Law 110-401) shall not apply for purposes of
this Act);
(7) $2,000,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of the
1990 Act; and
(8) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may be used
for research, evaluation, and statistics activities designed to benefit
the programs or activities authorized: Provided further, That not more
than 2 percent of the amounts designated under paragraphs (1) through
(4) and (7) may be used for training and technical assistance:
Provided further, That the two preceding provisos shall not apply to
grants and projects administered pursuant to sections 261 and 262 of
the 1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $16,300,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain available
until expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and
education payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available appropriations for
the Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); and the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''), $212,000,000, to remain
available until expended: Provided, That any balances made available
through prior year deobligations shall only be available in accordance
with section 505 of this Act: Provided further, That of the amount
provided under this heading--
(1) $11,000,000 is for anti-methamphetamine-related activities,
which shall be transferred to the Drug Enforcement Administration
upon enactment of this Act;
(2) $187,000,000 is for grants under section 1701 of title I of
the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsection (i) of such section: Provided,
That, notwithstanding section 1704(c) of such title (42 U.S.C.
3796dd-3(c)), funding for hiring or rehiring a career law
enforcement officer may not exceed $125,000 unless the Director of
the Office of Community Oriented Policing Services grants a waiver
from this limitation: Provided further, That within the amounts
appropriated under this paragraph, $30,000,000 is for improving
tribal law enforcement, including hiring, equipment, training, and
anti-methamphetamine activities: Provided further, That of the
amounts appropriated under this paragraph, $10,000,000 is for
community policing development activities in furtherance of the
purposes in section 1701: Provided further, That within the
amounts appropriated under this paragraph, $10,000,000 is for the
collaborative reform model of technical assistance in furtherance
of the purposes in section 1701;
(3) $7,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and laboratory
dump seizures: Provided, That funds appropriated under this
paragraph shall be utilized for investigative purposes to locate or
investigate illicit activities, including precursor diversion,
laboratories, or methamphetamine traffickers; and
(4) $7,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary treatment
admissions for heroin and other opioids: Provided, That these
funds shall be utilized for investigative purposes to locate or
investigate illicit activities, including activities related to the
distribution of heroin or unlawful distribution of prescription
opioids, or unlawful heroin and prescription opioid traffickers
through statewide collaboration.
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $50,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape or incest: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any
way diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. Funds appropriated by this or any other Act, with
respect to any fiscal year, under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives, Salaries and Expenses'' shall be
available for retention pay for any employee who would otherwise be
subject to a reduction in pay upon termination of the Bureau's
Personnel Management Demonstration Project (as transferred to the
Attorney General by section 1115 of the Homeland Security Act of 2002,
Public Law 107-296 (28 U.S.C. 599B)): Provided, That such retention
pay shall comply with section 5363 of title 5, United States Code, and
related Office of Personnel Management regulations, except as provided
in this section: Provided further, That such retention pay shall be
paid at the employee's rate of pay immediately prior to the termination
of the demonstration project and shall not be subject to the limitation
set forth in section 5304(g)(1) of title 5, United States Code, and
related regulations.
Sec. 207. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 208. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, or to
rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 209. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House
of Representatives and the Senate that the information technology
program has appropriate program management controls and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 210. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 211. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76 or any successor administrative regulation, directive, or policy
for work performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 212. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title 28,
United States Code.
Sec. 213. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by
this title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 3 percent of funds made available to the Office of
Justice Programs for grant or reimbursement programs may be used by
such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or statistical
programs administered by the National Institute of Justice and the
Bureau of Justice Statistics, shall be transferred to and merged
with funds provided to the National Institute of Justice and the
Bureau of Justice Statistics, to be used by them for research,
evaluation, or statistical purposes, without regard to the
authorizations for such grant or reimbursement programs.
Sec. 214. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2013 through 2016 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local reentry
demonstration projects under part FF of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)),
the requirements under section 2976(g)(1) of such part.
(2) For State, Tribal, and local reentry courts under part FF
of title I of such Act of 1968 (42 U.S.C. 3797w-2(e)(1) and (2)),
the requirements under section 2978(e)(1) and (2) of such part.
(3) For the prosecution drug treatment alternatives to prison
program under part CC of title I of such Act of 1968 (42 U.S.C.
3797q-3), the requirements under section 2904 of such part.
(4) For grants to protect inmates and safeguard communities as
authorized by section 6 of the Prison Rape Elimination Act of 2003
(42 U.S.C. 15605(c)(3)), the requirements of section 6(c)(3) of
such Act.
Sec. 215. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 216. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (18 U.S.C. 922 note), may be used by a Federal law enforcement
officer to facilitate the transfer of an operable firearm to an
individual if the Federal law enforcement officer knows or suspects
that the individual is an agent of a drug cartel, unless law
enforcement personnel of the United States continuously monitor or
control the firearm at all times.
Sec. 217. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2016, except up to $40,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2016, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2016, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
(d) Subsections (a) through (c) of this section shall sunset on
September 30, 2016.
Sec. 218. (a) Of the funds appropriated by this Act under each of
the headings ``General Administration--Salaries and Expenses'',
``United States Marshals Service--Salaries and Expenses'', ``Federal
Bureau of Investigation--Salaries and Expenses'', ``Drug Enforcement
Administration--Salaries and Expenses'', and ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'', $20,000,000
shall not be available for obligation until the Attorney General
demonstrates to the Committees on Appropriations of the House of
Representatives and the Senate that all recommendations included in the
Office of Inspector General of the Department of Justice, Evaluation
and Inspections Division Report 15-04 entitled ``The Handling of Sexual
Harassment and Misconduct Allegations by the Department's Law
Enforcement Components'', dated March, 2015, have been implemented or
are in the process of being implemented.
(b) The Inspector General of the Department of Justice shall report
to the Committees on Appropriations of the House of Representatives and
the Senate not later than 90 days after the date of enactment of this
Act on the status of the Department's implementation of recommendations
included in the report specified in subsection (a).
Sec. 219. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under section 526 of division
H of Public Law 113-76, section 524 of division G of Public Law 113-
235, and such authorities as are enacted for Performance Partnership
Pilots in an appropriations Act for fiscal year 2016.
This title may be cited as the ``Department of Justice
Appropriations Act, 2016''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to
exceed $2,250 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $5,555,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $5,589,400,000, to remain available until
September 30, 2017: Provided, That the formulation and development
costs (with development cost as defined under section 30104 of title
51, United States Code) for the James Webb Space Telescope shall not
exceed $8,000,000,000: Provided further, That should the individual
identified under subsection (c)(2)(E) of section 30104 of title 51,
United States Code, as responsible for the James Webb Space Telescope
determine that the development cost of the program is likely to exceed
that limitation, the individual shall immediately notify the
Administrator and the increase shall be treated as if it meets the 30
percent threshold described in subsection (f) of section 30104:
Provided further, That, of the amounts provided, $175,000,000 is for an
orbiter with a lander to meet the science goals for the Jupiter Europa
mission as outlined in the most recent planetary science decadal
survey: Provided further, That the National Aeronautics and Space
Administration shall use the Space Launch System as the launch vehicle
for the Jupiter Europa mission, plan for a launch no later than 2022,
and include in the fiscal year 2017 budget the 5-year funding profile
necessary to achieve these goals.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $640,000,000, to remain available until
September 30, 2017.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $686,500,000, to remain available until
September 30, 2017: Provided, That $133,000,000 shall be for the
RESTORE satellite servicing program for completion of pre-formulation
and initiation of formulation activities for RESTORE and such funds
shall not support activities solely needed for the asteroid redirect
mission.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $4,030,000,000, to remain available until
September 30, 2017: Provided, That not less than $1,270,000,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That
not less than $2,000,000,000 shall be for the Space Launch System (SLS)
launch vehicle, which shall have a lift capability not less than 130
metric tons and which shall have core elements and an enhanced upper
stage developed simultaneously: Provided further, That of the amounts
provided for SLS, not less than $85,000,000 shall be for enhanced upper
stage development: Provided further, That $410,000,000 shall be for
exploration ground systems: Provided further, That the National
Aeronautics and Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget profile
and funding projection that adheres to a 70 percent Joint Confidence
Level and is consistent with the Key Decision Point C (KDP-C) for the
SLS and with the management agreement contained in the KDP-C for the
Orion Multi-Purpose Crew Vehicle: Provided further, That $350,000,000
shall be for exploration research and development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services;
space flight, spacecraft control and communications activities,
including operations, production, and services; maintenance and repair,
facility planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance and operation of mission and administrative
aircraft, $5,029,200,000, to remain available until September 30, 2017.
education
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$115,000,000, to remain available until September 30, 2017, of which
$18,000,000 shall be for the Experimental Program to Stimulate
Competitive Research and $40,000,000 shall be for the National Space
Grant College program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $2,768,600,000, to remain available until
September 30, 2017.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $388,900,000, to remain available until
September 30, 2021: Provided, That proceeds from leases deposited into
this account shall be available for a period of 5 years to the extent
and in amounts as provided in annual appropriations Acts: Provided
further, That such proceeds referred to in the preceding proviso shall
be available for obligation for fiscal year 2016 in an amount not to
exceed $9,470,300: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 20145 of title
51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $37,400,000, of which
$500,000 shall remain available until September 30, 2017.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed
or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by NASA at
the theme, program, project and activity level. The spending plan, as
well as any subsequent change of an amount established in that spending
plan that meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
The unexpired balances for Commercial Spaceflight Activities
contained within the Exploration account may be transferred to the
Space Operations account for such activities. Balances so transferred
shall be merged with the funds in the Space Operations account and
shall be available under the same terms, conditions and period of time
as previously appropriated.
For the closeout of all Space Shuttle contracts and associated
programs, amounts that have expired but have not been cancelled in the
Exploration, Space Operations, Human Space Flight, Space Flight
Capabilities, and Exploration Capabilities appropriations accounts
shall remain available through fiscal year 2025 for the liquidation of
valid obligations incurred during the period of fiscal year 2001
through fiscal year 2013.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $6,033,645,000, to remain available
until September 30, 2017, of which not to exceed $540,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other related
activities for the United States Antarctic program: Provided, That
receipts for scientific support services and materials furnished by the
National Research Centers and other National Science Foundation
supported research facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $200,310,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms
in the District of Columbia, $880,000,000, to remain available until
September 30, 2017.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); services authorized by section 3109 of title 5, United States
Code; hire of passenger motor vehicles; uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of Columbia;
and reimbursement of the Department of Homeland Security for security
guard services; $330,000,000: Provided, That not to exceed $8,280 is
for official reception and representation expenses: Provided further,
That contracts may be entered into under this heading in fiscal year
2016 for maintenance and operation of facilities and for other services
to be provided during the next fiscal year: Provided further, That of
the amount provided for costs associated with the acquisition,
occupancy, and related costs of new headquarters space, not more than
$30,770,000 shall remain available until expended.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,370,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $15,160,000, of which
$400,000 shall remain available until September 30, 2017.
administrative provision
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 10 percent by any such transfers. Any
transfer pursuant to this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
This title may be cited as the ``Science Appropriations Act,
2016''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,200,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the chairperson, who is
permitted 125 billable days: Provided further, That none of the funds
appropriated in this paragraph shall be used for any activity or
expense that is not explicitly authorized by section 3 of the Civil
Rights Commission Act of 1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Non-Discrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services
as authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $364,500,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until
such time as the Committees on Appropriations of the House of
Representatives and the Senate have been notified of such proposals, in
accordance with the reprogramming requirements of section 505 of this
Act: Provided further, That the Chair is authorized to accept and use
any gift or donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by section 3109 of title 5, United States Code, and not to exceed
$2,250 for official reception and representation expenses, $88,500,000,
to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $385,000,000,
of which $352,000,000 is for basic field programs and required
independent audits; $5,000,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $19,000,000 is for management and
grants oversight; $4,000,000 is for client self-help and information
technology; $4,000,000 is for a Pro Bono Innovation Fund; and
$1,000,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by section
5304 of title 5, United States Code, notwithstanding section 1005(d) of
the Legal Services Corporation Act (42 U.S.C. 2996(d)): Provided
further, That the authorities provided in section 205 of this Act shall
be applicable to the Legal Services Corporation: Provided further,
That, for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2015 and 2016, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), $3,431,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $54,500,000, of which $1,000,000 shall
remain available until expended: Provided, That not to exceed $124,000
shall be available for official reception and representation expenses.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of 1984 (42
U.S.C. 10701 et seq.) $5,121,000, of which $500,000 shall remain
available until September 30, 2017: Provided, That not to exceed
$2,250 shall be available for official reception and representation
expenses: Provided further, That, for the purposes of section 505 of
this Act, the State Justice Institute shall be considered an agency of
the United States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2016, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program, project or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices,
programs or activities; (6) contracts out or privatizes any functions
or activities presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding for any
program, project or activity, or numbers of personnel by 10 percent; or
(8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds by agencies (excluding agencies
of the Department of Justice) funded by this Act and 45 days in advance
of such reprogramming of funds by agencies of the Department of Justice
funded by this Act.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term
in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the
status of balances of appropriations at the account level. For
unobligated, uncommitted balances and unobligated, committed balances
the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation
of a current accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such accounting
system and shall identify and describe in each quarterly report the
extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection of loan
collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (42 U.S.C. 10601) in any
fiscal year in excess of $3,042,000,000 shall not be available for
obligation until the following fiscal year: Provided, That
notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation, $10,000,000 shall remain available until
expended to the Department of Justice Office of Inspector General for
oversight and auditing purposes.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 514. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in
any other manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 515. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information systems
against criteria developed by NIST to inform acquisition decisions
for high-impact and moderate-impact information systems within the
Federal Government;
(2) reviewed the supply chain risk from the presumptive awardee
against available and relevant threat information provided by the
Federal Bureau of Investigation (FBI) and other appropriate
agencies; and
(3) in consultation with the FBI or other appropriate Federal
entity, conducted an assessment of any risk of cyber-espionage or
sabotage associated with the acquisition of such system, including
any risk associated with such system being produced, manufactured,
or assembled by one or more entities identified by the United
States Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or subsidized by the
People's Republic of China.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain risk
management experts, a mitigation strategy for any identified risks;
(2) determined that the acquisition of such system is in the
national interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate and
the agency Inspector General.
(c) During fiscal year 2016--
(1) the FBI shall develop best practices for supply chain risk
management; and
(2) the Departments of Commerce and Justice, the National
Aeronautics and Space Administration, and the National Science
Foundation shall incorporate such practices into their information
technology procurement practices to the maximum extent practicable.
Sec. 516. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 517. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or from
being otherwise eligible under the laws of the United States to
possess, ship, transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 518. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 519. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-Singapore
Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-Australia
Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 520. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act; The Electronic Communications Privacy Act; The
Fair Credit Reporting Act; The National Security Act of 1947; USA
PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by these
Acts.
Sec. 521. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent or more, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree
to which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or
procurement costs.
Sec. 522. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2016 until the enactment of the Intelligence
Authorization Act for fiscal year 2016.
Sec. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
(rescissions)
Sec. 524. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce's Economic
Development Administration, Economic Development Assistance Programs,
$10,000,000 are rescinded, not later than September 30, 2016.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby rescinded, not later than
September 30, 2016, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $69,000,000;
(2) ``United States Marshals Service, Federal Prisoner
Detention'', $195,974,000;
(3) ``Federal Bureau of Investigation, Salaries and Expenses'',
$80,767,000 from fees collected to defray expenses for the
automation of fingerprint identification and criminal justice
information services and associated costs;
(4) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $15,000,000;
(5) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $40,000,000;
(6) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $10,000,000; and
(7) ``Legal Activities, Assets Forfeiture Fund'', $458,000,000.
(c) The Departments of Commerce and Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2016, specifying the amount
of each rescission made pursuant to subsections (a) and (b).
Sec. 525. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 526. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency, who are stationed in the United
States, at any single conference occurring outside the United States
unless such conference is a law enforcement training or operational
conference for law enforcement personnel and the majority of Federal
employees in attendance are law enforcement personnel stationed outside
the United States.
Sec. 527. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 528. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 529. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.
Sec. 530. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality
uses to track undisbursed balances in expired grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on the
first day of each fiscal year) for the department, agency, or
instrumentality and the total finances that have not been obligated
to a specific project remaining in the accounts.
Sec. 531. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA) or
the Office of Science and Technology Policy (OSTP) to develop, design,
plan, promulgate, implement, or execute a bilateral policy, program,
order, or contract of any kind to participate, collaborate, or
coordinate bilaterally in any way with China or any Chinese-owned
company unless such activities are specifically authorized by a law
enacted after the date of enactment of this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA or OSTP has certified--
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, and the Federal Bureau of Investigation, no later than 30
days prior to the activity in question and shall include a description
of the purpose of the activity, its agenda, its major participants, and
its location and timing.
Sec. 532. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel to deny, or fail to act
on, an application for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the proposed
importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the Attorney
General prior to January 1, 2011, on the basis that the shotgun was
not particularly suitable for or readily adaptable to sporting
purposes.
Sec. 533. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim
assistance-related activity.
Sec. 534. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, the National Science Foundation,
the Commission on Civil Rights, the Equal Employment Opportunity
Commission, the International Trade Commission, the Legal Services
Corporation, the Marine Mammal Commission, the Offices of Science and
Technology Policy and the United States Trade Representative, and the
State Justice Institute shall submit spending plans, signed by the
respective department or agency head, to the Committees on
Appropriations of the House of Representatives and the Senate within 45
days after the date of enactment of this Act.
Sec. 535. (a) The head of any executive branch department, agency,
board, commission, or office funded by this Act shall submit annual
reports to the Inspector General or senior ethics official for any
entity without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any such
department, agency, board, commission, or office during fiscal year
2016 for which the cost to the United States Government was more than
$100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days of the date of a conference held by any
executive branch department, agency, board, commission, or office
funded by this Act during fiscal year 2016 for which the cost to the
United States Government was more than $20,000, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending such conference.
(d) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a banquet or
conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a banquet
or conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(e) None of the funds made available in this Act may be used for
travel and conference activities that are not in compliance with Office
of Management and Budget Memorandum M-12-12 dated May 11, 2012 or any
subsequent revisions to that memorandum.
Sec. 536. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 537. The head of any executive branch department, agency,
board, commission, or office funded by this Act shall require that all
contracts within their purview that provide award fees link such fees
to successful acquisition outcomes, specifying the terms of cost,
schedule, and performance.
Sec. 538. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance
that does not meet the basic requirements of a contract.
Sec. 539. (a) None of the funds made available by this Act may be
used to relinquish the responsibility of the National
Telecommunications and Information Administration, during fiscal year
2016, with respect to Internet domain name system functions, including
responsibility with respect to the authoritative root zone file and the
Internet Assigned Numbers Authority functions.
(b) Nothwithstanding any other law, subsection (a) of this section
shall not apply in fiscal year 2017.
Sec. 540. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978, or to prevent or impede that Inspector
General's access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to the Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner. Each Inspector
General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House
of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
Sec. 541. The Department of Commerce, the National Aeronautics and
Space Administration, and the National Science Foundation shall provide
a quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose of such
travel.
Sec. 542. None of the funds made available in this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware,
Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North
Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming, or
with respect to the District of Columbia, Guam, or Puerto Rico, to
prevent any of them from implementing their own laws that authorize the
use, distribution, possession, or cultivation of medical marijuana.
Sec. 543. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2016''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $41,045,562,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $27,835,183,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $12,859,152,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $27,679,066,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,463,164,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,866,891,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$702,481,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,682,942,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,892,327,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,201,890,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$32,399,440,000: Provided, That not to exceed $12,478,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $39,600,172,000: Provided, That not to exceed
$15,055,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of the Navy,
and payments may be made on his certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,718,074,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$35,727,457,000: Provided, That not to exceed $7,699,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Air Force, and payments
may be made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$32,105,040,000: Provided, That not more than $15,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity
for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $35,045,000 shall be
made available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
$9,031,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available for
the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,646,911,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $998,481,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $274,526,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,980,768,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,595,483,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,820,569,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $14,078,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $234,829,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $300,000,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $368,131,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $8,232,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $231,217,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $103,266,000, to remain available until
September 30, 2017.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and,
with appropriate authorization by the Department of Defense and
Department of State, to countries outside of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components, and
weapons technology and expertise, and for defense and military
contacts, $358,496,000, to remain available until September 30, 2018.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,866,367,000, to remain available for obligation until
September 30, 2018.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,600,957,000, to remain available for obligation until
September 30, 2018.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,951,646,000, to remain available for obligation until September 30,
2018.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,245,426,000, to remain available for
obligation until September 30, 2018.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$5,718,811,000, to remain available for obligation until September 30,
2018.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $17,521,209,000, to remain available for obligation
until September 30, 2018.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,049,542,000, to remain available
for obligation until September 30, 2018.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $651,920,000, to remain available for
obligation until September 30, 2018.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $1,569,571,000;
Carrier Replacement Program (AP), $862,358,000;
Virginia Class Submarine, $3,346,370,000;
Virginia Class Submarine (AP), $1,971,840,000;
CVN Refueling Overhauls, $637,588,000;
CVN Refueling Overhauls (AP), $14,951,000;
DDG-1000 Program, $433,404,000;
DDG-51 Destroyer, $4,132,650,000;
Littoral Combat Ship, $1,331,591,000;
LPD-17, $550,000,000;
Afloat Forward Staging Base, $635,000,000;
LHA Replacement (AP), $476,543,000;
LX(R) (AP), $250,000,000;
Joint High Speed Vessel, $225,000,000;
TAO Fleet Oiler, $674,190,000;
T-ATS(X) Fleet Tug, $75,000,000;
LCU Replacement, $34,000,000;
Moored Training Ship (AP), $138,200,000;
Ship to Shore Connector, $210,630,000;
Service Craft, $30,014,000;
LCAC Service Life Extension Program, $80,738,000;
YP Craft Maintenance/ROH/SLEP, $21,838,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $613,758,000.
Completion of Prior Year Shipbuilding Programs, $389,305,000.
In all: $18,704,539,000, to remain available for obligation until
September 30, 2020: Provided, That additional obligations may be
incurred after September 30, 2020, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $6,484,257,000, to
remain available for obligation until September 30, 2018.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,186,812,000, to remain available for obligation
until September 30, 2018.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $15,756,853,000, to remain available for
obligation until September 30, 2018.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,912,131,000, to remain
available for obligation until September 30, 2018.
Space Procurement, Air Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,812,159,000, to remain
available for obligation until September 30, 2018.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,744,993,000, to remain available for
obligation until September 30, 2018.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $18,311,882,000, to remain
available for obligation until September 30, 2018.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $5,245,443,000, to remain available for obligation until
September 30, 2018.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $76,680,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$7,565,327,000, to remain available for obligation until September 30,
2017.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$18,117,677,000, to remain available for obligation until September 30,
2017: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$25,217,148,000, to remain available for obligation until September 30,
2017.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $18,695,955,000, to remain
available for obligation until September 30, 2017: Provided, That, of
the funds made available in this paragraph, $250,000,000 for the
Defense Rapid Innovation Program shall only be available for expenses,
not otherwise provided for, to include program management and
oversight, to conduct research, development, test and evaluation to
include proof of concept demonstration; engineering, testing, and
validation; and transition to full-scale production: Provided further,
That the Secretary of Defense may transfer funds provided herein for
the Defense Rapid Innovation Program to appropriations for research,
development, test and evaluation to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
30 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $188,558,000, to remain available for obligation
until September 30, 2017.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,738,768,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $474,164,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That none of the funds provided in this
paragraph shall be used to award a new contract for the construction,
acquisition, or conversion of vessels, including procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future: Provided further, That the
Secretary of the military department responsible for such procurement
may waive the restrictions in the first proviso on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on a
timely basis and that such an acquisition must be made in order to
acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$32,329,490,000; of which $29,842,167,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2017, and of which up to
$14,579,612,000 may be available for contracts entered into under the
TRICARE program; of which $365,390,000, to remain available for
obligation until September 30, 2018, shall be for procurement; and of
which $2,121,933,000, to remain available for obligation until
September 30, 2017, shall be for research, development, test and
evaluation: Provided, That, notwithstanding any other provision of
law, of the amount made available under this heading for research,
development, test and evaluation, not less than $8,000,000 shall be
available for HIV prevention educational activities undertaken in
connection with United States military training, exercises, and
humanitarian assistance activities conducted primarily in African
nations: Provided further, That of the funds provided under this
heading for research, development, test and evaluation, not less than
$943,300,000 shall be made available to the United States Army Medical
Research and Materiel Command to carry out the congressionally directed
medical research programs.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $699,821,000, of which $118,198,000 shall be
for operation and maintenance, of which no less than $50,743,000 shall
be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $21,289,000 for activities on military installations and
$29,454,000, to remain available until September 30, 2017, to assist
State and local governments; $2,281,000 shall be for procurement, to
remain available until September 30, 2018, of which $2,281,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to assist
State and local governments; and $579,342,000, to remain available
until September 30, 2017, shall be for research, development, test and
evaluation, of which $569,339,000 shall only be for the Assembled
Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,050,598,000, of which $716,109,000
shall be for counter-narcotics support; $121,589,000 shall be for the
drug demand reduction program; $192,900,000 shall be for the National
Guard counter-drug program; and $20,000,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $312,559,000, of which $310,459,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $2,100,000, to remain available until September
30, 2017, shall be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $505,206,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$4,500,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2016: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement regarding this Act,
the obligation and expenditure of amounts appropriated or otherwise
made available in this Act for those programs, projects, and activities
for which the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner provided by such
tables to the same extent as if the tables were included in the text of
this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2016: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both by
budget activity and program, project, and activity as detailed in
the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-wide''; and
(5) ``Environmental Restoration, Formerly Used Defense Sites''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer:
Provided further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations may
be made against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a budget
request for full funding of units to be procured through the
contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested in
that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full funding
of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor under
the contract shall not be made in advance of incurred costs on
funded units; and
(4) the contract does not provide for a price adjustment based
on a failure to award a follow-on contract.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2016, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2017 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2017 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2017.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
2358 note) civilian personnel at the Department of Army Science and
Technology Reinvention Laboratories may not be managed on the basis of
the Table of Distribution and Allowances, and the management of the
workforce strength shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only
to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United States:
Provided further, That when adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis,
the Secretary of the service responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations that such an acquisition must be made
in order to acquire capability for national security purposes.
Sec. 8017. Of the amounts appropriated for ``Working Capital Fund,
Army'', $145,000,000 shall be available to maintain competitive rates
at the arsenals.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8020. Of the funds made available in this Act, $15,000,000
shall be available for incentive payments authorized by section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided, That a
prime contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined in
section 1544 of title 25, United States Code, or a small business owned
and controlled by an individual or individuals defined under section
4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 1906 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8022. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That,
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8023. (a) Of the funds made available in this Act, not less
than $39,500,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $27,400,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities, and
drug demand reduction activities involving youth programs;
(2) $10,400,000 shall be available from ``Aircraft Procurement,
Air Force''; and
(3) $1,700,000 shall be available from ``Other Procurement, Air
Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8024. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
Provided, That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2016 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development:
Provided, That up to 1 percent of funds provided in this Act for
support of defense FFRDCs may be used for planning and design of
scientific or engineering facilities: Provided further, That the
Secretary of Defense shall notify the congressional defense committees
15 days in advance of exercising the authority in the previous proviso.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2016, not more than
5,750 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That, of the specific amount referred to
previously in this subsection, not more than 1,125 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2017 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$65,000,000.
Sec. 8025. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8026. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8027. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8028. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2016. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8029. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8030. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8031. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000.
Sec. 8032. None of the funds made available by this Act may be
used to--
(1) disestablish, or prepare to disestablish, a Senior Reserve
Officers' Training Corps program in accordance with Department of
Defense Instruction Number 1215.08, dated June 26, 2006; or
(2) close, downgrade from host to extension center, or place on
probation a Senior Reserve Officers' Training Corps program in
accordance with the information paper of the Department of the Army
titled ``Army Senior Reserve Officers' Training Corps (SROTC)
Program Review and Criteria'', dated January 27, 2014.
Sec. 8033. The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the local
community: Provided, That such regulations shall direct that the
prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2017 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2017 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2017 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8035. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2017: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2017.
Sec. 8036. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8037. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8038. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8039. None of the funds appropriated by this Act and
hereafter shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the basis of an
unsolicited proposal unless the head of the activity responsible for
the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of unique
and significant industrial accomplishment by a specific concern, or
to insure that a new product or idea of a specific concern is given
financial support: Provided, That this limitation shall not apply
to contracts in an amount of less than $25,000, contracts related
to improvements of equipment that is in development or production,
or contracts as to which a civilian official of the Department of
Defense, who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national defense.
Sec. 8040. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or employee's
place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats;
(3) an Army field operating agency established to improve the
effectiveness and efficiencies of biometric activities and to
integrate common biometric technologies throughout the Department
of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8041. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance of
the activity or function by a contractor would be less costly to
the Department of Defense by an amount that equals or exceeds the
lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a proposal
that would reduce costs for the Department of Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract; or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount that
is paid by the Department of Defense for health benefits for
civilian employees under chapter 89 of title 5, United States
Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established pursuant to
section 2 of the Javits-Wagner-O'Day Act (section 8503 of title 41,
United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with that
Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian
Organization, as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8042. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism or as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended:
``Cooperative Threat Reduction Account'', 2014/2016,
$15,000,000;
``Aircraft Procurement, Army'', 2014/2016, $9,295,000;
``Other Procurement, Army'', 2014/2016, $40,000,000;
``Aircraft Procurement, Navy'', 2014/2016, $53,415,000;
``Weapons Procurement, Navy'', 2014/2016, $888,000;
``Aircraft Procurement, Air Force'', 2014/2016, $2,300,000;
``Procurement of Ammunition, Air Force'', 2014/2016,
$6,300,000;
``Other Procurement, Air Force'', 2014/2016, $90,000,000;
``Aircraft Procurement, Army'', 2015/2017, $25,000,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army'',
2015/2017, $7,500,000;
``Other Procurement, Army'', 2015/2017, $30,000,000;
``Aircraft Procurement, Navy'', 2015/2017, $11,702,000;
``Weapons Procurement, Navy'', 2015/2017, $15,422,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2015/
2017, $8,906,000;
``Procurement, Marine Corps'', 2015/2017, $66,477,000;
``Aircraft Procurement, Air Force'', 2015/2017, $199,046,000;
``Missile Procurement, Air Force'', 2015/2017, $212,000,000;
``Other Procurement, Air Force'', 2015/2017, $17,000,000;
``Research, Development, Test and Evaluation, Army'', 2015/
2016, $9,299,000;
``Research, Development, Test and Evaluation, Navy'', 2015/
2016, $228,387,000;
``Research, Development, Test and Evaluation, Air Force'',
2015/2016, $718,500,000; and
``Research, Development, Test and Evaluation, Defense-Wide'',
2015/2016, $2,500,000.
Sec. 8043. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8044. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8045. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8046. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction or counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8047. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 103 of title 41, United States Code, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8048. None of the funds made available by this Act for
Evolved Expendable Launch Vehicle service competitive procurements may
be used unless the competitive procurements are open for award to all
certified providers of Evolved Expendable Launch Vehicle-class systems:
Provided, That the award shall be made to the provider that offers the
best value to the government: Provided further, That notwithstanding
any other provision of law, award may be made to a launch service
provider competing with any certified launch vehicle in its inventory
regardless of the country of origin of the rocket engine that will be
used on its launch vehicle, in order to ensure robust competition and
continued assured access to space.
Sec. 8049. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $20,000,000 to the United Service Organizations
and $24,000,000 to the Red Cross.
Sec. 8050. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8051. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they
contribute to the extramural budget.
Sec. 8052. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8054. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable (except
as to amount) to the expired or closed account before the end of
the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any
current appropriation account of the Department of Defense; and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of Defense
under the provisions of section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-510, as
amended (31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation discloses
that there was not in fact a negative unliquidated or unexpended
balance in the account, any charge to a current account under the
authority of this section shall be reversed and recorded against
the expired account: Provided further, That the total amount
charged to a current appropriation under this section may not
exceed an amount equal to 1 percent of the total appropriation for
that account.
Sec. 8055. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8056. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
United States Navy forces assigned to the Pacific fleet: Provided,
That the command and control relationships which existed on October 1,
2004, shall remain in force unless changes are specifically authorized
in a subsequent Act: Provided further, That this section does not
apply to administrative control of Navy Air and Missile Defense
Command.
(including transfer of funds)
Sec. 8057. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-wide'', $25,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes
and for the same time period as the appropriations to which the funds
are transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8058. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
Sec. 8059. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before such
date if the option prices are adjusted for any reason other than
the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8060. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to consolidate or relocate any element of a United States
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
Engineer (RED HORSE) outside of the United States until the Secretary
of the Air Force--
(1) completes an analysis and comparison of the cost and
infrastructure investment required to consolidate or relocate a RED
HORSE squadron outside of the United States versus within the
United States;
(2) provides to the congressional defense committees a report
detailing the findings of the cost analysis; and
(3) certifies in writing to the congressional defense
committees that the preferred site for the consolidation or
relocation yields the greatest savings for the Air Force:
Provided, That the term ``United States'' in this section does not
include any territory or possession of the United States.
Sec. 8061. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8062. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8063. The Secretary of Defense shall continue to provide a
classified quarterly report to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as directed in
the classified annex accompanying this Act.
Sec. 8064. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8065. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8066. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8067. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That, in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
(including transfer of funds)
Sec. 8068. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $76,611,750 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8069. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change
is otherwise in accordance with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary of
Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and develop
detailed proposals for alternative financial management processes. Such
study shall include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected agencies;
(2) receive certification from all affected agencies attesting
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect
counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense and
intelligence committees.
(e) This section shall not be construed to alter or affect the
application of section 1633 of the National Defense Authorization Act
for Fiscal Year 2016 to the amounts made available by this Act.
Sec. 8070. In addition to amounts provided elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $487,595,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$55,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended; $286,526,000 shall
be for the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under the
SRBMD program, of which $150,000,000 shall be for production activities
of SRBMD missiles in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws, regulations,
and procedures, of which not more than $90,000,000, subject to
previously established transfer procedures, may be obligated or
expended until establishment of a U.S.-Israeli production agreement for
SRBMD; $89,550,000 shall be for an upper-tier component to the Israeli
Missile Defense Architecture, of which not more than $15,000,000,
subject to previously established transfer procedures, may be obligated
or expended until establishment of a U.S.-Israeli production agreement;
and $56,519,000 shall be for the Arrow System Improvement Program
including development of a long range, ground and airborne, detection
suite: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $389,305,000 shall be
available until September 30, 2016, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2008/2016: Carrier Replacement Program $123,760,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2009/2016: LPD-17 Amphibious Transport Dock Program $22,860,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2016: CVN Refueling Overhauls Program $20,029,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2016: DDG-51 Destroyer $75,014,000;
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2016: Littoral Combat Ship $82,674,000;
(6) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2016: LPD-17 Amphibious Transport Dock Program $38,733,000;
(7) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2016: Joint High Speed Vessel $22,597,000; and
(8) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2016: Joint High Speed Vessel $3,638,000.
Sec. 8073. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 3094)
during fiscal year 2016 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2016.
Sec. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8075. The budget of the President for fiscal year 2017
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That these
documents shall include a description of the funding requested for each
contingency operation, for each military service, to include all Active
and Reserve components, and for each appropriations account: Provided
further, That these documents shall include estimated costs for each
element of expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic data
including, but not limited to, troop strength for each Active and
Reserve component, and estimates of the major weapons systems deployed
in support of each contingency: Provided further, That these documents
shall include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two preceding fiscal
years.
Sec. 8076. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8077. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $1,500,789,000.
Sec. 8078. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8079. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
(including transfer of funds)
Sec. 8080. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $20,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided further, That
the transfer authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.
Sec. 8081. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8082. Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:
Provided further, That funds may not be obligated to provide assistance
to any foreign country that is otherwise prohibited from receiving such
type of assistance under any other provision of law.
Sec. 8083. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2017.
Sec. 8084. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8085. (a) Not later than 60 days after the date of enactment
of this Act, the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2016: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8086. None of the funds made available by this Act may be
used to eliminate, restructure, or realign Army Contracting Command-New
Jersey or make disproportionate personnel reductions at any Army
Contracting Command-New Jersey sites without 30-day prior notification
to the congressional defense committees.
Sec. 8087. None of the funds made available by this Act may be
used to retire, divest, realign, or transfer RQ-4B Global Hawk
aircraft, or to disestablish or convert units associated with such
aircraft.
Sec. 8088. None of the funds made available by this Act for excess
defense articles, assistance under section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3456), or peacekeeping operations for the countries designated annually
to be in violation of the standards of the Child Soldiers Prevention
Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be used to
support any military training or operation that includes child
soldiers, as defined by the Child Soldiers Prevention Act of 2008,
unless such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
(including transfer of funds)
Sec. 8089. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $20,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available
for the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and
Budget must approve any transfers made under this provision.
Sec. 8090. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period
may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8091. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8092. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8093. The Department of Defense shall continue to report
incremental contingency operations costs for Operation Inherent
Resolve, Operation Freedom's Sentinel, and any named successor
operations, on a monthly basis and any other operation designated and
identified by the Secretary of Defense for the purposes of section 127a
of title 10, United States Code, on a semi-annual basis in the Cost of
War Execution Report as prescribed in the Department of Defense
Financial Management Regulation Department of Defense Instruction
7000.14, Volume 12, Chapter 23 ``Contingency Operations'', Annex 1,
dated September 2005.
(including transfer of funds)
Sec. 8094. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8095. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances and
transfer to the Defense Acquisition Workforce Development Fund in
accordance with section 1705 of title 10, United States Code.
Sec. 8096. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8097. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, intentional
infliction of emotional distress, false imprisonment, or negligent
hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that mandates
that the employee or independent contractor resolve through
arbitration any claim under title VII of the Civil Rights Act of
1964 or any tort related to or arising out of sexual assault or
harassment, including assault and battery, intentional infliction
of emotional distress, false imprisonment, or negligent hiring,
supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8098. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$121,000,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8099. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for
the physical security of personnel or for force protection purposes up
to a limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
Sec. 8100. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used by the Department of
Defense or a component thereof in contravention of the provisions of
section 130h of title 10, United States Code (as added by section 1671
of the National Defense Authorization Act for Fiscal Year 2016).
Sec. 8101. The Secretary of Defense shall report quarterly the
numbers of civilian personnel end strength by appropriation account for
each and every appropriation account used to finance Federal civilian
personnel salaries to the congressional defense committees within 15
days after the end of each fiscal quarter.
(including transfer of funds)
Sec. 8102. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2016.
Sec. 8103. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United States
Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
Sec. 8104. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8105. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba, to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with sections
1033 and 1034 of the National Defense Authorization Act for Fiscal Year
2016.
Sec. 8106. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
(including transfer of funds)
Sec. 8107. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8108. None of the funds made available by this Act may be
used by the Department of Defense or any other Federal agency to lease
or purchase new light duty vehicles, for any executive fleet, or for
any agency's fleet inventory, except in accordance with Presidential
Memorandum-Federal Fleet Performance, dated May 24, 2011.
Sec. 8109. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary, in consultation with the Secretary of State and
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that, to
the best of the Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal military
equipment to, and the maintenance of existing lethal military
equipment for, the Government of the Syrian Arab Republic;
(2) The armed forces of the Russian Federation have withdrawn
from Crimea, other than armed forces present on military bases
subject to agreements in force between the Government of the
Russian Federation and the Government of Ukraine; and
(3) Agents of the Russian Federation have ceased taking active
measures to destabilize the control of the Government of Ukraine
over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with respect
to a waiver issued by the Secretary of Defense pursuant to subsection
(b), and not later than 90 days after the date on which such a waiver
is issued by the Secretary of Defense, the Inspector General shall
submit to the congressional defense committees a report containing the
results of the review conducted with respect to such waiver.
Sec. 8110. None of the funds made available in this Act may be
used for the purchase or manufacture of a flag of the United States
unless such flags are treated as covered items under section 2533a(b)
of title 10, United States Code.
Sec. 8111. (a) Of the funds appropriated in this Act for the
Department of Defense, amounts may be made available, under such
regulations as the Secretary of Defense may prescribe, to local
military commanders appointed by the Secretary, or by an officer or
employee designated by the Secretary, to provide at their discretion ex
gratia payments in amounts consistent with subsection (d) of this
section for damage, personal injury, or death that is incident to
combat operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided only
if--
(1) the prospective foreign civilian recipient is determined by
the local military commander to be friendly to the United States;
(2) a claim for damages would not be compensable under chapter
163 of title 10, United States Code (commonly known as the
``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a program
under subsection (a) shall not be considered an admission or
acknowledgement of any legal obligation to compensate for any damage,
personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense determines a
program under subsection (a) to be appropriate in a particular setting,
the amounts of payments, if any, to be provided to civilians determined
to have suffered harm incident to combat operations of the Armed Forces
under the program should be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which should
include such factors as cultural appropriateness and prevailing
economic conditions.
(e) Legal Advice.--Local military commanders shall receive legal
advice before making ex gratia payments under this subsection. The
legal advisor, under regulations of the Department of Defense, shall
advise on whether an ex gratia payment is proper under this section and
applicable Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia payment
offered or denied shall be kept by the local commander and on a timely
basis submitted to the appropriate office in the Department of Defense
as determined by the Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the efficacy of the
ex gratia payment program including the number of types of cases
considered, amounts offered, the response from ex gratia payment
recipients, and any recommended modifications to the program.
Sec. 8112. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
Sec. 8113. The Secretary of Defense shall post grant awards on a
public Web site in a searchable format.
Sec. 8114. None of the funds made available by this Act may be
used to realign forces at Lajes Air Force Base, Azores, Portugal, until
the Secretary of Defense certifies to the congressional defense
committees that the Secretary of Defense has determined, based on an
analysis of operational requirements, that Lajes Air Force Base is not
an optimal location for the Joint Intelligence Analysis Complex.
Sec. 8115. None of the funds made available by this Act may be
used to fund the performance of a flight demonstration team at a
location outside of the United States: Provided, That this prohibition
applies only if a performance of a flight demonstration team at a
location within the United States was canceled during the current
fiscal year due to insufficient funding.
Sec. 8116. None of the funds made available by this Act may be
used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of any
electronic communication of a United States person from a provider
of electronic communication services to the public pursuant to
section 501 of the Foreign Intelligence Surveillance Act of 1978.
(including transfer of funds)
Sec. 8117. In addition to amounts provided elsewhere in this Act
for basic allowance for housing for military personnel, including
active duty, reserve and National Guard personnel, $300,000,000 is
hereby appropriated to the Department of Defense and made available for
transfer only to military personnel accounts: Provided, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Sec. 8118. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 8119. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of any
agency funded by this Act who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8120. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of section 1054 of
the National Defense Authorization Act for Fiscal Year 2016, regarding
transfer of AH-64 Apache helicopters from the Army National Guard to
regular Army.
Sec. 8121. None of the funds made available in this Act may be
obligated for activities authorized under section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 112-81; 125 Stat. 1621) to initiate support for, or expand support
to, foreign forces, irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance with the
direction contained in the classified annex accompanying this Act, not
less than 15 days before initiating such support: Provided, That none
of the funds made available in this Act may be used under section 1208
for any activity that is not in support of an ongoing military
operation being conducted by United States Special Operations Forces to
combat terrorism: Provided further, That the Secretary of Defense may
waive the prohibitions in this section if the Secretary determines that
such waiver is required by extraordinary circumstances and, by not
later than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8122. None of the funds made available by this Act may be
used with respect to Iraq in contravention of the War Powers Resolution
(50 U.S.C. 1541 et seq.), including for the introduction of United
States armed forces into hostilities in Iraq, into situations in Iraq
where imminent involvement in hostilities is clearly indicated by the
circumstances, or into Iraqi territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such Resolution (50
U.S.C. 1542 and 1543).
Sec. 8123. None of the funds made available by this Act may be
used to divest, retire, transfer, or place in storage or on backup
aircraft inventory status, or prepare to divest, retire, transfer, or
place in storage or on backup aircraft inventory status, any A-10
aircraft, or to disestablish any units of the active or reserve
component associated with such aircraft.
Sec. 8124. Of the funds provided for ``Research, Development, Test
and Evaluation, Defense-Wide'' in this Act, not less than $2,800,000
shall be used to support the Department's activities related to the
implementation of the Digital Accountability and Transparency Act
(Public Law 113-101; 31 U.S.C. 6101 note) and to support the
implementation of a uniform procurement instrument identifier as
described in subpart 4.16 of Title 48, Code of Federal Regulations, to
include changes in business processes, workforce, or information
technology.
Sec. 8125. None of the funds provided in this Act for the T-AO(X)
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Auxiliary equipment (including
pumps) for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes: Provided, That the Secretary of the military
department responsible for such procurement may waive these
restrictions on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely and cost competitive
basis and that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8126. The amounts appropriated in title II of this Act are
hereby reduced by $389,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $138,000,000;
(2) From ``Operation and Maintenance, Air Force'',
$251,000,000.
(rescission)
Sec. 8127. Of the unobligated balances available to the Department
of Defense, the following funds are permanently rescinded from the
following accounts and programs in the specified amounts to reflect
excess cash balances in Department of Defense Working Capital Funds:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended:
From ``Defense Working Capital Fund, Defense, X'',
$1,037,000,000.
Sec. 8128. Notwithstanding any other provision of this Act, to
reflect savings due to lower than anticipated fuel costs, the total
amount appropriated in title II of this Act is hereby reduced by
$2,576,000,000.
Sec. 8129. None of the funds made available by this Act may be
used to divest or retire, or to prepare to divest or retire, KC-10
aircraft.
Sec. 8130. None of the funds made available by this Act may be
used to divest, retire, transfer, or place in storage or on backup
aircraft inventory status, or prepare to divest, retire, transfer, or
place in storage or on backup aircraft inventory status, any EC-130H
aircraft.
Sec. 8131. None of the funds made available by this Act may be
used for Government Travel Charge Card expenses by military or civilian
personnel of the Department of Defense for gaming, or for entertainment
that includes topless or nude entertainers or participants, as
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8132. None of the funds made available by this Act may be
used to propose, plan for, or execute a new or additional Base
Realignment and Closure (BRAC) round.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$1,846,356,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$251,011,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$171,079,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$726,126,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$24,462,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$12,693,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$3,393,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$18,710,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$166,015,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $2,828,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$14,994,833,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$7,169,611,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,372,534,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $11,128,813,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $5,665,633,000: Provided, That of the funds provided under
this heading, not to exceed $1,160,000,000, to remain available until
September 30, 2017, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and the Levant:
Provided further, That such reimbursement payments may be made in such
amounts as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on documentation
determined by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days following
notification to the appropriate congressional committees: Provided
further, That these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized equipment
and providing such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United States
military and stability operations in Afghanistan and to counter the
Islamic State of Iraq and the Levant, and 15 days following
notification to the appropriate congressional committees: Provided
further, That these funds may be used to support the Governments of
Jordan and Lebanon, in such amounts as the Secretary of Defense may
determine, to enhance the ability of the armed forces of Jordan to
increase or sustain security along its borders and the ability of the
armed forces of Lebanon to increase or sustain security along its
borders, upon 15 days prior written notification to the congressional
defense committees outlining the amounts intended to be provided and
the nature of the expenses incurred: Provided further, That of the
funds provided under this heading, up to $30,000,000 shall be for
Operation Observant Compass: Provided further, That the Secretary of
Defense shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $99,559,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $31,643,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $3,455,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $58,106,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $135,845,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $19,900,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Counterterrorism Partnerships Fund
(including transfer of funds)
For the ``Counterterrorism Partnerships Fund'', $1,100,000,000, to
remain available until September 30, 2017: Provided, That such funds
shall be available to provide support and assistance to foreign
security forces or other groups or individuals to conduct, support, or
facilitate counterterrorism and crisis response activities: Provided
further, That the Secretary of Defense shall transfer the funds
provided herein to other appropriations provided for in this Act to be
merged with and to be available for the same purposes and subject to
the same authorities and for the same time period as the appropriation
to which transferred: Provided further, That the transfer authority
under this heading is in addition to any other transfer authority
provided elsewhere in this Act: Provided further, That the funds
available under this heading are available for transfer only to the
extent that the Secretary of Defense submits a prior approval
reprogramming request to the congressional defense committees:
Provided further, That the Secretary of Defense shall comply with the
appropriate vetting standards and procedures established in division C
of the Consolidated and Further Continuing Appropriations Act of 2015
(Public Law 113-235) for any recipient of training, equipment, or other
assistance: Provided further, That the amount provided under this
heading is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $3,652,257,000, to
remain available until September 30, 2017: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, construction, and funding: Provided
further, That the Secretary of Defense may obligate and expend funds
made available to the Department of Defense in this title for
additional costs associated with existing projects previously funded
with amounts provided under the heading ``Afghanistan Infrastructure
Fund'' in prior Acts: Provided further, That such costs shall be
limited to contract changes resulting from inflation, market
fluctuation, rate adjustments, and other necessary contract actions to
complete existing projects, and associated supervision and
administration costs and costs for design during construction:
Provided further, That the Secretary may not use more than $50,000,000
under the authority provided in this section: Provided further, That
the Secretary shall notify in advance such contract changes and
adjustments in annual reports to the congressional defense committees:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation
of any contribution, delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the congressional
defense committees in writing of the details of any such obligation:
Provided further, That the Secretary of Defense shall notify the
congressional defense committees of any proposed new projects or
transfer of funds between budget sub-activity groups in excess of
$20,000,000: Provided further, That the United States may accept
equipment procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of Afghanistan
and returned by such forces to the United States: Provided further,
That equipment procured using funds provided under this heading in this
or prior Acts, and not yet transferred to the security forces of
Afghanistan or transferred to the security forces of Afghanistan and
returned by such forces to the United States, may be treated as stocks
of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That of the funds
provided under this heading, not less than $10,000,000 shall be for
recruitment and retention of women in the Afghanistan National Security
Forces, and the recruitment and training of female security personnel:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Iraq Train and Equip Fund
For the ``Iraq Train and Equip Fund'', $715,000,000, to remain
available until September 30, 2017: Provided, That such funds shall be
available to the Secretary of Defense, in coordination with the
Secretary of State, to provide assistance, including training;
equipment; logistics support, supplies, and services; stipends;
infrastructure repair, renovation, and sustainment, to military and
other security forces of or associated with the Government of Iraq,
including Kurdish and tribal security forces or other local security
forces, with a national security mission, to counter the Islamic State
of Iraq and the Levant: Provided further, That the Secretary of
Defense shall ensure that prior to providing assistance to elements of
any forces such elements are appropriately vetted, including at a
minimum, assessing such elements for associations with terrorist groups
or groups associated with the Government of Iran; and receiving
commitments from such elements to promote respect for human rights and
the rule of law: Provided further, That the Secretary of Defense may
accept and retain contributions, including assistance in-kind, from
foreign governments, including the Government of Iraq, and other
entities, to carry out assistance authorized under this heading:
Provided further, That contributions of funds for the purposes provided
herein from any foreign government or other entities, may be credited
to this Fund, to remain available until expended, and used for such
purposes: Provided further, That not more than 25 percent of the funds
appropriated under this heading may be obligated or expended until not
fewer than 15 days after: (1) the Secretary of Defense submits a report
to the appropriate congressional committees, describing the plan for
the provision of such training and assistance and the forces designated
to receive such assistance; and (2) the President submits a report to
the appropriate congressional committees on how assistance provided
under this heading supports a larger regional strategy: Provided
further, That of the amount provided under this heading, not more than
60 percent may be obligated or expended until not fewer than 15 days
after the date on which the Secretary of Defense certifies to the
appropriate congressional committees that an amount equal to not less
than 40 percent of the amount provided under this heading has been
contributed by other countries and entities for the purposes for which
funds are provided under this heading, of which at least 50 percent
shall have been contributed or provided by the Government of Iraq:
Provided further, That the limitation in the preceding proviso shall
not apply if the Secretary of Defense determines, in writing, that the
national security objectives of the United States will be compromised
by the application of the limitation to such assistance, and notifies
the appropriate congressional committees not less than 15 days in
advance of the exemption taking effect, including a justification for
the Secretary's determination and a description of the assistance to be
exempted from the application of such limitation: Provided further,
That the Secretary of Defense may waive a provision of law relating to
the acquisition of items and support services or sections 40 and 40A of
the Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines such provisions of law would prohibit, restrict, delay or
otherwise limit the provision of such assistance and a notice of and
justification for such waiver is submitted to the appropriate
congressional committees: Provided further, That the term
``appropriate congressional committees'' under this heading means the
``congressional defense committees'', the Committees on Appropriations
and Foreign Relations of the Senate and the Committees on
Appropriations and Foreign Affairs of the House of Representatives:
Provided further, That amounts made available under this heading are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$161,987,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$37,260,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $486,630,000, to remain available until
September 30, 2018: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$222,040,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,175,596,000, to remain available until September 30, 2018:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$210,990,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $117,966,000, to remain available until September 30,
2018: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$12,186,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$56,934,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$128,900,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$289,142,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $228,874,000, to remain available until September 30, 2018:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$3,477,001,000, to remain available until September 30, 2018:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$173,918,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $1,000,000,000, to remain
available for obligation until September 30, 2018: Provided, That the
Chiefs of National Guard and Reserve components shall, not later than
30 days after enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or modify
missiles, munitions, or ammunition: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $1,500,000, to remain available until September 30,
2017: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $35,747,000, to remain available until September
30, 2017: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $17,100,000, to remain available until
September 30, 2017: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $177,087,000, to remain available until
September 30, 2017: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$88,850,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$272,704,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $186,000,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$349,464,000, to remain available until September 30, 2018: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,262,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2016.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $4,500,000,000 between the appropriations or funds made available to
the Department of Defense in this title: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005 of this Act.
Sec. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project
funded with appropriations available for operation and maintenance or
the ``Afghanistan Security Forces Fund'' provided in this Act and
executed in direct support of overseas contingency operations in
Afghanistan, may be obligated at the time a construction contract is
awarded: Provided, That, for the purpose of this section, supervision
and administration costs and costs for design during construction
include all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the United States Central Command area of
responsibility: (1) passenger motor vehicles up to a limit of $75,000
per vehicle; and (2) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts appropriated by
this title under the heading ``Operation and Maintenance, Army'' may be
used, notwithstanding any other provision of law, to fund the
Commanders' Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent,
small-scale, humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project (including
any ancillary or related elements in connection with such project)
executed under this authority shall not exceed $2,000,000: Provided
further, That not later than 45 days after the end of each 6 months of
the fiscal year, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the source of funds
and the allocation and use of funds during that 6-month period that
were made available pursuant to the authority provided in this section
or under any other provision of law for the purposes described herein:
Provided further, That, not later than 30 days after the end of each
fiscal year quarter, the Army shall submit to the congressional defense
committees quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less than 15 days
before making funds available pursuant to the authority provided in
this section or under any other provision of law for the purposes
described herein for a project with a total anticipated cost for
completion of $500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing each of
the following:
(1) The location, nature and purpose of the proposed project,
including how the project is intended to advance the military
campaign plan for the country in which it is to be carried out.
(2) The budget, implementation timeline with milestones, and
completion date for the proposed project, including any other CERP
funding that has been or is anticipated to be contributed to the
completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or a
third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to
coalition forces supporting military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and the Levant:
Provided, That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees regarding support provided
under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Iraq.
(2) To exercise United States control over any oil resource of
Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code of
Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-
148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the Department of Defense must certify to the
congressional defense committees that the AROC has convened and
approved a process for ensuring compliance with the requirements in the
preceding proviso and accompanying report language for the ASFF.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item unit cost
of not more than $500,000.
Sec. 9011. From funds made available to the Department of Defense
in this title under the heading ``Operation and Maintenance, Air
Force'', up to $80,000,000 may be used by the Secretary of Defense,
notwithstanding any other provision of law, to support United States
Government transition activities in Iraq by funding the operations and
activities of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and personal
security, and facilities renovation and construction, and site closeout
activities prior to returning sites to the Government of Iraq:
Provided, That to the extent authorized under the National Defense
Authorization Act for Fiscal Year 2016, the operations and activities
that may be carried out by the Office of Security Cooperation in Iraq
may, with the concurrence of the Secretary of State, include non-
operational training activities in support of Iraqi Minister of Defense
and Counter Terrorism Service personnel in an institutional environment
to address capability gaps, integrate processes relating to
intelligence, air sovereignty, combined arms, logistics and
maintenance, and to manage and integrate defense-related institutions:
Provided further, That not later than 30 days following the enactment
of this Act, the Secretary of Defense and the Secretary of State shall
submit to the congressional defense committees a plan for transitioning
any such training activities that they determine are needed after the
end of fiscal year 2016, to existing or new contracts for the sale of
defense articles or defense services consistent with the provisions of
the Arms Export Control Act (22 U.S.C. 2751 et seq.): Provided
further, That, not less than 15 days before making funds available
pursuant to the authority provided in this section, the Secretary of
Defense shall submit to the congressional defense committees a written
notice containing a detailed justification and timeline for the
operations and activities of the Office of Security Cooperation in Iraq
at each site where such operations and activities will be conducted
during fiscal year 2016 : Provided further, That amounts made available
by this section are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 9012. Up to $600,000,000 of funds appropriated by this Act
for the Counterterrorism Partnerships Fund may be used to provide
assistance to the Government of Jordan to support the armed forces of
Jordan and to enhance security along its borders.
Sec. 9013. None of the funds made available by this Act under the
heading ``Iraq Train and Equip Fund'' may be used to procure or
transfer man-portable air defense systems.
Sec. 9014. For the ``Ukraine Security Assistance Initiative'',
$250,000,000 is hereby appropriated, to remain available until
September 30, 2016: Provided, That such funds shall be available to
the Secretary of Defense, in coordination with the Secretary of State,
to provide assistance, including training; equipment; lethal weapons of
a defensive nature; logistics support, supplies and services;
sustainment; and intelligence support to the military and national
security forces of Ukraine, and for replacement of any weapons or
defensive articles provided to the Government of Ukraine from the
inventory of the United States: Provided further, That the Secretary
of Defense shall, not less than 15 days prior to obligating funds
provided under this heading, notify the congressional defense
committees in writing of the details of any such obligation: Provided
further, That the United States may accept equipment procured using
funds provided under this heading in this or prior Acts that was
transferred to the security forces of Ukraine and returned by such
forces to the United States: Provided further, That equipment procured
using funds provided under this heading in this or prior Acts, and not
yet transferred to the military or National Security Forces of Ukraine
or returned by such forces to the United States, may be treated as
stocks of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That amounts made
available by this section are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 9015. Funds appropriated in this title shall be available for
replacement of funds for items provided to the Government of Ukraine
from the inventory of the United States to the extent specifically
provided for in section 9014 of this Act.
Sec. 9016. None of the funds made available by this Act under
section 9014 for ``Assistance and Sustainment to the Military and
National Security Forces of Ukraine'' may be used to procure or
transfer man-portable air defense systems.
Sec. 9017. (a) None of the funds appropriated or otherwise made
available by this Act under the heading ``Operation and Maintenance,
Defense-Wide'' for payments under section 1233 of Public Law 110-181
for reimbursement to the Government of Pakistan may be made available
unless the Secretary of Defense, in coordination with the Secretary of
State, certifies to the congressional defense committees that the
Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic
and foreign terrorist organizations, including taking steps to end
support for such groups and prevent them from basing and operating
in Pakistan and carrying out cross border attacks into neighboring
countries;
(2) not supporting terrorist activities against United States
or coalition forces in Afghanistan, and Pakistan's military and
intelligence agencies are not intervening extra-judicially into
political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks and
interdicting precursor chemicals used in the manufacture of IEDs;
(4) preventing the proliferation of nuclear-related material
and expertise;
(5) implementing policies to protect judicial independence and
due process of law;
(6) issuing visas in a timely manner for United States visitors
engaged in counterterrorism efforts and assistance programs in
Pakistan; and
(7) providing humanitarian organizations access to detainees,
internally displaced persons, and other Pakistani civilians
affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary of
State, may waive the restriction in subsection (a) on a case-by-case
basis by certifying in writing to the congressional defense committees
that it is in the national security interest to do so: Provided, That
if the Secretary of Defense, in coordination with the Secretary of
State, exercises such waiver authority, the Secretaries shall report to
the congressional defense committees on both the justification for the
waiver and on the requirements of this section that the Government of
Pakistan was not able to meet: Provided further, That such report may
be submitted in classified form if necessary.
(including transfer of funds)
Sec. 9018. In addition to amounts otherwise made available in this
Act, $500,000,000 is hereby appropriated to the Department of Defense
and made available for transfer only to the operation and maintenance,
military personnel, and procurement accounts, to improve the
intelligence, surveillance, and reconnaissance capabilities of the
Department of Defense: Provided, That the transfer authority provided
in this section is in addition to any other transfer authority provided
elsewhere in this Act: Provided further, That not later than 30 days
prior to exercising the transfer authority provided in this section,
the Secretary of Defense shall submit a report to the congressional
defense committees on the proposed uses of these funds: Provided
further, That the funds provided in this section may not be transferred
to any program, project, or activity specifically limited or denied by
this Act: Provided further, That amounts made available by this
section are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the authority to provide funding under this
section shall terminate on September 30, 2016.
Sec. 9019. None of the funds made available by this Act may be
used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction of
United States armed or military forces into hostilities in Syria, into
situations in Syria where imminent involvement in hostilities is
clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and
4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9020. None of the funds in this Act may be made available for
the transfer of additional C-130 cargo aircraft to the Afghanistan
National Security Forces or the Afghanistan Air Force until the
Department of Defense provides a report to the congressional defense
committees of the Afghanistan Air Force's medium airlift requirements.
The report should identify Afghanistan's ability to utilize and
maintain existing medium lift aircraft in the inventory and the best
alternative platform, if necessary, to provide additional support to
the Afghanistan Air Force's current medium airlift capacity.
(rescission)
Sec. 9021. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended:
``Afghanistan Security Forces Fund'', 2015/2016, $400,000,000.
This division may be cited as the ``Department of Defense
Appropriations Act, 2016''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $121,000,000, to
remain available until expended: Provided, That the Secretary may
initiate up to, but not more than, 10 new study starts during fiscal
year 2016: Provided further, That the new study starts will consist of
seven studies where the majority of the benefits are derived from
navigation transportation savings or from flood and storm damage
reduction and three studies where the majority of benefits are derived
from environmental restoration: Provided further, That the Secretary
shall not deviate from the new starts proposed in the work plan, once
the plan has been submitted to the Committees on Appropriations of the
House of Representatives and the Senate.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,862,250,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically provided for in
law: Provided, That the Secretary may initiate up to, but not more
than, six new construction starts during fiscal year 2016: Provided
further, That the new construction starts will consist of five projects
where the majority of the benefits are derived from navigation
transportation savings or from flood and storm damage reduction and one
project where the majority of the benefits are derived from
environmental restoration: Provided further, That for new construction
projects, project cost sharing agreements shall be executed as soon as
practicable but no later than August 31, 2016: Provided further, That
no allocation for a new start shall be considered final and no work
allowance shall be made until the Secretary provides to the Committees
on Appropriations of the House of Representatives and the Senate an
out-year funding scenario demonstrating the affordability of the
selected new starts and the impacts on other projects: Provided
further, That the Secretary may not deviate from the new starts
proposed in the work plan, once the plan has been submitted to the
Committees on Appropriations of the House of Representatives and the
Senate.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $345,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for
inland harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $3,137,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 shall be derived from that account
for resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become available
from fees collected under section 217 of Public Law 104-303 shall be
used to cover the cost of operation and maintenance of the dredged
material disposal facilities for which such fees have been collected:
Provided, That 1 percent of the total amount of funds provided for each
of the programs, projects, or activities funded under this heading
shall not be allocated to a field operating activity prior to the
beginning of the fourth quarter of the fiscal year and shall be
available for use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used for
emergency activities proportionally in accordance with the amounts
provided for the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $200,000,000, to remain
available until September 30, 2017.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $112,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$28,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $179,000,000, to remain available until September 30, 2017, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this
title shall be available to fund the civil works activities of the
Office of the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided further,
That any Flood Control and Coastal Emergencies appropriation may be
used to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $4,750,000, to remain
available until September 30, 2017: Provided, That not more than 50
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress a work plan that allocates at least 95 percent of the
additional funding provided under each heading in this title (as
designated under such heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act)) to specific programs, projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2016, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or activity;
(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 this
Act, unless prior approval is received from the House and Senate
Committees on Appropriations;
(4) proposes to use funds directed for a specific activity for
a different purpose, unless prior approval is received from the
House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the House and
Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided, That
for a base level less than $100,000, the reprogramming limit is
$25,000: Provided further, That up to $25,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming limit
is $300,000: Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed conditions, or
real estate deficiency judgments: Provided further, That up to
$300,000 may be reprogrammed into any continuing study or activity
that did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall notify
the House and Senate Committees on Appropriations of these
emergency actions as soon thereafter as practicable: Provided
further, That for a base level over $1,000,000, reprogramming of 15
percent of the base amount up to a limit of $5,000,000 per project,
study, or activity is allowed: Provided further, That for a base
level less than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees
on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the House and Senate Committees
on Appropriations to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year
which shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both by
object class and program, project and activity as detailed in the
budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act and the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), including the determination and
designation of new starts.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 105. None of the funds made available in this or any other
Act making appropriations for Energy and Water Development for any
fiscal year may be used by the Corps of Engineers during the fiscal
year ending September 30, 2016, to develop, adopt, implement,
administer, or enforce any change to the regulations in effect on
October 1, 2012, pertaining to the definitions of the terms ``fill
material'' or ``discharge of fill material'' for the purposes of the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
Sec. 106. None of the funds in this Act shall be used for an open
lake placement alternative of dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to 33 U.S.C. 1341.
Sec. 107. (a) Not later than 180 days after the date of enactment
of this Act, the Secretary shall execute a transfer agreement with the
South Florida Water Management District for the project identified as
the ``Ten Mile Creek Water Preserve Area Critical Restoration
Project'', carried out under section 528(b)(3) of the Water Resources
Development Act of 1996 (110 Stat. 3768).
(b) The transfer agreement under subsection (a) shall require the
South Florida Water Management District to operate the transferred
project as an environmental restoration project to provide water
storage and water treatment options.
(c) Upon execution of the transfer agreement under subsection (a),
the Ten Mile Creek Water Preserve Area Critical Restoration Project
shall no longer be authorized as a Federal project.
Sec. 108. None of the funds made available in this title may be
used for any acquisition that is not consistent with 48 CFR 225.7007.
Sec. 109. None of the funds made available by this Act may be used
to continue the study conducted by the Army Corps of Engineers pursuant
to section 5018(a)(1) of the Water Resources Development Act of 2007
(Public Law 110-114).
Sec. 110. None of the funds made available by this Act may be used
to require a permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) for
the activities identified in subparagraphs (A) and (C) of section
404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $10,000,000, to remain available until expended, of
which $1,000,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission: Provided, That of the amount
provided under this heading, $1,350,000 shall be available until
September 30, 2017, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided further,
That for fiscal year 2016, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $1,118,972,000, to remain available until expended, of
which $22,000 shall be available for transfer to the Upper Colorado
River Basin Fund and $5,899,000 shall be available for transfer to the
Lower Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam Fund:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That of
the total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 6806 shall be derived from that
Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which the
funds were contributed: Provided further, That funds advanced under 43
U.S.C. 397a shall be credited to this account and are available until
expended for the same purposes as the sums appropriated under this
heading: Provided further, That of the amounts provided herein, funds
may be used for high-priority projects which shall be carried out by
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $49,528,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
102-575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $37,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2017, $59,500,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous appropriations
Acts to the agencies or entities funded in title II of this Act for
Water and Related Resources that remain available for obligation or
expenditure in fiscal year 2016, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by this Act, unless
prior approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of
the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $300,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior approval
is received from the Committees on Appropriations of the House of
Representatives and the Senate; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor
earnings due to accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received from the
Committees on Appropriations of the House of Representatives and
the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term transfer means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds reprogrammed
between programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60 days after
the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. The Reclamation Safety of Dams Act of 1978 is amended
by--
(1) striking ``Construction'' and inserting ``Except as
provided in section 5B, construction'' in section 3; and
(2) inserting after section 5A (43 U.S.C. 509a) the following:
``Sec. 5B. Notwithstanding section 3, if the Secretary, in her
judgment, determines that additional project benefits, including but
not limited to additional conservation storage capacity, are necessary
and in the interests of the United States and the project and are
feasible and not inconsistent with the purposes of this Act, the
Secretary is authorized to develop additional project benefits through
the construction of new or supplementary works on a project in
conjunction with the Secretary's activities under section 2 of this Act
and subject to the conditions described in the feasibility study,
provided a cost share agreement related to the additional project
benefits is reached among non-Federal and Federal funding participants
and the costs associated with developing the additional project
benefits are allocated exclusively among beneficiaries of the
additional project benefits and repaid consistent with all provisions
of Federal Reclamation law (the Act of June 17, 1902, 43 U.S.C. 371 et
seq.) and acts supplemental to and amendatory of that Act.''.
Sec. 204. Section 5 of the Reclamation Safety of Dams Act of 1978
(43 U.S.C. 509) is amended in the first sentence--
(a) by inserting ``and effective October 1, 2015, not to exceed an
additional $1,100,000,000 (October 1, 2003, price levels),'' after
``(October 1, 2003, price levels),'';
(b) in the proviso--
(1) by striking ``$1,250,000'' and inserting ``$20,000,000'';
and
(2) by striking ``Congress'' and inserting ``Committee on
Natural Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate''; and
(3) by adding at the end the following: ``For modification
expenditures between $1,800,000 and $20,000,000 (October 1, 2015,
price levels), the Secretary of the Interior shall, at least 30
days before the date on which the funds are expended, submit
written notice of the expenditures to the Committee on Natural
Resources of the House of Representatives and Committee on Energy
and Natural Resources of the Senate that provides a summary of the
project, the cost of the project, and any alternatives that were
considered.''.
Sec. 205. The Secretary of the Interior, acting through the
Commissioner of Reclamation, shall--
(1) complete the feasibility studies described in clauses
(i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108-361
(118 Stat. 1684) and submit such studies to the appropriate
committees of the House of Representatives and the Senate not later
than December 31, 2015;
(2) complete the feasibility studies described in clauses
(i)(II) and (ii)(I) of section 103(d)(1)(A) of Public Law 108-361
and submit such studies to the appropriate committees of the House
of Representatives and the Senate not later than November 30, 2016;
(3) complete the feasibility study described in section
103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and submit such
study to the appropriate committees of the House of Representatives
and the Senate not later than December 31, 2017; and
(4) provide a progress report on the status of the feasibility
studies referred to in paragraphs (1) through (3) to the
appropriate committees of the House of Representatives and the
Senate not later than 90 days after the date of the enactment of
this Act and each 180 days thereafter until December 31, 2017, as
applicable. The report shall include timelines for study
completion, draft environmental impact statements, final
environmental impact statements, and Records of Decision.
Sec. 206. Section 9504(e) of the Secure Water Act of 2009 (42
U.S.C. 10364(e)) is amended by striking ``$300,000,000'' and inserting
``$350,000,000''.
Sec. 207. Title I of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 210 of
Public Law 111-85, is amended by striking ``2016'' each place it
appears and inserting ``2017''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,073,000,000, to
remain available until expended: Provided, That of such amount,
$155,000,000 shall be available until September 30, 2017, for program
direction: Provided further, That of the amount provided under this
heading, the Secretary may transfer up to $45,000,000 to the Defense
Production Act Fund for activities of the Department of Energy pursuant
to the Defense Production Act of 1950 (50 U.S.C. App. 2061, et seq.).
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $206,000,000, to
remain available until expended: Provided, That of such amount,
$28,000,000 shall be available until September 30, 2017, for program
direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $986,161,000, to remain available until
expended: Provided, That of such amount, $80,000,000 shall be
available until September 30, 2017, for program direction including
official reception and representation expenses not to exceed $10,000.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant
or facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $632,000,000, to remain available until expended: Provided,
That of such amount $114,202,000 shall be available until September 30,
2017, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $17,500,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $212,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $7,600,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $122,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $255,000,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$673,749,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$32,959,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 17 passenger motor vehicles
for replacement only, including one ambulance and one bus,
$5,350,200,000, to remain available until expended: Provided, That of
such amount, $185,000,000 shall be available until September 30, 2017,
for program direction: Provided further, That of such amount, not more
than $115,000,000 shall be made available for the in-kind contributions
and related support activities of ITER: Provided further, That not
later than May 2, 2016, the Secretary of Energy shall submit to the
Committees on Appropriations of both Houses of Congress a report
recommending either that the United States remain a partner in the ITER
project after October 2017 or terminate participation, which shall
include, as applicable, an estimate of either the full cost, by fiscal
year, of all future Federal funding requirements for construction,
operation, and maintenance of ITER or the cost of termination.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $291,000,000, to remain available until expended:
Provided, That of such amount, $29,250,000 shall be available until
September 30, 2017, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses to carry out this Loan Guarantee
program, $42,000,000 is appropriated, to remain available until
September 30, 2017: Provided further, That $25,000,000 of the fees
collected pursuant to section 1702(h) of the Energy Policy Act of 2005
shall be credited as offsetting collections to this account to cover
administrative expenses and shall remain available until expended, so
as to result in a final fiscal year 2016 appropriation from the general
fund estimated at not more than $17,000,000: Provided further, That
fees collected under section 1702(h) in excess of the amount
appropriated for administrative expenses shall not be available until
appropriated: Provided further, That the Department of Energy shall
not subordinate any loan obligation to other financing in violation of
section 1702 of the Energy Policy Act of 2005 or subordinate any
Guaranteed Obligation to any loan or other debt obligations in
violation of section 609.10 of title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $6,000,000, to remain available until September 30, 2017.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$248,142,000, to remain available until September 30, 2017, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $117,171,000 in fiscal year
2016 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2016 appropriation from the general fund estimated at not more than
$130,971,000: Provided further, That of the total amount made
available under this heading, $31,297,000 is for Energy Policy and
Systems Analysis.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$46,424,000, to remain available until September 30, 2017.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $8,846,948,000, to
remain available until expended: Provided, That of such amount,
$97,118,000 shall be available until September 30, 2017, for program
direction: Provided further, That funding made available under this
heading may be made available for project engineering and design for
the Albuquerque Complex Project.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,940,302,000, to
remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,375,496,000,
to remain available until expended: Provided, That of such amount,
$42,504,000 shall be available until September 30, 2017, for program
direction.
Federal Salaries and Expenses
(including rescission of funds)
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $383,666,000, to remain
available until September 30, 2017, including official reception and
representation expenses not to exceed $12,000: Provided, That of the
unobligated balances from prior year appropriations available under
this heading, $19,900,000 is hereby rescinded: Provided further, That
no amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one fire apparatus pumper truck and one armored vehicle
for replacement only, $5,289,742,000, to remain available until
expended: Provided, That of such amount $281,951,000 shall be
available until September 30, 2017, for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $776,425,000, to remain available until expended: Provided,
That of such amount, $249,137,000 shall be available until September
30, 2017, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery, the Snake
River Sockeye Weirs and, in addition, for official reception and
representation expenses in an amount not to exceed $5,000: Provided,
That during fiscal year 2016, no new direct loan obligations may be
made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,900,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $6,900,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2016 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$66,500,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $47,361,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $35,961,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2016 appropriation
estimated at not more than $11,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $63,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $307,714,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $302,000,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $214,342,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2016 appropriation
estimated at not more than $93,372,000, of which $87,658,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $352,813,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $4,490,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $4,262,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2016 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2016, the
Administrator of the Western Area Power Administration may accept up to
$460,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $319,800,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $319,800,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2016 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2016 so as to result in a
final fiscal year 2016 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer and rescissions of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction
Agreement totaling $1,000,000 or more, including a contract covered
by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award, or
Agreement in excess of the limits in subparagraph (A) or (B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A) or
(B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded for
the full period of performance as anticipated at the time of award;
or
(2) the contract, grant, or cooperative agreement includes a
clause conditioning the Federal Government's obligation on the
availability of future year budget authority and the Secretary
notifies the Committees on Appropriations of both Houses of
Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the ``Final
Bill'' column in the ``Department of Energy'' table included under the
heading ``Title III--Department of Energy'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify
the Committees on Appropriations of both Houses of Congress at least 30
days prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or decrease
by more than $5,000,000 or 10 percent, whichever is less, during the
time period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
Sec. 302. The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 303. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2016 until the enactment of the Intelligence
Authorization Act for fiscal year 2016.
Sec. 304. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Independent Enterprise Assessments to
ensure the project is in compliance with nuclear safety requirements.
Sec. 305. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 306. Notwithstanding section 301(c) of this Act, none of the
funds made available under the heading ``Department of Energy--Energy
Programs--Science'' in this or any subsequent Energy and Water
Development and Related Agencies appropriations Act for any fiscal year
may be used for a multiyear contract, grant, cooperative agreement, or
Other Transaction Agreement of $1,000,000 or less unless the contract,
grant, cooperative agreement, or Other Transaction Agreement is funded
for the full period of performance as anticipated at the time of award.
Sec. 307. (a) None of the funds made available in this or any prior
Act under the heading ``Defense Nuclear Nonproliferation'' may be made
available to enter into new contracts with, or new agreements for
Federal assistance to, the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in subsection
(a) if the Secretary determines that such activity is in the national
security interests of the United States. This waiver authority may not
be delegated.
(c) A waiver under subsection (b) shall not be effective until 15
days after the date on which the Secretary submits to the Committees on
Appropriations of both Houses of Congress, in classified form if
necessary, a report on the justification for the waiver.
Sec. 308. (a) New Regional Reserves.--The Secretary of Energy may
not establish any new regional petroleum product reserve unless funding
for the proposed regional petroleum product reserve is explicitly
requested in advance in an annual budget submission and approved by the
Congress in an appropriations Act.
(b) The budget request or notification shall include--
(1) the justification for the new reserve;
(2) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(3) a detailed plan for operation of the reserve, including the
conditions upon which the products may be released;
(4) the location of the reserve; and
(5) the estimate of the total inventory of the reserve.
Sec. 309. Of the amounts made available by this Act for ``National
Nuclear Security Administration--Weapons Activities'', up to
$50,000,000 may be reprogrammed within such account for Domestic
Uranium Enrichment, subject to the notice requirement in section
301(e).
Sec. 310. (a) Unobligated balances available from appropriations
are hereby rescinded from the following accounts of the Department of
Energy in the specified amounts:
(1) ``Energy Programs--Energy Efficiency and Renewable Energy'',
$1,355,149.00 from Public Law 110-161; $627,299.24 from Public Law 111-
8; and $1,824,051.94 from Public Law 111-85.
(2) ``Energy Programs--Science'', $3,200,000.00.
(b) No amounts may be rescinded by this section from amounts that
were designated by the Congress as an emergency requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 311. Notwithstanding any other provision of law, the
provisions of 40 U.S.C. 11319 shall not apply to funds appropriated in
this title to Federally Funded Research and Development Centers
sponsored by the Department of Energy.
Sec. 312. None of the funds made available in this Act may be
used--
(1) to implement or enforce section 430.32(x) of title 10, Code
of Federal Regulations; or
(2) to implement or enforce the standards established by the
tables contained in section 325(i)(1)(B) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect to BPAR
incandescent reflector lamps, BR incandescent reflector lamps, and
ER incandescent reflector lamps.
Sec. 313. (a) Of the funds appropriated in prior Acts under the
headings ``Fossil Energy Research and Development'' and ``Clean Coal
Technology'' for prior solicitations under the Clean Coal Power
Initiative and FutureGen, not less than $160,000,000 from projects
selected under such solicitations that have not reached financial close
and have not secured funding sufficient to construct the project prior
to 30 days after the date of enactment of this Act shall be
deobligated, if necessary, shall be utilized for previously selected
demonstration projects under such solicitations that have reached
financial close or have otherwise secured funding sufficient to
construct the project prior to 30 days after the date of enactment of
this Act, and shall be allocated among such projects in proportion to
the total financial contribution by the recipients to those projects
stipulated in their respective cooperative agreements.
(b) Funds utilized pursuant to subsection (a) shall be administered
in accordance with the provisions in the Act in which the funds for
those demonstration projects were originally appropriated, except that
financial assistance for costs in excess of those estimated as of the
date of award of the original financial assistance may be provided in
excess of the proportion of costs borne by the Government in the
original agreement and shall not be limited to 25 percent of the
original financial assistance.
(c) No amounts may be repurposed pursuant to this section from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
(d) This section shall be fully implemented not later than 60 days
after the date of enactment of this Act.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C.
14704, and for expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment of the
Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $146,000,000, to remain available until
expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $29,150,000, to
remain available until September 30, 2017.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382C(b)(2), 382F(d), 382M, and
382N of said Act, $25,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $11,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $7,500,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $990,000,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $7,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2017,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the
Commission: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$872,864,000 in fiscal year 2016 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2016 so as to result in
a final fiscal year 2016 appropriation estimated at not more than
$117,136,000: Provided further, That of the amounts appropriated under
this heading, $10,000,000 shall be for university research and
development in areas relevant to their respective organization's
mission, and $5,000,000 shall be for a Nuclear Science and Engineering
Grant Program that will support multiyear projects that do not align
with programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$12,136,000, to remain available until September 30, 2017: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,060,000 in fiscal year 2016
shall be retained and be available until September 30, 2017, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2016 so as to result in a final fiscal year
2016 appropriation estimated at not more than $2,076,000: Provided
further, That of the amounts appropriated under this heading, $958,000
shall be for Inspector General services for the Defense Nuclear
Facilities Safety Board, which shall not be available from fee
revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $3,600,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2017.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in (a) if compliance with such requirement would pose a
substantial risk to human health, the environment, welfare, or national
security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
Sec. 403. Public Law 105-277, division A, section 101(g) (title
III, section 329(a), (b)) is amended by inserting, in subsection (b),
after ``State law'' and before the period the following: ``or for the
construction and repair of barge mooring points and barge landing sites
to facilitate pumping fuel from fuel transport barges into bulk fuel
storage tanks.''.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2016''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2016
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business; executive direction program activities;
international affairs and economic policy activities; domestic finance
and tax policy activities, including technical assistance to Puerto
Rico; and Treasury-wide management policies and programs activities,
$222,500,000: Provided, That of the amount appropriated under this
heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of a
confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted for
solely on the Secretary's certificate; and
(3) not to exceed $22,200,000 shall remain available until
September 30, 2017, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund; and
(D) the development and implementation of programs within
the Office of Critical Infrastructure Protection and Compliance
Policy, including entering into cooperative agreements.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, money launderers, drug kingpins, and other
national security threats, $117,000,000: Provided, That of the amount
appropriated under this heading: (1) not to exceed $27,100,000 is
available for administrative expenses; and (2) $5,000,000, to remain
available until September 30, 2017.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $5,000,000, to
remain available until September 30, 2018: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to support or supplement ``Internal Revenue
Service, Operations Support'' or ``Internal Revenue Service, Business
Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$35,416,000, including hire of passenger motor vehicles; of which not
to exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2017, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of
which not to exceed $1,000 shall be available for official reception
and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; $167,275,000, of which $5,000,000 shall remain
available until September 30, 2017; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not to exceed
$500,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $40,671,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $10,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$112,979,000, of which not to exceed $34,335,000 shall remain available
until September 30, 2018.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$700,000,000 are rescinded.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $363,850,000; of which not to exceed $4,210,000, to remain
available until September 30, 2018, is for information systems
modernization initiatives; of which $5,000 shall be available for
official reception and representation expenses; and of which not to
exceed $19,800,000, to remain available until September 30, 2018, is to
support the Department's activities related to implementation of the
Digital Accountability and Transparency Act (DATA Act; Public Law 113-
101), including changes in business processes, workforce, or
information technology to support high quality, transparent Federal
spending information.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$106,439,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2016 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $20,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvements Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-3, $233,523,000. Of the amount
appropriated under this heading--
(1) not less than $153,423,000, notwithstanding section 108(e)
of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to Small and/
or Emerging Community Development Financial Institutions Assistance
awards, is available until September 30, 2017, for financial
assistance and technical assistance under subparagraphs (A) and (B)
of section 108(a)(1), respectively, of Public Law 103-325 (12
U.S.C. 4707(a)(1)(A) and (B)), of which up to $3,102,500 may be
used for the cost of direct loans: Provided, That the cost of
direct and guaranteed loans, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal amount
of direct loans not to exceed $25,000,000;
(2) not less than $15,500,000, notwithstanding section 108(e)
of Public Law 103-325 (12 U.S.C. 4707(e)), is available until
September 30, 2017, for financial assistance, technical assistance,
training and outreach programs designed to benefit Native American,
Native Hawaiian, and Alaskan Native communities and provided
primarily through qualified community development lender
organizations with experience and expertise in community
development banking and lending in Indian country, Native American
organizations, tribes and tribal organizations, and other suitable
providers;
(3) not less than $19,000,000 is available until September 30,
2017, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections (d)
and (e) of section 108 of Public Law 103-325 (12 U.S.C. 4707(d) and
(e)), is available until September 30, 2017, for a Healthy Food
Financing Initiative to provide financial assistance, technical
assistance, training, and outreach to community development
financial institutions for the purpose of offering affordable
financing and technical assistance to expand the availability of
healthy food options in distressed communities;
(5) up to $23,600,000 is available until September 30, 2016,
for administrative expenses, including administration of CDFI fund
programs and the New Markets Tax Credit Program, of which not less
than $1,000,000 is for capacity building to expand CDFI investments
in underserved rural areas, and up to $300,000 is for
administrative expenses to carry out the direct loan program; and
(6) during fiscal year 2016, none of the funds available under
this heading are available for the cost, as defined in section 502
of the Congressional Budget Act of 1974, of commitments to
guarantee bonds and notes under section 114A of the Riegle
Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4713a): Provided, That commitments to guarantee bonds and
notes under such section 114A shall not exceed $750,000,000:
Provided further, That such section 114A shall remain in effect
until September 30, 2016.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,156,554,000, of which not less than
$6,500,000 shall be for the Tax Counseling for the Elderly Program, of
which not less than $12,000,000 shall be available for low-income
taxpayer clinic grants, and of which not less than $15,000,000, to
remain available until September 30, 2017, shall be available for a
Community Volunteer Income Tax Assistance matching grants program for
tax return preparation assistance, of which not less than $206,000,000
shall be available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for the Taxpayer
Advocate Service, not less than $5,000,000 shall be for identity theft
casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,860,000,000, of which not to exceed
$50,000,000 shall remain available until September 30, 2017, and of
which not less than $60,257,000 shall be for the Interagency Crime and
Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics
of income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,638,446,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2017; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2018, for research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided, That not
later than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate and the Comptroller General
of the United States detailing the cost and schedule performance for
its major information technology investments, including the purpose and
life-cycle stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and strategies the
Internal Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to be
incurred in the next quarter: Provided further, That the Internal
Revenue Service shall include, in its budget justification for fiscal
year 2017, a summary of cost and schedule performance information for
its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $290,000,000, to remain available until
September 30, 2018, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 30 days after the end of
each quarter, the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General of the United States detailing the
cost and schedule performance for CADE 2 and Modernized e-File
information technology investments, including the purposes and life-
cycle stages of the investments; the reasons for any cost and schedule
variances; the risks of such investments and the strategies the
Internal Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to be
incurred in the next quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. None of the funds made available to the Internal Revenue
Service by this Act may be used to make a video unless the Service-Wide
Video Editorial Board determines in advance that making the video is
appropriate, taking into account the cost, topic, tone, and purpose of
the video.
Sec. 106. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 107. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 108. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory
scrutiny based on their ideological beliefs.
Sec. 109. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the
Treasury Inspector General for Tax Administration entitled ``Review of
the August 2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 110. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award, or
recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee,
unless such program or process takes into account the conduct and
Federal tax compliance of such employee or former employee.
Sec. 111. 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. 112. Except to the extent provided in section 6014, 6020, or
6201(d) of the Internal Revenue Code of 1986, no funds in this or any
other Act shall be available to the Secretary of the Treasury to
provide to any person a proposed final return or statement for use by
such person to satisfy a filing or reporting requirement under such
Code.
Sec. 113. In addition to the amounts otherwise made available in
this Act for the Internal Revenue Service, $290,000,000, to be
available until September 30, 2017, shall be transferred by the
Commissioner to the ``Taxpayer Services'', ``Enforcement'', or
``Operations Support'' accounts of the Internal Revenue Service for an
additional amount to be used solely for measurable improvements in the
customer service representative level of service rate, to improve the
identification and prevention of refund fraud and identity theft, and
to enhance cybersecurity to safeguard taxpayer data: Provided, That
such funds shall supplement, not supplant any other amounts made
available by the Internal Revenue Service for such purpose: Provided
further, That such funds shall not be available until the Commissioner
submits to the Committees on Appropriations of the House of
Representatives and the Senate a spending plan for such funds:
Provided further, That such funds shall not be used to support any
provision of Public Law 111-148, Public Law 111-152, or any amendment
made by either such Public Law.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 114. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 115. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'', ``Special
Inspector General for the Troubled Asset Relief Program'', ``Financial
Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and
``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between
such appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That, upon advance approval of such Committees, not to exceed
2 percent of any such appropriations may be transferred to the ``Office
of Terrorism and Financial Intelligence'': Provided further, That no
transfer under this section may increase or decrease any such
appropriation by more than 2 percent.
Sec. 116. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 117. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 118. The Secretary of the Treasury may transfer funds from
the ``Bureau of the Fiscal Service-Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 120. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 121. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2016 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2016.
Sec. 122. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 123. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the Senate and
the House of Representatives not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 124. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives and the
Senate Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by object
class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within each
office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 125. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided
by the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing
in the Franchise Fund.
Sec. 126. The Secretary of the Treasury, in consultation with the
appropriate agencies, departments, bureaus, and commissions that have
expertise in terrorism and complex financial instruments, shall provide
a report to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Financial Services of the
House of Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate not later than 90 days after the date of
enactment of this Act on economic warfare and financial terrorism.
Sec. 127. During fiscal year 2016--
(1) none of the funds made available in this or any other Act
may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for the
promotion of social welfare for purposes of section 501(c)(4) of
the Internal Revenue Code of 1986 (including the proposed
regulations published at 78 Fed. Reg. 71535 (November 29, 2013));
and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply after
the date of the enactment of this Act for purposes of determining
status under section 501(c)(4) of such Code of organizations
created on, before, or after such date.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2016''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $12,723,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such expenses,
the amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $750,000, to
remain available until expended, for required maintenance, resolution
of safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,195,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $12,800,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $96,116,000, of which not to exceed
$7,994,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $95,000,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That of the funds made available for
the Office of Management and Budget by this Act, no less than one full-
time equivalent senior staff position shall be dedicated solely to the
Office of the Intellectual Property Enforcement Coordinator: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable laws,
regulations, and requirements relevant to the Civil Works water
resource planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $20,047,000:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $250,000,000,
to remain available until September 30, 2017, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for auditing
services and associated activities: Provided further, That,
notwithstanding the requirements of Public Law 106-58, any unexpended
funds obligated prior to fiscal year 2014 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as of
September 30, 2015, shall be funded at not less than the fiscal year
2015 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels based on clearly articulated
priorities and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the initial
allocation of fiscal year 2016 funding among HIDTAs not later than 45
days after enactment of this Act, and shall notify the Committees of
planned uses of discretionary HIDTA funding, as determined in
consultation with the HIDTA Directors, not later than 90 days after
enactment of this Act: Provided further, That upon a determination
that all or part of the funds so transferred from this appropriation
are not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House of
Representatives and the Senate, such amounts may be transferred back to
this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $109,810,000, to remain available until expended, which shall
be available as follows: $95,000,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,060,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of
Public Law 109-469: Provided, That amounts made available under this
heading may be transferred to other Federal departments and agencies to
carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $800,000, to remain available
until September 30, 2017.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $30,000,000, to remain available until expended:
Provided, That the Director of the Office of Management and Budget may
transfer these funds to one or more other agencies to carry out
projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,228,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $299,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, transfer not to exceed 10 percent of any such appropriation
to any other such appropriation, to be merged with and available for
the same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not
be increased by more than 50 percent by such transfers: Provided
further, That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. Within 90 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate on the costs of implementing the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203). Such report shall include--
(1) the estimated mandatory and discretionary obligations of
funds through fiscal year 2018, by Federal agency and by fiscal
year, including--
(A) the estimated obligations by cost inputs such as rent,
information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate such
estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
(2) the estimated receipts through fiscal year 2018 from
assessments, user fees, and other fees by the Federal agency making
the collections, by fiscal year, including--
(A) the methodology and data sources used to calculate such
estimated collections; and
(B) the specific section of such Act that authorizes the
collection of funds.
Sec. 203. (a) During fiscal year 2016, any Executive order or
Presidential memorandum issued by the President shall be accompanied by
a written statement from the Director of the Office of Management and
Budget on the budgetary impact, including costs, benefits, and
revenues, of such order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such order
or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations and
outlays as the result of such order or memorandum, listed by
Federal agency, for each year in the 5-fiscal year period beginning
in fiscal year 2016; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year period
beginning in fiscal year 2016.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2016 due to a national emergency, the Director of
the Office of Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that such order or
memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda
shall only apply for Presidential memoranda estimated to have a
regulatory cost in excess of $100,000,000.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2016''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $75,838,000, of which $2,000,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $9,964,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $30,872,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $18,160,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $4,918,969,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$6,050,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,004,949,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $44,199,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $538,196,000, of which not to exceed $15,000,000 shall remain
available until expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $85,665,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $27,719,000; of which $1,800,000 shall
remain available through September 30, 2017, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $17,570,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3314(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the second
sentence (relating to the District of Kansas) following paragraph (12),
by striking ``24 years and 6 months'' and inserting ``25 years and 6
months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``22 years and 6 months'' and
inserting ``23 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``13 years'' and
inserting ``14 years'';
(2) in the second sentence (relating to the central District of
California), by striking ``12 years and 6 months'' and inserting
``13 years and 6 months''; and
(3) in the third sentence (relating to the western district of
North Carolina), by striking ``11 years'' and inserting ``12
years''.
Sec. 307. Section 3602(a) of title 18, United States Code, is
amended--
(1) by inserting after the first sentence: ``A person appointed
as a probation officer in one district may serve in another
district with the consent of the appointing court and the court in
the other district.''; and
(2) by inserting in the last sentence ``appointing'' before
``court may, for cause''.
This title may be cited as the ``Judiciary Appropriations Act,
2016''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$40,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$13,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$274,401,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,192,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $123,638,000, of which not to exceed
$2,500 is for official reception and representation expenses; for the
District of Columbia Court System, $73,981,000, of which not to exceed
$2,500 is for official reception and representation expenses; and
$62,590,000, to remain available until September 30, 2017, for capital
improvements for District of Columbia courthouse facilities: Provided,
That funds made available for capital improvements shall be expended
consistent with the District of Columbia Courts master plan study and
facilities condition assessment: Provided further, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That 30 days after providing written notice to the
Committees on Appropriations of the House of Representatives and the
Senate, the District of Columbia Courts may reallocate not more than
$6,000,000 of the funds provided under this heading among the items and
entities funded under this heading: Provided further, That the Joint
Committee on Judicial Administration in the District of Columbia may,
by regulation, establish a program substantially similar to the program
set forth in subchapter II of chapter 35 of title 5, United States
Code, for employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$49,890,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of Columbia:
Provided further, That, notwithstanding any other provision of law,
this appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$244,763,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, of which not to exceed $25,000 is
for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $182,406,000 shall be for necessary expenses of
Community Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to protection
orders or the provision of services for or related to such persons, of
which up to $3,159,000 shall remain available until September 30, 2018,
for the relocation of offender supervision field offices; and of which
$62,357,000 shall be available to the Pretrial Services Agency:
Provided, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies:
Provided further, That amounts under this heading may be used for
programmatic incentives for offenders and defendants successfully
meeting terms of supervision: Provided further, That the Director is
authorized to accept and use gifts in the form of in-kind contributions
of the following: space and hospitality to support offender and
defendant programs; equipment, supplies, clothing, and professional
development and vocational training services and items necessary to
sustain, educate, and train offenders and defendants, including their
dependent children; and programmatic incentives for offenders and
defendants meeting terms of supervision: Provided further, That the
Director shall keep accurate and detailed records of the acceptance and
use of any gift under the previous proviso, and shall make such records
available for audit and public inspection: Provided further, That the
Court Services and Offender Supervision Agency Director is authorized
to accept and use reimbursement from the District of Columbia
Government for space and services provided on a cost reimbursable
basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $40,889,000: Provided, That notwithstanding
any other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies: Provided further, That,
notwithstanding section 1342 of title 31, United States Code, and in
addition to the authority provided by the District of Columbia Code
Section 2-1607(b), upon approval of the Board of Trustees, the District
of Columbia Public Defender Service may accept and use voluntary and
uncompensated services for the purpose of aiding or facilitating the
work of the District of Columbia Public Defender Service: Provided
further, That, notwithstanding District of Columbia Code section 2-
1603(d), for the purpose of any action brought against the Board of the
Trustees of the District of Columbia Public Defender Service at any
time during fiscal year 2016 or any previous fiscal year, the trustees
shall be deemed to be employees of the Public Defender Service.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $14,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan:
Provided, That the District of Columbia Water and Sewer Authority
provides a 100 percent match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,900,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2017, to the Commission on Judicial Disabilities and Tenure, $295,000,
and for the Judicial Nomination Commission, $270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $45,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125
Stat. 211) including students who were not offered a scholarship during
any previous school year: Provided further, That within funds provided
for opportunity scholarships $3,200,000 shall be for the activities
specified in sections 3007(b) through 3007(d) and 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$435,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth under the
heading ``District of Columbia Funds Summary of Expenses'' and at the
rate set forth under such heading, as included in the Fiscal Year 2016
Budget Request Act of 2015 submitted to the Congress by the District of
Columbia as amended as of the date of enactment of this Act: Provided,
That notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (section 1-
204.50a, D.C. Official Code), sections 816 and 817 of the Financial
Services and General Government Appropriations Act, 2009 (secs. 47-
369.01 and 47-369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses for
the District of Columbia for fiscal year 2016 under this heading shall
not exceed the estimates included in the Fiscal Year 2016 Budget
Request Act of 2015 submitted to Congress by the District of Columbia
as amended as of the date of enactment of this Act or the sum of the
total revenues of the District of Columbia for such fiscal year:
Provided further, That the amount appropriated may be increased by
proceeds of one-time transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further, That such
increases shall be approved by enactment of local District law and
shall comply with all reserve requirements contained in the District of
Columbia Home Rule Act: Provided further, That the Chief Financial
Officer of the District of Columbia shall take such steps as are
necessary to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief Financial Officer
of the appropriations and funds made available to the District during
fiscal year 2016, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2016''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,100,000, to
remain available until September 30, 2017, of which not to exceed
$1,000 is for official reception and representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $125,000,000, of which
not less than $1,000,000 shall remain available until September 30,
2017, to reduce the costs of third party testing associated with
certification of children's products under section 14 of the Consumer
Product Safety Act (15 U.S.C. 2063).
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $9,600,000, of which $1,500,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act
of 2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $339,844,000, to remain available until expended: Provided, That
in addition, $44,168,497 shall be made available until expended for
necessary expenses associated with moving to a new facility or
reconfiguring the existing space to significantly reduce space
consumption: Provided further, That $384,012,497 of offsetting
collections shall be assessed and collected pursuant to section 9 of
title I of the Communications Act of 1934, shall be retained and used
for necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be reduced as
such offsetting collections are received during fiscal year 2016 so as
to result in a final fiscal year 2016 appropriation estimated at $0:
Provided further, That any offsetting collections received in excess of
$384,012,497 in fiscal year 2016 shall not be available for obligation:
Provided further, That remaining offsetting collections from prior
years collected in excess of the amount specified for collection in
each such year and otherwise becoming available on October 1, 2015,
shall not be available for obligation: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a
competitive bidding system that may be retained and made available for
obligation shall not exceed $117,000,000 for fiscal year 2016:
Provided further, That, of the amount appropriated under this heading,
not less than $11,600,000 shall be for the salaries and expenses of the
Office of Inspector General.
administrative provisions--federal communications commission
Sec. 501. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2016'',
each place it appears and inserting ``December 31, 2017''.
Sec. 502. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004 recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$34,568,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $76,119,000, of which $5,000,000 shall
remain available until September 30, 2017, for lease expiration and
replacement lease expenses; and of which not to exceed $5,000 shall be
available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$26,200,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding
31 U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $306,900,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $124,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any other
provision of law, not to exceed $14,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2016, so as to result in a final fiscal
year 2016 appropriation from the general fund estimated at not more
than $168,900,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $10,196,124,000, of which--
(1) $1,607,738,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $341,000,000 shall be for the DHS Consolidation at St.
Elizabeths;
(B) $105,600,000 shall be for the Alexandria Bay, New York,
Land Port of Entry;
(C) $85,645,000 shall be for the Columbus, New Mexico, Land
Port of Entry;
(D) $947,760,000 shall be for new construction projects of
the Federal Judiciary as prioritized in the ``Federal Judiciary
Courthouse Project Priorities'' plan approved by the Judicial
Conference of the United States on September 17, 2015, and
submitted to the House and Senate Committees on Appropriations
on September 28, 2015;
(E) $52,733,000 shall be for new construction and
acquisition projects that are joint United States courthouses
and Federal buildings, including U.S. Post Offices, on the
``FY2015-FY2019 Five-Year Capital Investment Plan'' submitted
by the General Services Administration to the House and Senate
Committees on Appropriations with the agency's fiscal year 2016
Congressional Justification; and
(F) $75,000,000 shall be for construction management and
oversight activities, and other project support costs, for the
FBI Headquarters Consolidation:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the extent
that savings are effected in other such projects, but not to exceed
10 percent of the amounts included in a transmitted prospectus, if
required, unless advance approval is obtained from the Committees
on Appropriations of a greater amount;
(2) $735,331,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $310,331,000 is for Major Repairs and Alterations;
(B) $300,000,000 is for Basic Repairs and Alterations; and
(C) $125,000,000 is for Special Emphasis Programs, of
which--
(i) $20,000,000 is for Fire and Life Safety;
(ii) $20,000,000 is for Judiciary Capital Security;
(iii) $10,000,000 is for Energy and Water Retrofit and
Conservation Measures; and
(iv) $75,000,000 is for Consolidation Activities:
Provided, That consolidation projects result in reduced
annual rent paid by the tenant agency: Provided further,
That no consolidation project exceed $20,000,000 in costs:
Provided further, That consolidation projects are approved
by each of the committees specified in section 3307(a) of
title 40, United States Code: Provided further, That
preference is given to consolidation projects that achieve
a utilization rate of 130 usable square feet or less per
person for office space: Provided further, That the
obligation of funds under this paragraph for consolidation
activities may not be made until 10 days after a proposed
spending plan and explanation for each project to be
undertaken, including estimated savings, has been submitted
to the Committees on Appropriations of the House of
Representatives and the Senate:
Provided, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall,
for prospectus projects, be limited to the amount identified for
each project, except each project in this or any previous Act may
be increased by an amount not to exceed 10 percent unless advance
approval is obtained from the Committees on Appropriations of a
greater amount: Provided further, That additional projects for
which prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the amounts
provided in this or any prior Act for ``Repairs and Alterations''
may be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum standards
for security in accordance with current law and in compliance with
the reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference between
the funds appropriated and expended on any projects in this or any
prior Act, under the heading ``Repairs and Alterations'', may be
transferred to Basic Repairs and Alterations or used to fund
authorized increases in prospectus projects: Provided further,
That the amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the Government
arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects;
(3) $5,579,055,000 for rental of space to remain available
until expended; and
(4) $2,274,000,000 for building operations to remain available
until expended, of which $1,137,000,000 is for building services,
and $1,137,000,000 is for salaries and expenses: Provided further,
That not to exceed 5 percent of any appropriation made available
under this paragraph for building operations may be transferred
between and merged with such appropriations upon notification to
the Committees on Appropriations of the House of Representatives
and the Senate, but no such appropriation shall be increased by
more than 5 percent by any such transfers: Provided further, That
section 508 of this title shall not apply with respect to funds
made available under this heading for building operations:
Provided further, That the total amount of funds made available
from this Fund to the General Services Administration shall not be
available for expenses of any construction, repair, alteration and
acquisition project for which a prospectus, if required by 40
U.S.C. 3307(a), has not been approved, except that necessary funds
may be expended for each project for required expenses for the
development of a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control
as may be appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056, shall
be available from such revenues and collections: Provided further,
That revenues and collections and any other sums accruing to this
Fund during fiscal year 2016, excluding reimbursements under 40
U.S.C. 592(b)(2), in excess of the aggregate new obligational
authority authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and shall not
be available for expenditure except as authorized in appropriations
Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109; $58,000,000.
operating expenses
(including transfer of funds)
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction, management, and communications; the Civilian Board of
Contract Appeals; and services as authorized by 5 U.S.C. 3109;
$58,560,000, of which $25,979,000 is for Real and Personal Property
Management and Disposal; $23,397,000 is for the Office of the
Administrator, of which not to exceed $7,500 is for official reception
and representation expenses; and $9,184,000 is for the Civilian Board
of Contract Appeals: Provided, That not to exceed 5 percent of the
appropriation made available under this heading for Office of the
Administrator may be transferred to the appropriation for the Real and
Personal Property Management and Disposal upon notification to the
Committees on Appropriations of the House of Representatives and the
Senate, but the appropriation for the Real and Personal Property
Management and Disposal may not be increased by more than 5 percent by
any such transfer.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $65,000,000, of which $2,000,000
is available until expended: Provided, That not to exceed $50,000
shall be available for payment for information and detection of fraud
against the Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed $2,500 shall
be available for awards to employees of other Federal agencies and
private citizens in recognition of efforts and initiatives resulting in
enhanced Office of Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $3,277,000.
pre-election presidential transition
(including transfer of funds)
For activities authorized by the Pre-Election Presidential
Transition Act of 2010 (Public Law 111-283), not to exceed $13,278,000,
to remain available until September 30, 2017: Provided, That such
amounts may be transferred and credited to ``Acquisition Services
Fund'' or ``Federal Buildings Fund'' to reimburse obligations incurred
for the purposes provided herein in fiscal year 2015 and 2016:
Provided further, That amounts made available under this heading shall
be in addition to any other amounts available for such purposes.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 40 U.S.C. 323
and 44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to enhance its
ability to conduct activities electronically, through the development
and implementation of innovative uses of information technology;
$55,894,000, to be deposited into the Federal Citizen Services Fund:
Provided, That the previous amount may be transferred to Federal
agencies to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues, reimbursements,
and collections deposited into the Fund shall be available until
expended for necessary expenses of Federal Citizen Services and other
activities that enable the Federal Government to enhance its ability to
conduct activities electronically in the aggregate amount not to exceed
$90,000,000: Provided further, That appropriations, revenues,
reimbursements, and collections accruing to this Fund during fiscal
year 2016 in excess of such amount shall remain in the Fund and shall
not be available for expenditure except as authorized in appropriations
Acts: Provided further, That any appropriations provided to the
Electronic Government Fund that remain unobligated may be transferred
to the Federal Citizen Services Fund: Provided further, That the
transfer authorities provided herein shall be in addition to any other
transfer authority provided in this Act.
administrative provisions--general services administration
(including transfer of funds)
Sec. 510. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 511. Funds in the Federal Buildings Fund made available for
fiscal year 2016 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 512. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2017
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction plan; and
(3) includes a standardized courtroom utilization study of each
facility to be constructed, replaced, or expanded.
Sec. 513. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 514. From funds made available under the heading Federal
Buildings Fund, Limitations on Availability of Revenue, claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 515. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 516. With respect to each project funded under the heading
``Major Repairs and Alterations'' or ``Judiciary Capital Security
Program'', and with respect to E-Government projects funded under the
heading ``Federal Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act.
Sec. 517. With respect to each project funded under the heading of
``new construction projects of the Federal Judiciary'', the General
Services Administration, in consultation with the Administrative Office
of the United States Courts, shall submit a spending plan and
description for each project to be undertaken to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 120 days after the date of enactment of this Act.
Sec. 518. With respect to each project funded under the heading of
``joint United States courthouses and Federal buildings, including U.S.
Post Offices'', the General Services Administration shall submit a
spending plan and explanation for the projects to be undertaken to the
Committees on Appropriations of the House of Representatives and the
Senate not later than 60 days after the date of enactment of this Act.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $1,000,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $44,490,000, to remain available until
September 30, 2017, and in addition not to exceed $2,345,000, to remain
available until September 30, 2017, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
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.), $1,995,000, to remain available until expended,
of which, notwithstanding sections 8 and 9 of such Act: (1) up to
$50,000 shall be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289); and (2)
up to $1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section 817(a) of
Public Law 106-568 (20 U.S.C. 5604(7)): Provided, That of the total
amount made available under this heading $200,000 shall be transferred
to the Office of Inspector General of the Department of the Interior,
to remain available until expended, for audits and investigations of
the Morris K. Udall and Stewart L. Udall Foundation, consistent with
the Inspector General Act of 1978 (5 U.S.C. App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,400,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $372,393,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $4,180,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $7,500,000, to remain
available until expended: Provided, That from amounts made available
under this heading in Public Laws 111-8 and 111-117 for necessary
expenses related to the repair and renovation of the Franklin D.
Roosevelt Presidential Library and Museum in Hyde Park, New York, the
remaining unobligated balances shall be available to implement the
National Archives and Records Administration Capital Improvement Plan.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $5,000,000,
to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be
available until September 30, 2017, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $15,742,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $120,688,000, of which
$2,500,000 shall remain available until expended for Federal
investigations enhancements, and of which $616,000 may be for
strengthening the capacity and capabilities of the acquisition
workforce (as defined by the Office of Federal Procurement Policy Act,
as amended (41 U.S.C. 4001 et seq.)), including the recruitment,
hiring, training, and retention of such workforce and information
technology in support of acquisition workforce effectiveness or for
management solutions to improve acquisition management; and in addition
$124,550,000 for administrative expenses, to be transferred from the
appropriate trust funds of OPM without regard to other statutes,
including direct procurement of printed materials, for the retirement
and insurance programs: Provided, That the provisions of this
appropriation shall not affect the authority to use applicable trust
funds as provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States Code:
Provided further, That no part of this appropriation shall be available
for salaries and expenses of the Legal Examining Unit of OPM
established pursuant to Executive Order No. 9358 of July 1, 1943, or
any successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year 2016,
accept donations of money, property, and personal services: Provided
further, That such donations, including those from prior years, may be
used for the development of publicity materials to provide information
about the White House Fellows, except that no such donations shall be
accepted for travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $4,365,000, and in addition, not to exceed $22,479,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12) as amended by Public Law
107-304, the Whistleblower Protection Enhancement Act of 2012 (Public
Law 112-199), and the Uniformed Services Employment and Reemployment
Rights Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $24,119,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $15,200,000, to be derived by
transfer from the Postal Service Fund and expended as authorized by
section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $21,297,000, to
remain available until September 30, 2017.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,605,000,000, to remain available until
expended; of which not less than $11,315,971 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence; and of which not less than $68,223,000 shall be for the
Division of Economic and Risk Analysis: Provided, That fees and
charges authorized by section 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed $1,605,000,000 of
such offsetting collections shall be available until expended for
necessary expenses of this account: Provided further, That the total
amount appropriated under this heading from the general fund for fiscal
year 2016 shall be reduced as such offsetting fees are received so as
to result in a final total fiscal year 2016 appropriation from the
general fund estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $22,703,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $268,000,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2016: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2017:
Provided further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small Business
Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $231,100,000, to remain available until
September 30, 2017: Provided, That $117,000,000 shall be available to
fund grants for performance in fiscal year 2016 or fiscal year 2017 as
authorized by section 21 of the Small Business Act: Provided further,
That $25,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $18,000,000 shall be available for
grants to States to carry out export programs that assist small
business concerns authorized under section 1207 of Public Law 111-240.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$19,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $9,120,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,338,172, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2016
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $7,500,000,000: Provided
further, That during fiscal year 2016 commitments for general business
loans authorized under section 7(a) of the Small Business Act shall not
exceed $26,500,000,000 for a combination of amortizing term loans and
the aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2016 commitments for loans
authorized under subparagraph (C) of section 502(7) of The Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2016
commitments to guarantee loans for debentures under section 303(b) of
the Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year 2016,
guarantees of trust certificates authorized by section 5(g) of the
Small Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $152,725,828, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $186,858,000, to
be available until expended, of which $1,000,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $176,858,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $9,000,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 520. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 521. (a) Subparagraph (C) of section 502(7) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(7)), as in effect on
September 25, 2012, shall be in effect in any fiscal year during which
the cost to the Federal Government of making guarantees under such
subparagraph (C) and section 503 of the Small Business Investment Act
of 1958 (15 U.S.C. 697) is zero, except that--
(1) subclause (I)(bb) and subclause (II) of clause (iv) of such
subparagraph (C) shall not be in effect;
(2) unless, upon application by a development company and after
determining that the refinance loan is needed for good cause, the
Administrator of the Small Business Administration waives this
paragraph, a development company shall limit its financings under
section 502 of the Small Business Investment Act of 1958 (15 U.S.C.
696) so that, during any fiscal year, new financings under such
subparagraph (C) shall not exceed 50 percent of the dollars loaned
under title V of the Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.) during the previous fiscal year; and
(3) clause (iv)(I)(aa) of such subparagraph (C) shall be
applied by substituting ``job creation and retention'' for ``job
creation''.
(b) Section 303(b)(2)(B) of the Small Business Investment Act of
1958 (15 U.S.C. 683(b)(2)(B)) is amended by striking ``$225,000,000''
and inserting ``$350,000,000''.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $55,075,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$248,600,000, to be derived by transfer from the Postal Service Fund
and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $51,300,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2016, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization or
restructuring of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the fiscal
year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries
and expenses for an agency shall be reduced by $100,000 per day for
each day after the required date that the report has not been submitted
to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2016 from appropriations made available for salaries
and expenses for fiscal year 2016 in this Act, shall remain available
through September 30, 2017, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal Revenue
Code of 1986 and exempt from taxation under section 501(a) of such
Code from the Department of the Treasury or the Internal Revenue
Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation report,
if such individual has given express written consent for such
request not more than 6 months prior to the date of such request
and during the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act may be used
for the interagency funding and sponsorship of a joint advisory
committee to advise on emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement and
Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the Civil
Service Retirement and Disability Fund by statutory provisions
other than subchapter III of chapter 83 or chapter 84 of title 5,
United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 620. The Public Company Accounting Oversight Board (Board)
shall have authority to obligate funds for the scholarship program
established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002
(Public Law 107-204) in an aggregate amount not exceeding the amount of
funds collected by the Board as of December 31, 2015, including accrued
interest, as a result of the assessment of monetary penalties. Funds
available for obligation in fiscal year 2016 shall remain available
until expended.
Sec. 621. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 622. None of the funds made available by this Act may be used
to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate Change.
(3) Senior Advisor to the Secretary of the Treasury assigned to
the Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
Sec. 623. None of the funds in this Act may be used for the
Director of the Office of Personnel Management to award a contract,
enter an extension of, or exercise an option on a contract to a
contractor conducting the final quality review processes for background
investigation fieldwork services or background investigation support
services that, as of the date of the award of the contract, are being
conducted by that contractor.
Sec. 624. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 625. 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. 626. From the unobligated balances available in the
Securities and Exchange Commission Reserve Fund established by section
991 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111-203), $25,000,000 are rescinded.
Sec. 627. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner
that violates the Fourth Amendment to the Constitution of the United
States.
Sec. 628. Beginning on the date of enactment of this Act, in the
current fiscal year and continuing through September 30, 2025, the
Further Notice of Proposed Rulemaking and Report and Order adopted by
the Federal Communications Commission on March 31, 2014 (FCC 14-28),
and the amendments to the rules of the Commission adopted in such
Further Notice of Proposed Rulemaking and Report and Order, shall not
apply to a joint sales agreement (as defined in Note 2(k) to section
73.3555 of title 47, Code of Federal Regulations) that was in effect on
March 31, 2014, and a rule of the Commission amended by such an
amendment shall apply to such agreement as such rule was in effect on
the day before the effective date of such amendment. A party to a joint
sales agreement that was in effect on March 31, 2014, shall not be
considered to be in violation of the ownership limitations of section
73.3555 of title 47, Code of Federal Regulations, by reason of the
application of the rule in Note 2(k)(2), as so amended, to the joint
sales agreement.
Sec. 629. During fiscal year 2016, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the
Consumer Product Safety Commission in the Federal Register on November
19, 2014 (79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with the
National Highway Traffic Safety Administration and the Department
of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Sec. 630. Notwithstanding any other provision of law, not to
exceed $2,266,085 of unobligated balances from ``Election Assistance
Commission, Election Reform Programs'' shall be available to record a
disbursement previously incurred under that heading in fiscal year 2014
against a 2008 cancelled account.
Sec. 631. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
the rules or regulations of the Commission for universal service high-
cost support for competitive eligible telecommunications carriers in a
way that is inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect on July
15, 2015: Provided, That this section shall not prohibit the
Commission from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II.
Sec. 632. (a) The Office of Personnel Management shall provide to
each affected individual as defined in subsection (b) complimentary
identity protection coverage that--
(1) is not less comprehensive than the complimentary identity
protection coverage that the Office provided to affected
individuals before the date of enactment of this Act;
(2) is effective for a period of not less than 10 years; and
(3) includes not less than $5,000,000 in identity theft
insurance.
(b) Definition.--In this section, the term ``affected individual''
means any individual whose Social Security Number was compromised
during--
(1) the data breach of personnel records of current and former
Federal employees, at a network maintained by the Department of the
Interior, that was announced by the Office of Personnel Management
on June 4, 2015; or
(2) the data breach of systems of the Office of Personnel
Management containing information related to the background
investigations of current, former, and prospective Federal
employees, and of other individuals.
Sec. 633. Sections 1101(a) and 1104(a)(2)(A) of the Internet Tax
Freedom Act (title XI of division C of Public Law 105-277; 47 U.S.C.
151 note) shall be applied by substituting ``October 1, 2016'' for
``October 1, 2015''.
Sec. 634. (a) Definitions.--In this section:
(1) Banking institution.--The term ``banking institution''
means an insured depository institution, Federal credit union,
State credit union, bank holding company, or savings and loan
holding company.
(2) Basel iii capital requirements.--The term ``Basel III
capital requirements'' means the Global Regulatory Framework for
More Resilient Banks and Banking Systems issued by the Basel
Committee on Banking Supervision on December 16, 2010, as revised
on June 1, 2011.
(3) Federal banking agencies.--The term ``Federal banking
agencies'' means the Board of Governors of the Federal Reserve
System, the Office of the Comptroller of the Currency, the Federal
Deposit Insurance Corporation, and the National Credit Union
Administration.
(4) Mortgage servicing assets.--The term ``mortgage servicing
assets'' means those assets that result from contracts to service
loans secured by real estate, where such loans are owned by third
parties.
(5) NCUA capital requirements.--The term ``NCUA capital
requirements'' means the final rule of the National Credit Union
Administration entitled ``Risk-Based Capital'' (80 Fed. Reg. 66625
(October 29, 2015)).
(6) Other definitions.--
(A) Banking definitions.--The terms ``bank holding
company'', ``insured depository institution'', and ``savings
and loan holding company'' have the meanings given those terms
in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
(B) Credit union definitions.--The terms ``Federal credit
union'' and ``State credit union'' have the meanings given
those terms in section 101 of the Federal Credit Union Act (12
U.S.C. 1752).
(b) Study of the Appropriate Capital for Mortgage Servicing
Assets.--
(1) In general.--The Federal banking agencies shall jointly
conduct a study of the appropriate capital requirements for
mortgage servicing assets for banking institutions.
(2) Issues to be studied.--The study required under paragraph
(1) shall include, with a specific focus on banking institutions--
(A) the risk to banking institutions of holding mortgage
servicing assets;
(B) the history of the market for mortgage servicing
assets, including in particular the market for those assets in
the period of the financial crisis;
(C) the ability of banking institutions to establish a
value for mortgage servicing assets of the institution through
periodic sales or other means;
(D) regulatory approaches to mortgage servicing assets and
capital requirements that may be used to address concerns about
the value of and ability to sell mortgage servicing assets;
(E) the impact of imposing the Basel III capital
requirements and the NCUA capital requirements on banking
institutions on the ability of those institutions--
(i) to compete in the mortgage servicing business,
including the need for economies of scale to compete in
that business; and
(ii) to provide service to consumers to whom the
institutions have made mortgage loans;
(F) an analysis of what the mortgage servicing marketplace
would look like if the Basel III capital requirements and the
NCUA capital requirements on mortgage servicing assets--
(i) were fully implemented; and
(ii) applied to both banking institutions and
nondepository residential mortgage loan servicers;
(G) the significance of problems with mortgage servicing
assets, if any, in banking institution failures and problem
banking institutions, including specifically identifying failed
banking institutions where mortgage servicing assets
contributed to the failure; and
(H) an analysis of the relevance of the Basel III capital
requirements and the NCUA capital requirements on mortgage
servicing assets to the banking systems of other significantly
developed countries.
(3) Report to congress.--Not later than 180 days after the date
of enactment of this title, the Federal banking agencies shall
submit to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of
Representatives a report containing--
(A) the results of the study required under paragraph (1);
(B) any analysis on the specific issue of mortgage
servicing assets undertaken by the Federal banking agencies
before finalizing regulations implementing the Basel III
capital requirements and the NCUA capital requirements; and
(C) any recommendations for legislative or regulatory
actions that would address concerns about the value of and
ability to sell and the ability of banking institutions to hold
mortgage servicing assets.
Sec. 635. In addition to amounts otherwise provided in this Act
for ``National Archives and Records Administration, Operating
Expenses'', there is appropriated $7,000,000, to remain available until
expended, for the repair, alteration, and improvement of an additional
leased facility to provide adequate storage for holdings of the House
of Representatives and the Senate.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2016 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase of
any passenger motor vehicle (exclusive of buses, ambulances, law
enforcement vehicles, protective vehicles, and undercover surveillance
vehicles), is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits may be
exceeded by not to exceed $7,250 for police-type vehicles: Provided
further, That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles acquired
pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles: Provided further, That the limits set
forth in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel
cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in the continental United States
unless such person: (1) is a citizen of the United States; (2) is a
person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; or (4) is a
person who owes allegiance to the United States: Provided, That for
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, That for purposes of subsections (2) and (3) such affidavits
shall be submitted prior to employment and updated thereafter as
necessary: Provided further, That any person making a false affidavit
shall be guilty of a felony, and upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee of the
Government of the United States on the date of enactment of this Act,
or to international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply to the
employment as Wildland firefighters for not more than 120 days of
nonresident aliens employed by the Department of the Interior or the
USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 13423 (January 24,
2007), including any such programs adopted prior to the effective
date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation
of hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact
with any Member, committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment of such
other officer or employee or pertaining to the department or agency
of such other officer or employee in any way, irrespective of
whether such communication or contact is at the initiative of such
other officer or employee or in response to the request or inquiry
of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces
in rank, seniority, status, pay, or performance or efficiency
rating, denies promotion to, relocates, reassigns, transfers,
disciplines, or discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of employment of,
any other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing actions with
respect to such other officer or employee, by reason of any
communication or contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other
Act may be used to provide any non-public information such as mailing,
telephone or electronic mailing lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C. 105;
and
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, including improving coordination and reducing
duplication, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations, initiatives,
and activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-wide
Policy'' during fiscal year 2016 shall remain available for obligation
through September 30, 2017: Provided further, That such transfers or
reimbursements may only be made after 15 days following notification of
the Committees on Appropriations of the House of Representatives and
the Senate by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science and
Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall comply with any
relevant requirements in part 200 of title 2, Code of Federal
Regulations: Provided, That this section shall apply to direct
payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable
information relating to an individual's access to or use of any
Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party (including
another government agency) to collect, review, or obtain any
aggregation of data, derived from any means, that includes any
personally identifiable information relating to an individual's
access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to providing the Internet site services or to
protecting the rights or property of the provider of the Internet
site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a) with
respect to any Federal Government contract under the authority of
such Secretary if the Secretary determines that the waiver is
required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver under
paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2016, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment as
an incentive to separate, the separating agency shall remit to the
Civil Service Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of processing a
retirement claim for the preceding fiscal year. Such amounts shall
be available until expended to the Office of Personnel Management
and shall be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment described
in paragraph (1)) made by the entity, its officers or directors, or
any of its affiliates or subsidiaries to any person with the intent
or the reasonable expectation that the person will use the funds to
make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
has the meaning given such term in the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.).
Sec. 736. None of the funds made available in this or any other
Act may be used to pay for the painting of a portrait of an officer or
employee of the Federal government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2016, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2016, in an
amount that exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with such
section; and
(B) during the period consisting of the remainder of fiscal
year 2016, in an amount that exceeds, as a result of a wage survey
adjustment, the rate payable under subparagraph (A) by more than
the sum of--
(i) the percentage adjustment taking effect in fiscal year
2016 under section 5303 of title 5, United States Code, in the
rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2016 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage of
such payments which was effective in the previous fiscal year
under such section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2015, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2015, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2015.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal year
2016 under sections 5344 and 5348 of title 5, United States Code, shall
be--
(1) not less than the percentage received by employees in the
same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under sections 5303 and 5304 of title 5,
United States Code: Provided, That prevailing rate employees at
locations where there are no employees whose pay is increased
pursuant to sections 5303 and 5304 of title 5, United States Code,
and prevailing rate employees described in section 5343(a)(5) of
title 5, United States Code, shall be considered to be located in
the pay locality designated as ``Rest of United States'' pursuant
to section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2015.
Sec. 738. (a) The Vice President may not receive a pay raise in
calendar year 2016, notwithstanding the rate adjustment made under
section 104 of title 3, United States Code, or any other provision of
law.
(b) An employee serving in an Executive Schedule position, or in a
position for which the rate of pay is fixed by statute at an Executive
Schedule rate, may not receive a pay rate increase in calendar year
2016, notwithstanding schedule adjustments made under section 5318 of
title 5, United States Code, or any other provision of law, except as
provided in subsection (g), (h), or (i). This subsection applies only
to employees who are holding a position under a political appointment.
(c) A chief of mission or ambassador at large may not receive a pay
rate increase in calendar year 2016, notwithstanding section 401 of the
Foreign Service Act of 1980 (Public Law 96-465) or any other provision
of law, except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, a pay rate increase may not be received in calendar year
2016 (except as provided in subsection (g), (h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service paid
a rate of basic pay at or above level IV of the Executive Schedule;
or
(2) a limited term appointee or limited emergency appointee in
the Senior Executive Service serving under a political appointment
and paid a rate of basic pay at or above level IV of the Executive
Schedule.
(e) Any employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States Code, or
similar authority) at or above level IV of the Executive Schedule who
serves under a political appointment may not receive a pay rate
increase in calendar year 2016, notwithstanding any other provision of
law, except as provided in subsection (g), (h), or (i). This subsection
does not apply to employees in the General Schedule pay system or the
Foreign Service pay system, or to employees appointed under section
3161 of title 5, United States Code, or to employees in another pay
system whose position would be classified at GS-15 or below if chapter
51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) A career appointee in the Senior Executive Service who receives
a Presidential appointment and who makes an election to retain Senior
Executive Service basic pay entitlements under section 3392 of title 5,
United States Code, is not subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive branch and
who makes an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980 (Public Law 96-
465) is not subject to this section.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position with higher-level duties and a
pre-established higher level or range of pay, except that any such
increase must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable pay limitations in effect on December 31,
2013.
(k) If an employee affected by subsections (b) through (e) is
subject to a biweekly pay period that begins in calendar year 2016 but
ends in calendar year 2017, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
Sec. 739. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2016 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days of the date of a conference held by any
Executive branch department, agency, board, commission, or office
funded by this or any other appropriations Act during fiscal year 2016
for which the cost to the United States Government was more than
$20,000, the head of any such department, agency, board, commission, or
office shall notify the Inspector General or senior ethics official for
any entity without an Inspector General, of the date, location, and
number of employees attending such conference.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012 or any subsequent revisions to
that memorandum.
Sec. 740. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce
funding for a program, project, or activity as proposed in the
President's budget request for a fiscal year until such proposed change
is subsequently enacted in an appropriation Act, or unless such change
is made pursuant to the reprogramming or transfer provisions of this or
any other appropriations Act.
Sec. 741. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
20180 et seq.).
Sec. 742. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 743. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 744. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to Congress,
(3) the reporting to an Inspector General of a violation of any law,
rule, or regulation, or mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'': Provided,
That notwithstanding the preceding provision of this section, a
nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 745. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 746. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that was convicted of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 747. (a) The Act entitled ``An Act providing for the
incorporation of certain persons as Group Hospitalization and Medical
Services, Inc.'', approved August 11, 1939 (53 Stat. 1412), is
amended--
(1) by redesignating section 11 as section 12; and
(2) by inserting after section 10 the following:
``Sec. 11. The surplus of the corporation is for the benefit and
protection of all of its certificate holders and shall be available for
the satisfaction of all obligations of the corporation regardless of
the jurisdiction in which such surplus originated or such obligations
arise. The corporation shall not divide, attribute, distribute, or
reduce its surplus pursuant to any statute, regulation, or order of any
jurisdiction without the express agreement of the District of Columbia,
Maryland, and Virginia--
``(1) that the entire surplus of the corporation is excessive;
and
``(2) to any plan for reduction or distribution of surplus.''.
(b) The amendments made by subsection (a) shall apply with respect
to the surplus of Group Hospitalization and Medical Services, Inc. for
any year after 2011.
Sec. 748. (a) During fiscal year 2016, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection
shall notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 749. (a) Notwithstanding the time limitations specified in
section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may award the Medal of
Honor under section 3741 of such title to Charles S. Kettles for the
acts of valor during the Vietnam War described in subsection (b).
(b) The acts of valor referred to in subsection (a) are the actions
of Charles S. Kettles during combat operations on May 15, 1967, while
serving as Flight Commander, 176th Aviation Company, 14th Aviation
Battalion, Task Force Oregon, Republic of Vietnam, for which he was
previously awarded the Distinguished Service Cross.
Sec. 750. (a) None of the funds made available under this or any
other Act may be used to--
(1) implement, administer, carry out, modify, revise, or
enforce Executive Order 13690, entitled ``Establishing a Federal
Flood Risk Management Standard and a Process for Further Soliciting
and Considering Stakeholder Input'' (issued January 30, 2015),
other than for--
(A) acquiring, managing, or disposing of Federal lands and
facilities;
(B) providing federally undertaken, financed, or assisted
construction or improvements; or
(C) conducting Federal activities or programs affecting
land use, including water and related land resources planning,
regulating, and licensing activities;
(2) implement Executive Order 13690 in a manner that modifies
the non-grant components of the National Flood Insurance Program;
or
(3) apply Executive Order 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 Department of the Army permit under section 404 of the Clean
Water Act or section 10 of the Rivers and Harbors Act.
(b) Subsection (a) of this section shall not be in effect during
the period beginning on October 1, 2016 and ending on September 30,
2017.
Sec. 751. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2016, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any program,
project, or responsibility center for which funds have been denied
or restricted;
(5) re-establishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or responsibility
center through a reprogramming of funds in excess of $3,000,000 or
10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2016.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services
Department who resides in the District of Columbia and is on call
24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of Columbia
and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an officer
or employee of the Office of the Chief Medical Examiner who resides
in the District of Columbia and is on call 24 hours a day;
(5) at the discretion of the Director of the Homeland Security
and Emergency Management Agency, an officer or employee of the
Homeland Security and Emergency Management Agency who resides in
the District of Columbia and is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
(b) None of the funds contained in this Act may be used to enact
any law, rule, or regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any schedule I
substance under the Controlled Substances Act (21 U.S.C. 801 et seq.)
or any tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2016 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating
funds to capital funds, and such amounts, once transferred or
reprogrammed, shall retain appropriation authority consistent with the
provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so
provided herein.
Sec. 815. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2016 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2016 in this Act, shall remain available through September 30,
2017, for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on Appropriations
of the House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these requests
shall be made in compliance with reprogramming guidelines outlined in
section 803 of this Act.
Sec. 816. (a) During fiscal year 2017, 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 2017 Budget Request
Act of 2016 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 2017 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2017.
(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 2017 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 2017 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such period;
or
(2) specifically provides that no appropriation shall be made,
no funds shall be made available, or no authority shall be granted
for such project or activity to continue for such period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 817. (a) This section may be cited as the ``D.C. Opportunity
Scholarship Program School Certification Requirements Act''.
(b) Section 3007(a) of the Scholarships for Opportunity and Results
Act (Public Law 112-10; 125 Stat. 203) is amended--
(1) in paragraph (4)--
(A) in subparagraph (E), by striking ``and'' after the
semicolon;
(B) in subparagraph (F), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(G)(i) is provisionally or fully accredited by a national
or regional accrediting agency that is recognized in the
District of Columbia School Reform Act of 1995 (sec. 38-
1802.02(16)(A)-(G), D.C. Official Code) or any other
accrediting body deemed appropriate by the Office of the State
Superintendent for Schools for the purposes of accrediting an
elementary or secondary school; or
``(ii) in the case of a school that is a participating
school as of the day before the date of enactment of the
D.C. Opportunity Scholarship Program School Certification
Requirements Act and, as of such day, does not meet the
requirements of clause (i)--
``(I) by not later than 1 year after such date of
enactment, is pursuing accreditation by a national or
regional accrediting agency recognized in the District
of Columbia School Reform Act of 1995 (sec. 38-
1802.02(16)(A)-(G), D.C. Official Code) or any other
accrediting body deemed appropriate by the Office of
the State Superintendent for Schools for the purposes
of accrediting an elementary or secondary school; and
``(II) by not later than 5 years after such date of
enactment, is provisionally or fully accredited by such
accrediting agency, except that an eligible entity may
grant not more than one 1-year extension to meet this
requirement for each participating school that provides
evidence to the eligible entity from such accrediting
agency that the school's application for accreditation
is in process and the school will be awarded
accreditation before the end of the 1-year extension
period;
``(H) conducts criminal background checks on school
employees who have direct and unsupervised interaction with
students; and
``(I) complies with all requests for data and information
regarding the reporting requirements described in section
3010.''; and
(2) by adding at the end the following:
``(5) New participating schools.--If a school is not a
participating school as of the date of enactment of the D.C.
Opportunity Scholarship Program School Certification Requirements
Act, the school shall not become a participating school and none of
the funds provided under this division for opportunity scholarships
may be used by an eligible student to enroll in that school unless
the school--
``(A) is actively pursuing provisional or full
accreditation by a national or regional accrediting agency that
is recognized in the District of Columbia School Reform Act of
1995 (sec. 38-1802.02(16)(A)-(G), D.C. Official Code) or any
other accrediting body deemed appropriate by the Office of the
State Superintendent for Schools for the purposes of
accrediting an elementary or secondary school; and
``(B) meets all of the other requirements for participating
schools under this Act.
``(6) Enrolling in another school.--An eligible entity shall
assist the parents of a participating eligible student in
identifying, applying to, and enrolling in an another participating
school for which opportunity scholarship funds may be used, if--
``(A) such student is enrolled in a participating private
school and may no longer use opportunity scholarship funds for
enrollment in that participating private school because such
school fails to meet a requirement under paragraph 4, or any
other requirement of this Act; or
``(B) a participating eligible student is enrolled in a
school that ceases to be a participating school.''.
(c) Report to Eligible Entities.--Section 3010 of the Scholarships
for Opportunity and Results Act (Public Law 112-10; 125 Stat. 203) is
further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Reports to Eligible Entities.--The eligible entity receiving
funds under section 3004(a) shall ensure that each participating school
under this division submits to the eligible entity beginning not later
than 5 years after the date of the enactment of the D.C. Opportunity
Scholarship Program School Certification Requirements Act, a
certification that the school has been awarded provisional or full
accreditation, or has been granted an extension by the eligible entity
in accordance with section 3007(a)(4)(G).''.
(d) Unless specifically provided otherwise, this section, and the
amendments made by this section, shall take effect 1 year after the
date of enactment of this Act.
Sec. 818. Subparagraph (G) of section 3(c)(2) of the District of
Columbia College Access Act of 1999 (Public Law 106-98), as amended, is
further amended:
(1) by inserting after ``(G)'', ``(i) for individuals who began
an undergraduate course of study prior to school year 2015-2016,'';
and
(2) by inserting the following before the period at the end:
``and (ii) for individuals who begin an undergraduate course of
study in or after school year 2016-2017, is from a family with a
taxable annual income of less than $750,000. Beginning with school
year 2017-2018, the Mayor shall adjust the amounts in clauses (i)
and (ii) for inflation, as measured by the percentage increase, if
any, from the preceding fiscal year in the Consumer Price Index for
All Urban Consumers, published by the Bureau of Labor Statistics of
the Department of Labor''.
Sec. 819. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2016''.
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $137,466,000: Provided, That
not to exceed $45,000 shall be for official reception and
representation expenses: Provided further, That all official costs
associated with the use of government aircraft by Department of
Homeland Security personnel to support official travel of the Secretary
and the Deputy Secretary shall be paid from amounts made available for
the Immediate Office of the Secretary and the Immediate Office of the
Deputy Secretary: Provided further, That not later than 30 days after
the date of enactment of this Act, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, the Committees on the Judiciary of the Senate
and the House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on Homeland
Security of the House of Representatives, the comprehensive plan for
implementation of the biometric entry and exit data system as required
under this heading in Public Law 114-4 and a report on visa overstay
data by country as required by section 1376 of title 8, United States
Code: Provided further, That the report on visa overstay data shall
also include--
(1) overstays from all nonimmigrant visa categories under the
immigration laws, delineated by each of the classes and sub-classes
of such categories; and
(2) numbers as well as rates of overstays for each class and
sub-class of such nonimmigrant categories on a per-country basis:
Provided further, That of the funds provided under this heading,
$13,000,000 shall be withheld from obligation for the Office of the
Secretary and Executive Management until both the comprehensive plan
and the report are submitted.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $196,810,000, of which
not to exceed $2,000 shall be for official reception and representation
expenses: Provided, That of the total amount made available under this
heading, $4,456,000 shall remain available until September 30, 2017,
solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and $7,778,000
shall remain available until September 30, 2017, for the Human
Resources Information Technology program: Provided further, That the
Under Secretary for Management shall include in the President's budget
proposal for fiscal year 2017, submitted pursuant to section 1105(a) of
title 31, United States Code, a Comprehensive Acquisition Status
Report, which shall include the information required under the heading
``Office of the Under Secretary for Management'' under title I of
division D of the Consolidated Appropriations Act, 2012 (Public Law
112-74), and shall submit quarterly updates to such report not later
than 45 days after the completion of each quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $56,420,000: Provided, That the Secretary of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, at the time the
President's budget proposal for fiscal year 2017 is submitted pursuant
to section 1105(a) of title 31, United States Code, the Future Years
Homeland Security Program, as authorized by section 874 of Public Law
107-296 (6 U.S.C. 454).
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$309,976,000; of which $109,957,000 shall be available for salaries and
expenses; and of which $200,019,000, to remain available until
September 30, 2017, shall be available for development and acquisition
of information technology equipment, software, services, and related
activities for the Department of Homeland Security.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $264,714,000; of which not
to exceed $3,825 shall be for official reception and representation
expenses; of which not to exceed $2,000,000 is available for facility
needs associated with secure space at fusion centers, including
improvements to buildings; and of which $111,021,000 shall remain
available until September 30, 2017.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $137,488,000; of which not to exceed $300,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500
for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,628,902,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which $30,000,000 shall be available until September 30, 2017,
solely for the purpose of recruiting, hiring, training, and equipping
law enforcement officers and Border Patrol agents; of which not to
exceed $34,425 shall be for official reception and representation
expenses; of which such sums as become available in the Customs User
Fee Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; and of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided, That of the amounts made available under this heading for
Inspection and Detection Technology Investments, $18,500,000 shall
remain available until September 30, 2018: Provided further, That for
fiscal year 2016, the overtime limitation prescribed in section 5(c)(1)
of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000;
and notwithstanding any other provision of law, none of the funds
appropriated by this Act shall be available to compensate any employee
of U.S. Customs and Border Protection for overtime, from whatever
source, in an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or the designee
of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies:
Provided further, That the Border Patrol shall maintain an active duty
presence of not less than 21,370 full-time equivalent agents protecting
the borders of the United States in the fiscal year.
automation modernization
For necessary expenses for U.S. Customs and Border Protection for
operation and improvement of automated systems, including salaries and
expenses, $829,460,000; of which $465,732,000 shall remain available
until September 30, 2018; and of which not less than $151,184,000 shall
be for the development of the Automated Commercial Environment.
border security fencing, infrastructure, and technology
For necessary expenses for border security fencing, infrastructure,
and technology, $447,461,000; of which $273,931,000 shall remain
available until September 30, 2017, for operations and maintenance; and
of which $173,530,000 shall remain available until September 30, 2018,
for development and deployment.
air and marine operations
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aerial systems, the
Air and Marine Operations Center, and other related equipment of the
air and marine program, including salaries and expenses, operational
training, and mission-related travel, the operations of which include
the following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in the
enforcement or administration of laws enforced by the Department of
Homeland Security; and, at the discretion of the Secretary of Homeland
Security, the provision of assistance to Federal, State, and local
agencies in other law enforcement and emergency humanitarian efforts;
$802,298,000; of which $300,429,000 shall be available for salaries and
expenses; and of which $501,869,000 shall remain available until
September 30, 2018: Provided, That no aircraft or other related
equipment, with the exception of aircraft that are one of a kind and
have been identified as excess to U.S. Customs and Border Protection
requirements and aircraft that have been damaged beyond repair, shall
be transferred to any other Federal agency, department, or office
outside of the Department of Homeland Security during fiscal year 2016
without prior notice to the Committees on Appropriations of the Senate
and the House of Representatives: Provided further, That funding made
available under this heading shall be available for customs expenses
when necessary to maintain or to temporarily increase operations in
Puerto Rico.
construction and facilities management
For necessary expenses to plan, acquire, construct, renovate,
equip, furnish, operate, manage, and maintain buildings, facilities,
and related infrastructure necessary for the administration and
enforcement of the laws relating to customs, immigration, and border
security, $340,128,000, to remain available until September 30, 2020.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations, including
intellectual property rights and overseas vetted units operations; and
purchase and lease of up to 3,790 (2,350 for replacement only) police-
type vehicles; $5,779,041,000; of which not to exceed $10,000,000 shall
be available until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081);
of which not to exceed $11,475 shall be for official reception and
representation expenses; of which not to exceed $2,000,000 shall be for
awards of compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security; of which not
less than $305,000 shall be for promotion of public awareness of the
child pornography tipline and activities to counter child exploitation;
of which not less than $5,400,000 shall be used to facilitate
agreements consistent with section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)); of which not to exceed $45,000,000,
to remain available until September 30, 2017, is for maintenance,
construction, and leasehold improvements at owned and leased
facilities; and of which not to exceed $11,216,000 shall be available
to fund or reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled aliens
unlawfully present in the United States: Provided, That of the total
amount made available under this heading, $100,000,000 shall be
withheld from obligation until the Director of U.S. Immigration and
Customs Enforcement submits to the Committees on Appropriations of the
Senate and the House of Representatives a report detailing the number
of full-time equivalent employees hired and lost through attrition for
the period beginning on October 1, 2015, and ending on June 30, 2016:
Provided further, That of the total amount made available under this
heading, $5,000,000 shall be withheld from obligation until the
Director of U.S. Immigration and Customs Enforcement briefs the
Committees on Appropriations of the Senate and the House of
Representatives on efforts to increase the number of communities and
law enforcement agencies participating in the Priority Enforcement
Program, including details as to the jurisdictions and law enforcement
agencies approached and the level of participation on a by-community
basis: Provided further, That none of the funds made available under
this heading shall be available to compensate any employee for overtime
in an annual amount in excess of $35,000, except that the Secretary of
Homeland Security, or the designee of the Secretary, may waive that
amount as necessary for national security purposes and in cases of
immigration emergencies: Provided further, That of the total amount
provided, $15,770,000 shall be for activities to enforce laws against
forced child labor, of which not to exceed $6,000,000 shall remain
available until expended: Provided further, That of the total amount
available, not less than $1,600,000,000 shall be available to identify
aliens convicted of a crime who may be deportable, and to remove them
from the United States once they are judged deportable: Provided
further, That the Secretary of Homeland Security shall prioritize the
identification and removal of aliens convicted of a crime by the
severity of that crime: Provided further, That funding made available
under this heading shall maintain a level of not less than 34,000
detention beds through September 30, 2016: Provided further, That of
the total amount provided, not less than $3,217,942,000 is for
enforcement, detention, and removal operations, including
transportation of unaccompanied minor aliens: Provided further, That
of the amount provided for Custody Operations in the previous proviso,
$45,000,000 shall remain available until September 30, 2020: Provided
further, That of the total amount provided for the Visa Security
Program and international investigations, $13,300,000 shall remain
available until September 30, 2017: Provided further, That not less
than $15,000,000 shall be available for investigation of intellectual
property rights violations, including operation of the National
Intellectual Property Rights Coordination Center: Provided further,
That none of the funds provided under this heading may be used to
continue a delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated: Provided further, That none
of the funds provided under this heading may be used to continue any
contract for the provision of detention services if the two most recent
overall performance evaluations received by the contracted facility are
less than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing under
this heading shall prevent U.S. Immigration and Customs Enforcement
from exercising those authorities provided under the immigration laws
(as defined in section 101(a)(17) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(17))) during priority operations pertaining to
aliens convicted of a crime: Provided further, That without regard to
the limitation as to time and condition of section 503(d) of this Act,
the Secretary may propose to reprogram and transfer funds within and
into this appropriation necessary to ensure the detention of aliens
prioritized for removal.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $53,000,000, to remain available until September 30, 2018.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,719,437,000, to remain
available until September 30, 2017; of which not to exceed $7,650 shall
be for official reception and representation expenses: Provided, That
any award to deploy explosives detection systems shall be based on
risk, the airport's current reliance on other screening solutions,
lobby congestion resulting in increased security concerns, high injury
rates, airport readiness, and increased cost effectiveness: Provided
further, That security service fees authorized under section 44940 of
title 49, United States Code, shall be credited to this appropriation
as offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal year
2016 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $3,589,437,000: Provided
further, That the funds deposited pursuant to section 44945 of title
49, United States Code, that are currently unavailable for obligation
are hereby permanently cancelled: Provided further, That
notwithstanding section 44923 of title 49, United States Code, for
fiscal year 2016, any funds in the Aviation Security Capital Fund
established by section 44923(h) of title 49, United States Code, may be
used for the procurement and installation of explosives detection
systems or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of such
title: Provided further, That notwithstanding any other provision of
law, for the current fiscal year and each fiscal year hereafter, mobile
explosives detection systems purchased and deployed using funds made
available under this heading may be moved and redeployed to meet
evolving passenger and baggage screening security priorities at
airports: Provided further, That none of the funds made available in
this Act may be used for any recruiting or hiring of personnel into the
Transportation Security Administration that would cause the agency to
exceed a staffing level of 45,000 full-time equivalent screeners:
Provided further, That the preceding proviso shall not apply to
personnel hired as part-time employees: Provided further, That not
later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
detailed report on--
(1) the Department of Homeland Security efforts and resources
being devoted to develop more advanced integrated passenger
screening technologies for the most effective security of
passengers and baggage at the lowest possible operating and
acquisition costs, including projected funding levels for each
fiscal year for the next 5 years or until project completion,
whichever is earlier;
(2) how the Transportation Security Administration is deploying
its existing passenger and baggage screener workforce in the most
cost-effective manner; and
(3) labor savings from the deployment of improved technologies
for passenger and baggage screening, including high-speed baggage
screening, and how those savings are being used to offset security
costs or reinvested to address security vulnerabilities:
Provided further, That Members of the United States House of
Representatives and the United States Senate, including the leadership;
the heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to surface transportation security activities,
$110,798,000, to remain available until September 30, 2017.
intelligence and vetting
For necessary expenses for the development and implementation of
intelligence and vetting activities, $236,693,000, to remain available
until September 30, 2017.
transportation security support
For necessary expenses of the Transportation Security
Administration related to transportation security support pursuant to
the Aviation and Transportation Security Act (Public Law 107-71; 115
Stat. 597; 49 U.S.C. 40101 note), $924,015,000, to remain available
until September 30, 2017.
Coast Guard
operating expenses
For necessary expenses for the operations and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; purchase or lease of other equipment (at a unit cost of no
more than $250,000); minor shore construction projects not exceeding
$1,000,000 in total cost on any location; payments pursuant to section
156 of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and
recreation and welfare; $7,061,490,000, of which $500,002,000 shall be
for defense-related activities, of which $160,002,000 is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985; of which $24,500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which not to exceed $23,000 shall be for
official reception and representation expenses: Provided, That none of
the funds made available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United States
Code, except to the extent fees are collected from owners of yachts and
credited to this appropriation: Provided further, That to the extent
fees are insufficient to pay expenses of recreational vessel
documentation under such section 12114, and there is a backlog of
recreational vessel applications, then personnel performing non-
recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114: Provided further, That of the funds provided
under this heading, $85,000,000 shall be withheld from obligation for
Coast Guard Headquarters Directorates until a future-years capital
investment plan for fiscal years 2017 through 2021, as specified under
the heading ``Coast Guard, Acquisition, Construction, and
Improvements'' of this Act, is submitted to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That funds made available under this heading for
Overseas Contingency Operations/Global War on Terrorism may be
allocated by program, project, and activity, notwithstanding section
503 of this Act: Provided further, That without regard to the
limitation as to time and condition of section 503(d) of this Act,
after June 30, up to $10,000,000 may be reprogrammed to or from
Military Pay and Allowances in accordance with subsections (a), (b),
and (c) of section 503.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,221,000, to remain available until
September 30, 2020.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the Coast Guard reserve program;
personnel and training costs; and equipment and services; $110,614,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease, and operation of facilities and equipment; as
authorized by law; $1,945,169,000; of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which the following amounts shall be
available until September 30, 2020 (except as subsequently specified):
$21,000,000 for military family housing; $1,264,400,000 to acquire,
effect major repairs to, renovate, or improve vessels, small boats, and
related equipment; $295,000,000 to acquire, effect major repairs to,
renovate, or improve aircraft or increase aviation capability;
$65,100,000 for other acquisition programs; $181,600,000 for shore
facilities and aids to navigation, including facilities at Department
of Defense installations used by the Coast Guard; and $118,069,000, to
remain available until September 30, 2016, for personnel compensation
and benefits and related costs: Provided, That of the funds provided
by this Act, not less than $640,000,000 shall be immediately available
and allotted to contract for the production of the ninth National
Security Cutter notwithstanding the availability of funds for post-
production costs: Provided further, That the Commandant of the Coast
Guard shall submit to the Congress, at the time the President's budget
proposal for fiscal year 2017 is submitted pursuant to section 1105(a)
of title 31, United States Code, a future-years capital investment plan
as described in the second proviso under the heading ``Coast Guard,
Acquisition, Construction, and Improvements'' in the Department of
Homeland Security Appropriations Act, 2015 (Public Law 114-4), which
shall be subject to the requirements in the third and fourth provisos
under such heading.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$18,019,000, to remain available until September 30, 2018, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited
to and used for the purposes of this appropriation funds received from
State and local governments, other public authorities, private sources,
and foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts, and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,604,000,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-type use
for replacement only; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the Director of
the United States Secret Service; rental of buildings in the District
of Columbia, and fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control, as
may be necessary to perform protective functions; payment of per diem
or subsistence allowances to employees in cases in which a protective
assignment on the actual day or days of the visit of a protectee
requires an employee to work 16 hours per day or to remain overnight at
a post of duty; conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret Service
employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if approval is obtained in
advance from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to conduct
behavioral research in support of protective research and operations;
and payment in advance for commercial accommodations as may be
necessary to perform protective functions; $1,854,526,000; of which not
to exceed $19,125 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for forensic
and related support of investigations of missing and exploited
children; of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children and shall
remain available until September 30, 2017; and of which not less than
$12,000,000 shall be for activities related to training in electronic
crimes investigations and forensics: Provided, That $18,000,000 for
protective travel shall remain available until September 30, 2017:
Provided further, That of the amounts made available under this heading
for security improvements at the White House complex, $8,200,000 shall
remain available until September 30, 2017: Provided further, That
$4,500,000 for National Special Security Events shall remain available
until expended: Provided further, That the United States Secret
Service is authorized to obligate funds in anticipation of
reimbursements from Federal agencies and entities, as defined in
section 105 of title 5, United States Code, for personnel receiving
training sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year: Provided further, That none of the funds made available
under this heading shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that the
Secretary of Homeland Security, or the designee of the Secretary, may
waive that amount as necessary for national security purposes:
Provided further, That none of the funds made available to the United
States Secret Service by this Act or by previous appropriations Acts
may be made available for the protection of the head of a Federal
agency other than the Secretary of Homeland Security: Provided
further, That the Director of the United States Secret Service may
enter into an agreement to provide such protection on a fully
reimbursable basis: Provided further, That none of the funds made
available to the United States Secret Service by this Act or by
previous appropriations Acts may be obligated for the purpose of
opening a new permanent domestic or overseas office or location unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such obligation:
Provided further, That for purposes of section 503 of this Act,
$15,000,000 or 10 percent, whichever is less, may be reprogrammed
between Protection of Persons and Facilities and Domestic Field
Operations.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of physical and technological
infrastructure, $79,019,000, to remain available until September 30,
2018.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For the management and administration of the National Protection
and Programs Directorate, and support for operations and information
technology, $62,132,000: Provided, That not to exceed $3,825 shall be
for official reception and representation expenses.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$1,291,000,000, of which $289,650,000 shall remain available until
September 30, 2017.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Director of the Federal Protective Service shall submit at the time
the President's budget proposal for fiscal year 2017 is submitted
pursuant to section 1105(a) of title 31, United States Code, a
strategic human capital plan that aligns fee collections to personnel
requirements based on a current threat assessment.
office of biometric identity management
For necessary expenses for the Office of Biometric Identity
Management, as authorized by section 7208 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $282,473,000, of
which $159,054,000 shall remain available until September 30, 2018.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$125,369,000; of which $27,010,000 is for salaries and expenses and
$82,078,000 is for BioWatch operations: Provided, That of the amount
made available under this heading, $16,281,000 shall remain available
until September 30, 2017, for biosurveillance, chemical defense,
medical and health planning and coordination, and workforce health
protection.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management Agency,
$960,754,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
the National Dam Safety Program Act (33 U.S.C. 467 et seq.), the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Post-Katrina Emergency Management Reform Act of 2006 (Public
Law 109-295; 120 Stat. 1394), the Biggert-Waters Flood Insurance Reform
Act of 2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner
Flood Insurance Affordability Act of 2014 (Public Law 113-89):
Provided, That not to exceed $2,250 shall be for official reception and
representation expenses: Provided further, That of the total amount
made available under this heading, $35,180,000 shall be for the Urban
Search and Rescue Response System, of which none is available for
Federal Emergency Management Agency administrative costs: Provided
further, That of the total amount made available under this heading,
$27,500,000 shall remain available until September 30, 2017, for
capital improvements and other expenses related to continuity of
operations at the Mount Weather Emergency Operations Center: Provided
further, That of the total amount made available, $3,422,000 shall be
for the Office of National Capital Region Coordination.
state and local programs
For grants, contracts, cooperative agreements, and other
activities, $1,500,000,000, which shall be allocated as follows:
(1) $467,000,000 shall be for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605), of which $55,000,000 shall be for Operation
Stonegarden: Provided, That notwithstanding subsection (c)(4) of
such section 2004, for fiscal year 2016, the Commonwealth of Puerto
Rico shall make available to local and tribal governments amounts
provided to the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $600,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of 2002
(6 U.S.C. 604), of which $20,000,000 shall be for organizations (as
described under section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such code)
determined by the Secretary of Homeland Security to be at high risk
of a terrorist attack.
(3) $100,000,000 shall be for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182), of which
$10,000,000 shall be for Amtrak security and $3,000,000 shall be
for Over-the-Road Bus Security: Provided, That such public
transportation security assistance shall be provided directly to
public transportation agencies.
(4) $100,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(5) $233,000,000 shall be to sustain current operations for
training, exercises, technical assistance, and other programs, of
which $162,991,000 shall be for training of State, local, and
tribal emergency response providers:
Provided, That for grants under paragraphs (1) through (4),
applications for grants shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act, that
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after the receipt
of an application: Provided further, That notwithstanding section
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11))
or any other provision of law, a grantee may not use more than 5
percent of the amount of a grant made available under this heading for
expenses directly related to administration of the grant: Provided
further, That for grants under paragraphs (1) and (2), the installation
of communications towers is not considered construction of a building
or other physical facility: Provided further, That grantees shall
provide reports on their use of funds, as determined necessary by the
Secretary of Homeland Security: Provided further, That notwithstanding
section 509 of this Act, the Administrator of the Federal Emergency
Management Agency may use the funds provided in paragraph (5) to
acquire real property for the purpose of establishing or appropriately
extending the security buffer zones around Federal Emergency Management
Agency training facilities.
firefighter assistance grants
For grants for programs authorized by the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.), $690,000,000, to
remain available until September 30, 2017, of which $345,000,000 shall
be available to carry out section 33 of that Act (15 U.S.C. 2229) and
$345,000,000 shall be available to carry out section 34 of that Act (15
U.S.C. 2229a).
emergency management performance grants
For emergency management performance grants, as authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), $350,000,000.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2016, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2016, and remain
available until expended.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$7,374,693,000 to remain available until expended, of which $24,000,000
shall be transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related to disasters:
Provided, That the reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency, Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2016 with
respect to budget year 2017 and current fiscal year 2016, respectively,
by substituting ``fiscal year 2017'' for ``fiscal year 2016'' in
paragraph (1): Provided further, That of the amount provided under
this heading, $6,712,953,000 shall be for major disasters declared
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.): Provided further, That the
amount in the preceding proviso is designated by the Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), and under sections 100215, 100216, 100226, 100230, and 100246 of
the Biggert-Waters Flood Insurance Reform Act of 2012, (Public Law 112-
141, 126 Stat. 916), $190,000,000, and such additional sums as may be
provided by State and local governments or other political subdivisions
for cost-shared mapping activities under section 1360(f)(2) of such Act
(42 U.S.C. 4101(f)(2)), to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $181,198,000, which shall remain available until September 30,
2017, and shall be derived from offsetting amounts collected under
section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $25,299,000 shall be available for salaries and
expenses associated with flood management and flood insurance
operations and $155,899,000 shall be available for flood plain
management and flood mapping: Provided, That any additional fees
collected pursuant to section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting
collection to this account, to be available for flood plain management
and flood mapping: Provided further, That in fiscal year 2016, no
funds shall be available from the National Flood Insurance Fund under
section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C.
4017) in excess of:
(1) $133,252,000 for operating expenses;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until expended,
for flood mitigation actions and for flood mitigation assistance
under section 1366 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104c), notwithstanding sections 1366(e) and 1310(a)(7) of
such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 shall be deposited
in the National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood Insurance
Act of 1968, notwithstanding section 102(f)(8), section 1366(e), and
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C.
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $100,000,000, to remain available until expended.
emergency food and shelter
To carry out the Emergency Food and Shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $120,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading: Provided
further, That if the President's budget proposal for fiscal year 2017,
submitted pursuant to section 1105(a) of title 31, United States Code,
proposes to move the Emergency Food and Shelter program from the
Federal Emergency Management Agency to the Department of Housing and
Urban Development, or to fund such program directly through the
Department of Housing and Urban Development, a joint transition plan
from the Federal Emergency Management Agency and the Department of
Housing and Urban Development shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives not later
than 90 days after the date the fiscal year 2017 budget is submitted to
Congress: Provided further, That such plan shall include details on
the transition of programmatic responsibilities, efforts to consult
with stakeholders, and mechanisms to ensure that the original purpose
of the program will be retained.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$119,671,000 for the E-Verify Program, as described in section 403(a)
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), to assist United States employers with
maintaining a legal workforce: Provided, That notwithstanding any
other provision of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire, operate,
equip, and dispose of up to 5 vehicles, for replacement only, for areas
where the Administrator of General Services does not provide vehicles
for lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees who are
assigned to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $217,485,000; of which up to $38,981,000 shall
remain available until September 30, 2017, for materials and support
costs of Federal law enforcement basic training; and of which not to
exceed $7,180 shall be for official reception and representation
expenses: Provided, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources available at
the end of the fiscal year: Provided further, That section 1202(a) of
Public Law 107-206 (42 U.S.C. 3771 note), as amended under this heading
in Public Law 114-4, is further amended by striking ``December 31,
2017'' and inserting ``December 31, 2018'': Provided further, That the
Director of the Federal Law Enforcement Training Center shall schedule
basic or advanced law enforcement training, or both, at all four
training facilities under the control of the Federal Law Enforcement
Training Center to ensure that such training facilities are operated at
the highest capacity throughout the fiscal year: Provided further,
That the Federal Law Enforcement Training Accreditation Board,
including representatives from the Federal law enforcement community
and non-Federal accreditation experts involved in law enforcement
training, shall lead the Federal law enforcement training accreditation
process to continue the implementation of measuring and assessing the
quality and effectiveness of Federal law enforcement training programs,
facilities, and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $27,553,000, to remain available until September 30,
2020: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $131,531,000: Provided,
That not to exceed $7,650 shall be for official reception and
representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation,
acquisition, and operations as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease
of not to exceed 5 vehicles, $655,407,000, to remain available until
September 30, 2018.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office,
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.), for management and administration of programs and
activities, $38,109,000: Provided, That not to exceed $2,250 shall be
for official reception and representation expenses.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $196,000,000, to
remain available until September 30, 2018.
systems acquisition
For necessary expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems in
accordance with the global nuclear detection architecture,
$113,011,000, to remain available until September 30, 2018.
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2016, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) contracts out any function or activity presently performed
by Federal employees or any new function or activity proposed to be
performed by Federal employees in the President's budget proposal
for fiscal year 2016 for the Department of Homeland Security;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces any program, project, or activity, or numbers of
personnel by 10 percent; or
(7) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(b) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations.
(c) Any transfer under this section shall be treated as a
reprogramming of funds under subsection (a) and shall not be available
for obligation unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in advance of
such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations based upon
an initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in this
section shall apply to any use of deobligated balances of funds
provided in previous Department of Homeland Security Appropriations
Acts.
Sec. 504. The Department of Homeland Security Working Capital
Fund, established pursuant to section 403 of Public Law 103-356 (31
U.S.C. 501 note), shall continue operations as a permanent working
capital fund for fiscal year 2016: Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to make payments to the Working Capital Fund,
except for the activities and amounts allowed in the President's fiscal
year 2016 budget: Provided further, That funds provided to the Working
Capital Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided further, That
all Departmental components shall be charged only for direct usage of
each Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service: Provided further,
That the Committees on Appropriations of the Senate and the House of
Representatives shall be notified of any activity added to or removed
from the fund: Provided further, That for any activity added to the
fund, the notification shall identify sources of funds by program,
project, and activity: Provided further, That the Chief Financial
Officer of the Department of Homeland Security shall submit a quarterly
execution report with activity level detail, not later than 30 days
after the end of each quarter.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2016, as recorded in the financial records at the
time of a reprogramming request, but not later than June 30, 2017, from
appropriations for salaries and expenses for fiscal year 2016 in this
Act shall remain available through September 30, 2017, in the account
and for the purposes for which the appropriations were provided:
Provided, That prior to the obligation of such funds, a request shall
be submitted to the Committees on Appropriations of the Senate and the
House of Representatives for approval in accordance with section 503 of
this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2016 until the enactment of an Act authorizing
intelligence activities for fiscal year 2016.
Sec. 507. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used to--
(1) make or award a grant allocation, grant, contract, other
transaction agreement, or task or delivery order on a Department of
Homeland Security multiple award contract, or to issue a letter of
intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation of
funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds;
(3) make a sole-source grant award; or
(4) announce publicly the intention to make or award items
under paragraph (1), (2), or (3) including a contract covered by
the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the prohibition
under subsection (a) if the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives at least
3 full business days in advance of making an award or issuing a letter
as described in that subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year for
which the funds for the award were appropriated; the type of
contract; and the account from which the funds are being drawn.
(e) The Administrator of the Federal Emergency Management Agency
shall brief the Committees on Appropriations of the Senate and the
House of Representatives 5 full business days in advance of announcing
publicly the intention of making an award under ``State and Local
Programs''.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training that
cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. (a) Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 2073 and 2074) shall apply with respect to funds
made available in this Act in the same manner as such sections applied
to funds made available in that Act.
(b) The third proviso of section 537 of the Department of Homeland
Security Appropriations Act, 2006 (6 U.S.C. 114), shall hereafter not
apply with respect to funds made available in this or any other Act.
(c) Section 525 of Public Law 109-90 is amended by striking
``thereafter'', and section 554 of Public Law 111-83 is amended by
striking ``and shall report annually thereafter''.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act.
For purposes of the preceding sentence, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report for that
month that includes total obligations of the Department for that month
for the fiscal year at the appropriation and program, project, and
activity levels, by the source year of the appropriation: Provided,
That total obligations for staffing shall also be provided by
subcategory of on-board and funded full-time equivalent staffing
levels, respectively: Provided further, That the report shall specify
the number of, and total obligations for, contract employees for each
office of the Department.
Sec. 514. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'', and
``Transportation Security Support'' for fiscal years 2004 and 2005 that
are recovered or deobligated shall be available only for the
procurement or installation of explosives detection systems, air cargo,
baggage, and checkpoint screening systems, subject to notification:
Provided, That semiannual reports shall be submitted to the Committees
on Appropriations of the Senate and the House of Representatives on any
funds that are recovered or deobligated.
Sec. 515. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of United States
Citizenship and Immigration Services of the Department of Homeland
Security who are known as Immigration Information Officers, Immigration
Service Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 516. Any funds appropriated to ``Coast Guard, Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Fast Response Cutter program.
Sec. 517. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 518. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2016, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
year 2016.
(b) The Inspector General shall review the report required by
subsection (a) to assess Departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2017.
Sec. 519. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position designated as a
Principal Federal Official (or the successor thereto) for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) declared disasters or emergencies unless--
(1) the responsibilities of the Principal Federal Official do
not include operational functions related to incident management,
including coordination of operations, and are consistent with the
requirements of section 509(c) and sections 503(c)(3) and
503(c)(4)(A) of the Homeland Security Act of 2002 (6 U.S.C. 319(c),
313(c)(3), and 313(c)(4)(A)) and section 302 of the Robert T.
Stafford Disaster Relief and Assistance Act (42 U.S.C. 5143);
(2) not later than 10 business days after the latter of the
date on which the Secretary of Homeland Security appoints the
Principal Federal Official and the date on which the President
issues a declaration under section 401 or section 501 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 and 5191, respectively), the Secretary of Homeland Security
shall submit a notification of the appointment of the Principal
Federal Official and a description of the responsibilities of such
Official and how such responsibilities are consistent with
paragraph (1) to the Committees on Appropriations of the Senate and
the House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives;
and
(3) not later than 60 days after the date of enactment of this
Act, the Secretary shall provide a report specifying timeframes and
milestones regarding the update of operations, planning and policy
documents, and training and exercise protocols, to ensure
consistency with paragraph (1) of this section.
Sec. 520. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by
Congress.
Sec. 521. (a) None of the funds appropriated by this or previous
appropriations Acts may be used to establish an Office of Chemical,
Biological, Radiological, Nuclear, and Explosives Defense until such
time as Congress has authorized such establishment.
(b) Subject to the limitation in subsection (a) and notwithstanding
section 503 of this Act, the Secretary may transfer funds for the
purpose of executing authorization of the Office of Chemical,
Biological, Radiological, Nuclear, and Explosives Defense.
(c) Not later than 15 days before transferring funds pursuant to
subsection (b), the Secretary of Homeland Security shall submit a
report to the Committees on Appropriations of the Senate and the House
of Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committee on Homeland Security of the
House of Representatives on--
(1) the transition plan for the establishment of the office;
and
(2) the funds and positions to be transferred by source.
Sec. 522. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 523. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2015,'' and inserting ``Until September 30, 2016,''; and
(2) in subsection (c)(1), by striking ``September 30, 2015,''
and inserting ``September 30, 2016,''.
Sec. 524. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).
Sec. 525. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b) for the transportation of crude oil distributed from and
to the Strategic Petroleum Reserve until the Secretary of Homeland
Security, after consultation with the Secretaries of the Departments of
Energy and Transportation and representatives from the United States
flag maritime industry, takes adequate measures to ensure the use of
United States flag vessels: Provided, That the Secretary shall notify
the Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any request
for waivers of navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b).
Sec. 526. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 527. None of the funds in this Act shall be used to reduce
the Coast Guard's Operations Systems Center mission or its government-
employed or contract staff levels.
Sec. 528. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9703.1(g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.
Sec. 529. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 530. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 531. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 532. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 533. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 534. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 535. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 536. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 537. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes
take into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 538. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, up to $10,000,000 may be allocated by United States
Citizenship and Immigration Services in fiscal year 2016 for the
purpose of providing an immigrant integration grants program.
(b) None of the funds made available to United States Citizenship
and Immigration Services for grants for immigrant integration may be
used to provide services to aliens who have not been lawfully admitted
for permanent residence.
Sec. 539. For an additional amount for the ``Office of the Under
Secretary for Management'', $215,679,000, to remain available until
expended, for necessary expenses to plan, acquire, design, construct,
renovate, remediate, equip, furnish, improve infrastructure, and occupy
buildings and facilities for the Department headquarters consolidation
project and associated mission support consolidation: Provided, That
the Committees on Appropriations of the Senate and the House of
Representatives shall receive an expenditure plan not later than 90
days after the date of enactment of this Act detailing the allocation
of these funds.
Sec. 540. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code, or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 541. (a) For an additional amount for financial systems
modernization, $52,977,000 to remain available until September 30,
2017.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section
503 of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 542. (a) For an additional amount for cybersecurity to
safeguard and enhance Department of Homeland Security systems and
capabilities, $100,000,000 to remain available until September 30,
2017.
(b) Funds made available in subsection (a) for cybersecurity may be
transferred by the Secretary of Homeland Security between
appropriations for the same purpose, notwithstanding section 503 of
this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 543. (a) For an additional amount for emergent threats from
violent extremism and from complex, coordinated terrorist attacks,
$50,000,000 to remain available until September 30, 2017.
(b) Funds made available in subsection (a) for emergent threats may
be transferred by the Secretary of Homeland Security between
appropriations for the same purpose, notwithstanding section 503 of
this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 544. The Secretary of Homeland Security may transfer to the
fund established by 8 U.S.C. 1101 note, up to $20,000,000 from
appropriations available to the Department of Homeland Security:
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 5 days in
advance of such transfer.
Sec. 545. The Secretary of Homeland Security shall ensure
enforcement of all immigration laws (as defined in section 101(a)(17)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
Sec. 546. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 547. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 548. None of the funds provided in this or any other Act may
be obligated to implement the National Preparedness Grant Program or
any other successor grant programs unless explicitly authorized by
Congress.
Sec. 549. None of the funds made available in this Act may be used
to provide funding for the position of Public Advocate, or a successor
position, within U.S. Immigration and Customs Enforcement.
Sec. 550. Section 559(e)(3)(D) of Public Law 113-76 is amended by
striking ``five pilots per year'' and inserting ``10 pilots per year''.
Sec. 551. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided further,
That the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
Sec. 552. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 553. With the exception of countries with preclearance
facilities in service prior to 2013, none of the funds made available
in this Act may be used for new U.S. Customs and Border Protection air
preclearance agreements entering into force after February 1, 2014,
unless: (1) the Secretary of Homeland Security, in consultation with
the Secretary of State, has certified to Congress that air preclearance
operations at the airport provide a homeland or national security
benefit to the United States; (2) U.S. passenger air carriers are not
precluded from operating at existing preclearance locations; and (3) a
U.S. passenger air carrier is operating at all airports contemplated
for establishment of new air preclearance operations.
Sec. 554. None of the funds made available by this or any other
Act may be used by the Administrator of the Transportation Security
Administration to implement, administer, or enforce, in abrogation of
the responsibility described in section 44903(n)(1) of title 49, United
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any
airport at which the Transportation Security Administration provided
such monitoring as of December 1, 2013.
Sec. 555. The administrative law judge annuitants participating in
the Senior Administrative Law Judge Program managed by the Director of
the Office of Personnel Management under section 3323 of title 5,
United States Code, shall be available on a temporary reemployment
basis to conduct arbitrations of disputes arising from delivery of
assistance under the Federal Emergency Management Agency Public
Assistance Program.
Sec. 556. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42) fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 557. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time equivalent
employee positions or costs more than $5,000,000 in a single year
before the end of the 30-day period beginning on the date on which the
Secretary of Homeland Security submits to Congress a notification that
includes--
(1) the number of full-time equivalent employee positions
affected by such change;
(2) funding required for such change for the current year and
through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 558. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public Web site
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland or
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days except as otherwise
specified in law.
Sec. 559. (a) In General.--Beginning on the date of enactment of
this Act, the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) Border Crossing Fee Defined.--In this section, the term
``border crossing fee'' means a fee that every pedestrian, cyclist, and
driver and passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern border at
a land port of entry.
Sec. 560. Notwithstanding any other provision of law, grants
awarded to States along the Southwest Border of the United States under
sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C.
604 and 605) using funds provided under the heading ``Federal Emergency
Management Agency, State and Local Programs'' in this Act, Public Law
114-4, division F of Public Law 113-76, or division D of Public Law
113-6 may be used by recipients or sub-recipients for costs, or
reimbursement of costs, related to providing humanitarian relief to
unaccompanied alien children and alien adults accompanied by an alien
minor where they are encountered after entering the United States,
provided that such costs were incurred between January 1, 2014, and
December 31, 2014, or during the award period of performance.
Sec. 561. (a) Each major acquisition program of the Department of
Homeland Security, as defined in Department of Homeland Security
Management Directive 102-2, shall meet established acquisition
documentation requirements for its acquisition program baseline
established in the Department of Homeland Security Instruction Manual
102-01-001 and the Department of Homeland Security Acquisition
Instruction/Guidebook 102-01-001, Appendix K.
(b) The Department shall report to the Committees on Appropriations
of the Senate and the House of Representatives in the Comprehensive
Acquisition Status Report and its quarterly updates, required under the
heading ``Office of the Under Secretary for Management'' of this Act,
on any major acquisition program that does not meet such documentation
requirements and the schedule by which the program will come into
compliance with these requirements.
(c) None of the funds made available by this or any other Act for
any fiscal year may be used for a major acquisition program that is out
of compliance with such documentation requirements for more than two
years except that funds may be used solely to come into compliance with
such documentation requirements or to terminate the program.
Sec. 562. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
proposal to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on the Department of
Homeland Security that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should occur
in the event the user fees proposals are not enacted prior to the date
of the convening of a committee of conference for the fiscal year 2017
appropriations Act.
Sec. 563. (a) The Secretary of Homeland Security may include, in
the President's budget proposal for fiscal year 2017, submitted
pursuant to section 1105(a) of title 31, United States Code, and
accompanying justification materials, an account structure under which
each appropriation under each agency heading either remains the same as
fiscal year 2016 or falls within the following categories of
appropriations:
(1) Operations and Support.
(2) Procurements, Construction, and Improvements.
(3) Research and Development.
(4) Federal Assistance.
(b) The Under Secretary for Management, acting through the Chief
Financial Officer, shall determine and provide centralized guidance to
each agency on how to structure appropriations for purposes of
subsection (a).
(c) Not earlier than October 1, 2016, the accounts designated under
subsection (a) may be established, and the Secretary of Homeland
Security may execute appropriations of the Department as provided
pursuant to such subsection, including any continuing appropriations
made available for fiscal year 2017 before enactment of a regular
appropriations Act.
(d) Notwithstanding any other provision of law, the Secretary of
Homeland Security may transfer any appropriation made available to the
Department of Homeland Security by any appropriations Acts to the
accounts created pursuant to subsection (c) to carry out the
requirements of such subsection, and shall notify the Committees on
Appropriations of the Senate and the House of Representatives within 5
days of each transfer.
(e)(1) Not later than November 1, 2016, the Secretary of Homeland
Security shall establish the preliminary baseline for application of
reprogramming and transfer authorities and submit the report specified
in paragraph (2) to the Committees on Appropriations of the Senate and
the House of Representatives.
(2) The report required in this subsection shall include--
(A) a delineation of the amount and account of each transfer
made pursuant to subsection (c) or (d);
(B) a table for each appropriation with a separate column to
display the President's budget proposal, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
adjustments made pursuant to the transfer authority in subsection
(c) or (d), and the fiscal year level;
(C) a delineation in the table for each appropriation, adjusted
as described in paragraph (2), both by budget activity and program,
project, and activity as detailed in the Budget Appendix; and
(D) an identification of funds directed for a specific
activity.
(f) The Secretary shall not exercise the authority provided in
subsections (c), (d), and (e) unless, not later than April 1, 2016, the
Chief Financial Officer has submitted to the Committees on
Appropriations of the Senate and the House of Representatives--
(1) technical assistance on new legislative language in the
account structure under subsection (a);
(2) comparison tables of fiscal years 2015, 2016, and 2017 in
the account structure under subsection (a);
(3) cross-component comparisons that the account structure
under subsection (a) facilitates;
(4) a copy of the interim financial management policy manual
addressing changes made in this Act;
(5) an outline of the financial management policy manual
changes necessary for the account structure under subsection (a);
(6) proposed changes to transfer and reprogramming
requirements, including technical assistance on legislative
language;
(7) certification by the Chief Financial Officer that the
Department's financial systems can report in the new account
structure; and
(8) a plan for training and implementation of the account
structure under subsections (a) and (c).
Sec. 564. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 565. Section 214(g)(9)(A) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)(9)(A)) is amended by striking ``2004, 2005, or
2006 shall not again be counted toward such limitation during fiscal
year 2007.'' and inserting ``2013, 2014, or 2015 shall not again be
counted toward such limitation during fiscal year 2016.''.
Sec. 566. For an additional amount for ``U.S. Customs and Border
Protection, Salaries and Expenses'', $14,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation from amounts authorized to be collected by section 286(i)
of the Immigration and Nationality Act (8 U.S.C. 1356(i)), section
10412 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8311), and section 817 of the Trade Facilitation and Trade Enforcement
Act of 2015: Provided, That to the extent that amounts realized from
such collections exceed $14,000,000, those amounts in excess of
$14,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That this authority is
contingent on enactment of the Trade Facilitation and Trade Enforcement
Act of 2015.
(rescissions)
Sec. 567. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177):
(1) $27,338,000 from Public Law 109-88;
(2) $4,188,000 from unobligated prior year balances from
``Analysis and Operations'';
(3) $7,000,000 from unobligated prior year balances from ``U.S.
Customs and Border Protection, Automation Modernization'';
(4) $21,856,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Border Security, Fencing,
Infrastructure, and Technology'';
(5) $4,500,000 from unobligated prior year balances from ``U.S.
Customs and Border Protection, Construction and Facilities
Management'';
(6) $158,414,000 from Public Law 114-4 under the heading
``Transportation Security Administration, Aviation Security'';
(7) $14,000,000 from Public Law 114-4 under the heading
``Transportation Security Administration, Surface Transportation
Security'';
(8) $5,800,000 from Public Law 112-74 under the heading ``Coast
Guard, Acquisition, Construction, and Improvements'';
(9) $16,445,000 from Public Law 113-76 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(10) $13,758,918 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund'' account 70 <greek-e> 0716;
(11) $393,178 from Public Law 113-6 under the heading ``Science
and Technology, Research, Development, Acquisition, and
Operations'';
(12) $8,500,000 from Public Law 113-76 under the heading
``Science and Technology, Research, Development, Acquisition, and
Operations''; and
(13) $1,106,822 from Public Law 114-4 under the heading
``Science and Technology, Research, Development, Acquisition, and
Operations''.
(rescissions)
Sec. 568. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $417,017 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(2) $15,238 from ``Federal Emergency Management Agency, Office
of Domestic Preparedness''; and
(3) $573,828 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund''.
(rescissions)
Sec. 569. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2015 (Public Law
114-4) are rescinded:
(1) $361,242 from ``Office of the Secretary and Executive
Management'';
(2) $146,547 from ``Office of the Under Secretary for
Management'';
(3) $25,859 from ``Office of the Chief Financial Officer'';
(4) $507,893 from ``Office of the Chief Information Officer'';
(5) $301,637 from ``Analysis and Operations'';
(6) $20,856 from ``Office of Inspector General'';
(7) $598,201 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(8) $254,322 from ``U.S. Customs and Border Protection,
Automation Modernization'';
(9) $450,806 from ``U.S. Customs and Border Protection, Air and
Marine Operations'';
(10) $2,461,665 from ``U.S. Immigration and Customs
Enforcement, Salaries and Expenses'';
(11) $8,653,853 from ``Coast Guard, Operating Expenses'';
(12) $515,040 from ``Coast Guard, Reserve Training'';
(13) $970,844 from ``Coast Guard, Acquisition, Construction,
and Improvements'';
(14) $4,212,971 from ``United States Secret Service, Salaries
and Expenses'';
(15) $27,360 from ``National Protection and Programs
Directorate, Management and Administration'';
(16) $188,146 from ``National Protection and Programs
Directorate, Infrastructure Protection and Information Security'';
(17) $986 from ``National Protection and Programs Directorate,
Office of Biometric Identity Management'';
(18) $20,650 from ``Office of Health Affairs'';
(19) $236,332 from ``Federal Emergency Management Agency,
United States Fire Administration'';
(20) $3,086,173 from ``United States Citizenship and
Immigration Services'';
(21) $558,012 from ``Federal Law Enforcement Training Center,
Salaries and Expenses'';
(22) $284,796 from ``Science and Technology, Management and
Administration''; and
(23) $83,861 from ``Domestic Nuclear Detection Office,
Management and Administration''.
(rescission)
Sec. 570. From the unobligated balances made available in the
Department of the Treasury Forfeiture Fund established by section 9703
of title 31, United States Code (added by section 638 of Public Law
102-393), $176,000,000 shall be rescinded.
(rescission)
Sec. 571. Of the unobligated balances made available to ``Federal
Emergency Management Agency, Disaster Relief Fund'', $1,021,879,000
shall be rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That no amounts may be rescinded from the amounts
that were designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 572. Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be
applied by substituting ``September 30, 2016'' for the date specified
in section 106(3) of the Continuing Appropriations Act, 2016 (Public
Law 114-53).
Sec. 573. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and
(III)) shall be applied by substituting ``September 30, 2016'' for the
date specified in section 106(3) of the Continuing Appropriations Act,
2016 (Public Law 114-53).
Sec. 574. Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied
by substituting ``September 30, 2016'' for the date specified in
section 106(3) of the Continuing Appropriations Act, 2016 (Public Law
114-53).
Sec. 575. Section 610(b) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note) shall be applied by substituting ``September 30,
2016'' for the date specified in section 106(3) of the Continuing
Appropriations Act, 2016 (Public Law 114-53).
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2016''.
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,072,675,000, to remain available until expended, including all such
amounts as are collected from permit processing fees, as authorized but
made subject to future appropriation by section 35(d)(3)(A)(i) of the
Mineral Leasing Act (30 U.S.C. 191), except that amounts from permit
processing fees may be used for any bureau-related expenses associated
with the processing of oil and gas applications for permits to drill
and related use of authorizations; of which $3,000,000 shall be
available in fiscal year 2016 subject to a match by at least an equal
amount by the National Fish and Wildlife Foundation for cost-shared
projects supporting conservation of Bureau lands; and such funds shall
be advanced to the Foundation as a lump-sum grant without regard to
when expenses are incurred.
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2016, so as to result in a final appropriation estimated at
not more than $1,072,675,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $38,630,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$107,734,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 1181f).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That, notwithstanding any
provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for processing
into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,238,771,000, to remain
available until September 30, 2017: Provided, That not to exceed
$20,515,000 shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of
which not to exceed $4,605,000 shall be used for any activity regarding
the designation of critical habitat, pursuant to subsection (a)(3),
excluding litigation support, for species listed pursuant to subsection
(a)(1) prior to October 1, 2014; of which not to exceed $1,501,000
shall be used for any activity regarding petitions to list species that
are indigenous to the United States pursuant to subsections (b)(3)(A)
and (b)(3)(B); and, of which not to exceed $1,504,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533) for species that are
not indigenous to the United States.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$23,687,000, to remain available until expended.
land acquisition
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance with
statutory authority applicable to the United States Fish and Wildlife
Service, $68,500,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of which,
notwithstanding section 200306 of title 54, United States Code, not
more than $10,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004, including not to
exceed $320,000 for administrative expenses: Provided, That none of
the funds appropriated for specific land acquisition projects may be
used to pay for any administrative overhead, planning or other
management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $53,495,000, to remain available
until expended, of which $22,695,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$30,800,000 is to be derived from the Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$35,145,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $11,061,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $60,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$4,084,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $5,487,000 is for a competitive grant program to
implement approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the regional
Associations of fish and wildlife agencies, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $9,571,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary shall apportion the remaining amount in the following manner:
(1) one-third of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and (2)
two-thirds of which is based on the ratio to which the population of
such State bears to the total population of all such States: Provided
further, That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment under
this paragraph for any fiscal year or more than 5 percent of such
amount: Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the non-
Federal share of such projects may not be derived from Federal grant
programs: Provided further, That any amount apportioned in 2016 to any
State, territory, or other jurisdiction that remains unobligated as of
September 30, 2017, shall be reapportioned, together with funds
appropriated in 2018, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,369,596,000, of which $10,001,000 for planning and
interagency coordination in support of Everglades restoration and
$99,461,000 for maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30, 2017:
Provided, That funds appropriated under this heading in this Act are
available for the purposes of section 5 of Public Law 95-348 and
section 204 of Public Law 93-486, as amended by section 1(3) of Public
Law 100-355.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $62,632,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $65,410,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2017, of which $500,000 is
for competitive grants for the survey and nomination of properties to
the National Register of Historic Places and as National Historic
Landmarks associated with communities currently underrepresented, as
determined by the Secretary, and of which $8,000,000 is for competitive
grants to preserve the sites and stories of the Civil Rights movement:
Provided, That such competitive grants shall be made without imposing
the matching requirements in section 302902(b)(3) of title 54, United
States Code to States and Indian tribes as defined in chapter 3003 of
such title, Native Hawaiian organizations, local governments, including
Certified Local Governments, and nonprofit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, including modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989 (16
U.S.C. 410r-8), $192,937,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, for any
project initially funded in fiscal year 2016 with a future phase
indicated in the National Park Service 5-Year Line Item Construction
Plan, a single procurement may be issued which includes the full scope
of the project: Provided further, That the solicitation and contract
shall contain the clause availability of funds found at 48 CFR 52.232-
18: Provided further, That National Park Service Donations, Park
Concessions Franchise Fees, and Recreation Fees may be made available
for the cost of adjustments and changes within the original scope of
effort for projects funded by the National Park Service Construction
appropriation: Provided further, That the Secretary of the Interior
shall consult with the Committees on Appropriations, in accordance with
current reprogramming thresholds, prior to making any charges
authorized by this section.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2016 by section
200308 of title 54, United States Code, is rescinded.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of lands or waters, or interest therein, in accordance with
the statutory authority applicable to the National Park Service,
$173,670,000, to be derived from the Land and Water Conservation Fund
and to remain available until expended, of which $110,000,000 is for
the State assistance program and of which $10,000,000 shall be for the
American Battlefield Protection Program grants as authorized by chapter
3081 of title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $15,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts
over the term of the contract at that unit exceed the amount of funds
used to extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
In fiscal year 2016 and each fiscal year thereafter, any amounts
deposited into the National Park Service trust fund accounts (31 U.S.C.
1321(a)(l7)-(18)) shall be invested by the Secretary of the Treasury in
interest bearing obligations of the United States to the extent such
amounts are not, in his judgment, required to meet current withdrawals:
Provided, That interest earned by such investments shall be available
for obligation without further appropriation, to the benefit of the
project.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,062,000,000,
to remain available until September 30, 2017; of which $57,637,189
shall remain available until expended for satellite operations; and of
which $7,280,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee for
Geological Sciences; and payment of compensation and expenses of
persons employed by the Survey duly appointed to represent the United
States in the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or cooperative
agreements as defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey may enter
into contracts or cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations, without regard
to 41 U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code, relating
to compensation for travel and work injuries, and chapter 171 of title
28, United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements, rights-of-
way and agreements for use for oil and gas, other minerals, energy, and
marine-related purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for environmental
studies, as authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and for
matching grants or cooperative agreements, $170,857,000, of which
$74,235,000, is to remain available until September 30, 2017 and of
which $96,622,000 is to remain available until expended: Provided,
That this total appropriation shall be reduced by amounts collected by
the Secretary and credited to this appropriation from additions to
receipts resulting from increases to lease rental rates in effect on
August 5, 1993, and from cost recovery fees from activities conducted
by the Bureau of Ocean Energy Management pursuant to the Outer
Continental Shelf Lands Act, including studies, assessments, analysis,
and miscellaneous administrative activities: Provided further, That
the sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2016 appropriation estimated at not more than $74,235,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $124,772,000, of which $67,565,000 is to remain
available until September 30, 2017 and of which $57,207,000 is to
remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2016 appropriation estimated at not more than $67,565,000.
For an additional amount, $65,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2016, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $65,000,000, the amounts realized in excess
of $65,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2016,
not less than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund personnel
and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $14,899,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$123,253,000, to remain available until September 30, 2017: Provided,
That appropriations for the Office of Surface Mining Reclamation and
Enforcement may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as collections are received during the fiscal year, so as to result in
a fiscal year 2016 appropriation estimated at not more than
$123,253,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $27,303,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $90,000,000, to remain available until expended, for
grants to States for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That such additional
amount shall be used for economic and community development in
conjunction with the priorities in section 403(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided
further, That such additional amount shall be distributed in equal
amounts to the 3 Appalachian States with the greatest amount of
unfunded needs to meet the priorities described in paragraphs (1) and
(2) of such section: Provided further, That such additional amount
shall be allocated to States within 60 days after the date of enactment
of this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), $2,267,924,000, to remain available until
September 30, 2017, except as otherwise provided herein; of which not
to exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $74,791,000 shall be for welfare
assistance payments: Provided, That, in cases of designated Federal
disasters, the Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities affected
by the disaster: Provided further, That federally recognized Indian
tribes and tribal organizations of federally recognized Indian tribes
may use their tribal priority allocations for unmet welfare assistance
costs: Provided further, That not to exceed $628,351,000 for school
operations costs of Bureau-funded schools and other education programs
shall become available on July 1, 2016, and shall remain available
until September 30, 2017: Provided further, That not to exceed
$43,813,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, land
records improvement, and the Navajo-Hopi Settlement Program: Provided
further, That, notwithstanding any other provision of law, including
but not limited to the Indian Self-Determination Act of 1975 (25 U.S.C.
450f et seq.) and section 1128 of the Education Amendments of 1978 (25
U.S.C. 2008), not to exceed $73,276,000 within and only from such
amounts made available for school operations shall be available for
administrative cost grants associated with grants approved prior to
July 1, 2016: Provided further, That any forestry funds allocated to a
federally recognized tribe which remain unobligated as of September 30,
2017, may be transferred during fiscal year 2018 to an Indian forest
land assistance account established for the benefit of the holder of
the funds within the holder's trust fund account: Provided further,
That any such unobligated balances not so transferred shall expire on
September 30, 2018: Provided further, That, in order to enhance the
safety of Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs for fiscal
year 2016, such sums as may be necessary, which shall be available for
obligation through September 30, 2017: Provided, That amounts
obligated but not expended by a tribe or tribal organization for
contract support costs for such agreements for the current fiscal year
shall be applied to contract support costs otherwise due for such
agreements for subsequent fiscal years: Provided further, That,
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483, $193,973,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available to the
Bureau of Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau:
Provided further, That any funds provided for the Safety of Dams
program pursuant to 25 U.S.C. 13 shall be made available on a
nonreimbursable basis: Provided further, That for fiscal year 2016, in
implementing new construction, replacement facilities construction, or
facilities improvement and repair project grants in excess of $100,000
that are provided to grant schools under Public Law 100-297, the
Secretary of the Interior shall use the Administrative and Audit
Requirements and Cost Principles for Assistance Programs contained in
43 CFR part 12 as the regulatory requirements: Provided further, That
such grants shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a schedule of
payments for the work to be performed: Provided further, That in
considering grant applications, the Secretary shall consider whether
such grantee would be deficient in assuring that the construction
projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required by 25
U.S.C. 2005(b), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines a grant
application, the Secretary shall follow the requirements contained in
25 U.S.C. 2504(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2507(e): Provided further, That in
order to ensure timely completion of construction projects, the
Secretary may assume control of a project and all funds related to the
project, if, within 18 months of the date of enactment of this Act, any
grantee receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the project and
commenced construction: Provided further, That this appropriation may
be reimbursed from the Office of the Special Trustee for American
Indians appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust reform
implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, and 111-291, and for
implementation of other land and water rights settlements, $49,475,000,
to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $7,748,000, of
which $1,062,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed or insured, not to exceed $113,804,510.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education. Appropriations made
available in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding formula,
only to the schools in the Bureau school system as of September 1,
1996, and to any school or school program that was reinstated in fiscal
year 2012. Funds made available under this Act may not be used to
establish a charter school at a Bureau-funded school (as that term is
defined in section 1141 of the Education Amendments of 1978 (25 U.S.C.
2021)), except that a charter school that is in existence on the date
of the enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during that
period, but only if the charter school pays to the Bureau a pro rata
share of funds to reimburse the Bureau for the use of the real and
personal property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of the State
in which the school is located if the charter school loses such
funding. Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter school's
operation and employees of a charter school shall not be treated as
Federal employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction or other facilities-related costs for such
assets that are not owned by the Bureau: Provided further, That the
term ``satellite school'' means a school location physically separated
from the existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of the
Interior, including the collection and disbursement of royalties, fees,
and other mineral revenue proceeds, and for grants and cooperative
agreements, as authorized by law, $721,769,000, to remain available
until September 30, 2017; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines; and of which $12,618,000 for the
Office of Valuation Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and of
which $38,300,000 shall remain available until expended for the purpose
of mineral revenue management activities: Provided, That
notwithstanding any other provision of law, $15,000 under this heading
shall be available for refunds of overpayments in connection with
certain Indian leases in which the Secretary concurred with the claimed
refund due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments.
administrative provisions
For fiscal year 2016, up to $400,000 of the payments authorized by
the Act of October 20, 1976 (31 U.S.C. 6901-6907) may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That no payment shall be made pursuant to that Act to
otherwise eligible units of local government if the computed amount of
the payment is less than $100: Provided further, That the Secretary
may reduce the payment authorized by 31 U.S.C. 6901-6907 for an
individual county by the amount necessary to correct prior year
overpayments to that county: Provided further, That the amount needed
to correct a prior year underpayment to an individual county shall be
paid from any reductions for overpayments to other counties and the
amount necessary to cover any remaining underpayment is hereby
appropriated and shall be paid to individual counties: Provided
further, That of the total amount made available by this title for
``Office of the Secretary--Departmental Operations'', $452,000,000
shall be available to the Secretary of the Interior for an additional
amount for fiscal year 2016 for payments in lieu of taxes under chapter
69 of title 31, United States Code.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $86,976,000, of
which: (1) $77,528,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272);
and (2) $9,448,000 shall be available until September 30, 2017, for
salaries and expenses of the Office of Insular Affairs: Provided, That
all financial transactions of the territorial and local governments
herein provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may be
audited by the Government Accountability Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: Provided
further, That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the Secretary based
on the grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose of
hazard mitigation grants provided pursuant to section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $3,318,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $65,800,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$50,047,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$139,029,000, to remain available until expended, of which not to
exceed $22,120,000 from this or any other Act, may be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs and Bureau of Indian
Education, ``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the Office of the
Secretary, ``Departmental Operations'' account: Provided further, That
funds made available through contracts or grants obligated during
fiscal year 2016, as authorized by the Indian Self-Determination Act of
1975 (25 U.S.C. 450 et seq.), shall remain available until expended by
the contractor or grantee: Provided further, That, notwithstanding any
other provision of law, the Secretary shall not be required to provide
a quarterly statement of performance for any Indian trust account that
has not had activity for at least 15 months and has a balance of $15 or
less: Provided further, That the Secretary shall issue an annual
account statement and maintain a record of any such accounts and shall
permit the balance in each such account to be withdrawn upon the
express written request of the account holder: Provided further, That
not to exceed $50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for this
purpose: Provided further, That the Secretary shall not be required to
reconcile Special Deposit Accounts with a balance of less than $500
unless the Office of the Special Trustee receives proof of ownership
from a Special Deposit Accounts claimant.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels management activities, and rural fire assistance by the
Department of the Interior, $816,745,000, to remain available until
expended, of which not to exceed $6,427,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $170,000,000 is for
hazardous fuels management activities: Provided further, That of the
funds provided $18,970,000 is for burned area rehabilitation: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished
subsistence and lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d,
sums received by a bureau or office of the Department of the Interior
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous fuels
management and resilient landscapes activities, and for training and
monitoring associated with such hazardous fuels management and
resilient landscapes activities on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal land:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of hazardous fuels
management and resilient landscapes activities, may obtain maximum
practicable competition among: (1) local private, nonprofit, or
cooperative entities; (2) Youth Conservation Corps crews, Public Lands
Corps (Public Law 109-154), or related partnerships with State, local,
or nonprofit youth groups; (3) small or micro-businesses; or (4) other
entities that will hire or train locally a significant percentage,
defined as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this section,
the Secretary shall develop written guidance to field units to ensure
accountability and consistent application of the authorities provided
herein: Provided further, That funds appropriated under this heading
may be used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of carrying out
their responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by section
7 of such Act, in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate amount not
to exceed $50,000,000, between the Departments when such transfers
would facilitate and expedite wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal emergency
response actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the Department
of State in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and, with the
concurrence of the Secretary of State, shall be available to support
forestry, wildland fire management, and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations.
flame wildfire suppression reserve fund
(including transfer of funds)
For necessary expenses for large fire suppression operations of the
Department of the Interior and as a reserve fund for suppression and
Federal emergency response activities, $177,000,000, to remain
available until expended: Provided, That such amounts are only
available for transfer to the ``Wildland Fire Management'' account
following a declaration by the Secretary in accordance with section 502
of the FLAME Act of 2009 (43 U.S.C. 1748a).
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,010,000, to remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
Public Law 101-337 (16 U.S.C. 19jj et seq.), $7,767,000, to remain
available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, and the consolidation of facilities
and operations throughout the Department, $67,100,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for training
services provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further, That the
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program
Training Center: Provided further, That the Secretary may enter into
grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection
with their use for wildland fire operations, such reimbursement to be
credited to appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations, no funds
shall be made available under this authority until the Secretary
determines that funds appropriated for ``wildland fire operations'' and
``FLAME Wildfire Suppression Reserve Fund'' shall be exhausted within
30 days: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary,
in total amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement vehicles;
hire, maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when authorized by
the Secretary, for library membership in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and Office of
the Special Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2016. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2016, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the
``Offshore Safety and Environmental Enforcement'' account, from the
designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2016 shall be:
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2016. Fees for fiscal year 2016 shall be:
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection
(b) within 60 days, with payment required within 30 days of billing.
The Secretary shall bill designated operators under subsection (c)
within 30 days of the end of the month in which the inspection
occurred, with payment required within 30 days of billing.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to implement a
reorganization of the Bureau of Ocean Energy Management, Regulation and
Enforcement, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 3903 of title 41, United States Code (except that
the 5-year term restriction in subsection (a) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject
to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
exhaustion of administrative review
Sec. 111. Paragraph (1) of section 122(a) of division E of Public
Law 112-74 (125 Stat. 1013) is amended by striking ``through 2016,'' in
the first sentence and inserting ``through 2018,''.
wild lands funding prohibition
Sec. 112. None of the funds made available in this Act or any
other Act may be used to implement, administer, or enforce Secretarial
Order No. 3310 issued by the Secretary of the Interior on December 22,
2010: Provided, That nothing in this section shall restrict the
Secretary's authorities under sections 201 and 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712).
bureau of indian education operated schools
Sec. 113. Section 115(d) of division E of Public Law 112-74 (25
U.S.C. 2000 note) is amended by striking ``2017'' and inserting
``2027''.
volunteers in parks
Sec. 114. Section 102301(d) of title 54, United States Code, is
amended by striking ``$3,500,000'' and inserting ``$7,000,000''.
contracts and agreements with indian affairs
Sec. 115. Notwithstanding any other provision of law, during
fiscal year 2016, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
heritage areas
Sec. 116. (a) Section 157(h)(1) of title I of Public Law 106-291
(16 U.S.C. 461 note) is amended by striking ``$11,000,000'' and
inserting ``$13,000,000''.
(b) Division II of Public Law 104-333 (16 U.S.C. 461 note) is
amended--
(1) in sections 409(a), 508(a), and 812(a) by striking
``$15,000,000'' and inserting ``$17,000,000''; and
(2) in sections 208, 310, and 607 by striking ``2015'' and
inserting ``2017''.
sage-grouse
Sec. 117. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to write or issue
pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
onshore pay authority extension
Sec. 118. For fiscal year 2016, funds made available in this title
for the Bureau of Land Management and the Bureau of Indian Affairs may
be used by the Secretary of the Interior to establish higher minimum
rates of basic pay for employees of the Department of the Interior
carrying out the inspection and regulation of onshore oil and gas
operations on public lands in the Petroleum Engineer (GS-0881) and
Petroleum Engineering Technician (GS-0802) job series at grades 5
through 14 at rates no greater than 25 percent above the minimum rates
of basic pay normally scheduled, and such higher rates shall be
consistent with subsections (e) through (h) of section 5305 of title 5,
United States Code.
republic of palau
Sec. 119. (a) In General.--Subject to subsection (c), the United
States Government, through the Secretary of the Interior shall provide
to the Government of Palau for fiscal year 2016 grants in amounts equal
to the annual amounts specified in subsections (a), (c), and (d) of
section 211 of the Compact of Free Association between the Government
of the United States of America and the Government of Palau (48 U.S.C.
1931 note) (referred to in this section as the ``Compact'').
(b) Programmatic Assistance.--Subject to subsection (c), the United
States shall provide programmatic assistance to the Republic of Palau
for fiscal year 2016 in amounts equal to the amounts provided in
subsections (a) and (b)(1) of section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to the
same extent and in the same manner as the grants and assistance
were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more than
$5,000,000 from the trust fund established under section 211(f) of
the Compact, amounts to be provided under subsections (a) and (b)
shall be withheld from the Government of Palau.
wildlife restoration extension of investment of unexpended amounts
Sec. 120. Section 3(b)(2)(C) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b(b)(2)(C)) is amended by striking
``2016'' and inserting ``2026''.
prohibition on use of funds
Sec. 121. (a) Any proposed new use of the Arizona & California
Railroad Company's Right of Way for conveyance of water shall not
proceed unless the Secretary of the Interior certifies that the
proposed new use is within the scope of the Right of Way.
(b) No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
store water underground for the purpose of export, for approval of any
right-of-way or similar authorization on the Mojave National Preserve
or lands managed by the Needles Field Office of the Bureau of Land
Management, or for carrying out any activities associated with such
right-of-way or similar approval.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $734,648,000, to remain available until September 30,
2017: Provided, That of the funds included under this heading,
$14,100,000 shall be for Research: National Priorities as specified in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $9,000 for official reception and
representation expenses, $2,613,679,000, to remain available until
September 30, 2017: Provided, That of the funds included under this
heading, $12,700,000 shall be for Environmental Protection: National
Priorities as specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That of the funds included under this heading,
$427,737,000 shall be for Geographic Programs specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $3,674,000, to remain available
until September 30, 2018.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2017.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $42,317,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611)
$1,088,769,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2015, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,088,769,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $9,939,000
shall be paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2017, and $18,850,000 shall be
paid to the ``Science and Technology'' appropriation to remain
available until September 30, 2017.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $91,941,000, to remain available until expended, of which
$66,572,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,209,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,518,161,000, to remain available until expended,
of which--
(1) $1,393,887,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $863,233,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking Water
Act: Provided, That for fiscal year 2016, to the extent there are
sufficient eligible project applications and projects are
consistent with State Intended Use Plans, not less than 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants shall be
used by the State for projects to address green infrastructure,
water or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal year
2016, funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants may, at
the discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or other
environmentally innovative activities: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water Pollution
Control Act, the limitation on the amounts in a State water
pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2016 and prior
years where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable by
the Administrator, accounted for separately from other assets in
the fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2016,
notwithstanding the limitation on amounts in section 518(c) of the
Federal Water Pollution Control Act, up to a total of 2 percent of
the funds appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i) of the
Safe Drinking Water Act, up to a total of 2 percent of the funds
appropriated, or $20,000,000, whichever is greater, for State
Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section 1452(i)
of such Acts: Provided further, That for fiscal year 2016,
notwithstanding the amounts specified in section 205(c) of the
Federal Water Pollution Control Act, up to 1.5 percent of the
aggregate funds appropriated for the Clean Water State Revolving
Fund program under the Act less any sums reserved under section
518(c) of the Act, may be reserved by the Administrator for grants
made under title II of the Federal Water Pollution Control Act for
American Samoa, Guam, the Commonwealth of the Northern Marianas,
and United States Virgin Islands: Provided further, That for
fiscal year 2016, notwithstanding the limitations on amounts
specified in section 1452(j) of the Safe Drinking Water Act, up to
1.5 percent of the funds appropriated for the Drinking Water State
Revolving Fund programs under the Safe Drinking Water Act may be
reserved by the Administrator for grants made under section 1452(j)
of the Safe Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and 20
percent of the funds made available under this title to each State
for Drinking Water State Revolving Fund capitalization grants shall
be used by the State to provide additional subsidy to eligible
recipients in the form of forgiveness of principal, negative
interest loans, or grants (or any combination of these), and shall
be so used by the State only where such funds are provided as
initial financing for an eligible recipient or to buy, refinance,
or restructure the debt obligations of eligible recipients only
where such debt was incurred on or after the date of enactment of
this Act;
(2) $10,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission; Provided,
That no funds provided by this appropriations Act to address the
water, wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico border
shall be made available to a county or municipal government unless
that government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new
home, business, or other structure which lacks water, wastewater,
or other necessary infrastructure;
(3) $20,000,000 shall be for grants to the State of Alaska to
address drinking water and wastewater infrastructure needs of rural
and Alaska Native Villages: Provided, That of these funds: (A) the
State of Alaska shall provide a match of 25 percent; (B) no more
than 5 percent of the funds may be used for administrative and
overhead expenses; and (C) the State of Alaska shall make awards
consistent with the Statewide priority list established in
conjunction with the Agency and the U.S. Department of Agriculture
for all water, sewer, waste disposal, and similar projects carried
out by the State of Alaska that are funded under section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
which shall allocate not less than 25 percent of the funds provided
for projects in regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), including grants, interagency agreements, and
associated program support costs: Provided, That not more than 25
percent of the amount appropriated to carry out section 104(k) of
CERCLA shall be used for site characterization, assessment, and
remediation of facilities described in section 101(39)(D)(ii)(II)
of CERCLA;
(5) $50,000,000 shall be for grants under title VII, subtitle G
of the Energy Policy Act of 2005;
(6) $20,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions of the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act);
(7) $1,060,041,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including activities
pursuant to the provisions set forth under this heading in Public
Law 104-134, and for making grants under section 103 of the Clean
Air Act for particulate matter monitoring and data collection
activities subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying out
section 128 of CERCLA; $9,646,000 shall be for Environmental
Information Exchange Network grants, including associated program
support costs; $1,498,000 shall be for grants to States under
section 2007(f)(2) of the Solid Waste Disposal Act, which shall be
in addition to funds appropriated under the heading ``Leaking
Underground Storage Tank Trust Fund Program'' to carry out the
provisions of the Solid Waste Disposal Act specified in section
9508(c) of the Internal Revenue Code other than section 9003(h) of
the Solid Waste Disposal Act; $17,848,000 of the funds available
for grants under section 106 of the Federal Water Pollution Control
Act shall be for State participation in national- and State-level
statistical surveys of water resources and enhancements to State
monitoring programs: Provided, That for the period of fiscal years
2016 through 2020, notwithstanding other applicable provisions of
law, the funds appropriated for the Indian Environmental General
Assistance Program shall be available to federally recognized
tribes for solid waste and recovered materials collection,
transportation, backhaul, and disposal services; and
(8) $21,000,000 shall be for grants to States and federally
recognized Indian tribes for implementation of environmental
programs and projects that complement existing environmental
program grants, including interagency agreements, as specified in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2016, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 112-177, the Pesticide
Registration Improvement Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2016.
The Administrator is authorized to transfer up to $300,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities provided that the cost does not exceed $150,000 per project.
For fiscal year 2016, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to federally
recognized Indian tribes pursuant to sections 319(h) and 518(e) of that
Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2016 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
In addition to the amounts otherwise made available in this Act for
the Environmental Protection Agency, $27,000,000, to be available until
September 30, 2017, to be used solely to meet Federal requirements for
cybersecurity implementation, including enhancing response capabilities
and upgrading incident management tools: Provided, That such funds
shall supplement, not supplant, any other amounts made available to the
Environmental Protection Agency for such purpose: Provided further,
That solely for the purposes provided herein, such funds may be
transferred to and merged with any other appropriation in this Title.
Of the unobligated balances available for ``State and Tribal
Assistance Grants'' account, $40,000,000 are permanently rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $291,000,000, to remain available until expended:
Provided, That of the funds provided, $75,000,000 is for the forest
inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of
pests, pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $237,023,000, to remain
available until expended, as authorized by law; of which $62,347,000 is
to be derived from the Land and Water Conservation Fund.
national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, $1,509,364,000, to remain available
until expended: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That of the funds provided, $359,805,000
shall be for forest products: Provided further, That of the funds
provided, up to $81,941,000 is for the Integrated Resource Restoration
pilot program for Region 1, Region 3 and Region 4: Provided further,
That of the funds provided for forest products, up to $65,560,000 may
be transferred to support the Integrated Resource Restoration pilot
program in the preceding proviso: Provided further, That the Secretary
of Agriculture may transfer to the Secretary of the Interior any
unobligated funds appropriated in a previous fiscal year for operation
of the Valles Caldera National Preserve.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $364,164,000, to remain available until expended, for
construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for
construction, reconstruction, decommissioning of roads that are no
longer needed, including unauthorized roads that are not part of the
transportation system, and maintenance of forest roads and trails by
the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101
and 205: Provided, That $40,000,000 shall be designated for urgently
needed road decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers, especially
in areas where Forest Service roads may be contributing to water
quality problems in streams and water bodies which support threatened,
endangered, or sensitive species or community water sources: Provided
further, That funds becoming available in fiscal year 2016 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated:
Provided further, That of the funds provided for decommissioning of
roads, up to $14,743,000 may be transferred to the ``National Forest
System'' to support the Integrated Resource Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of chapter 2003
of title 54, United States Code, including administrative expenses, and
for acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service, $63,435,000,
to be derived from the Land and Water Conservation Fund and to remain
available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $950,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available until expended (16 U.S.C. 516-
617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public
Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available until expended, of which not to
exceed 6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96-487),
$2,500,000, to remain available until expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels management on or adjacent to such lands, emergency
rehabilitation of burned-over National Forest System lands and water,
and for State and volunteer fire assistance, $2,386,329,000, to remain
available until expended: Provided, That such funds including
unobligated balances under this heading, are available for repayment of
advances from other appropriations accounts previously transferred for
such purposes: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided in
response to wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire emergencies are
fully repaid by the responsible emergency management agency: Provided
further, That, notwithstanding any other provision of law, $6,914,000
of funds appropriated under this appropriation shall be available for
the Forest Service in support of fire science research authorized by
the Joint Fire Science Program, including all Forest Service
authorities for the use of funds, such as contracts, grants, research
joint venture agreements, and cooperative agreements: Provided
further, That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available to execute
the Forest and Rangeland Research appropriation, are also available in
the utilization of these funds for Fire Science Research: Provided
further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels management activities,
support to Federal emergency response, and wildfire suppression
activities of the Forest Service: Provided further, That of the funds
provided, $375,000,000 is for hazardous fuels management activities,
$19,795,000 is for research activities and to make competitive research
grants pursuant to the Forest and Rangeland Renewable Resources
Research Act, (16 U.S.C. 1641 et seq.), $78,000,000 is for State fire
assistance, and $13,000,000 is for volunteer fire assistance under
section 10 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2106): Provided further, That amounts in this paragraph may be
transferred to the ``National Forest System'', and ``Forest and
Rangeland Research'' accounts to fund forest and rangeland research,
the Joint Fire Science Program, vegetation and watershed management,
heritage site rehabilitation, and wildlife and fish habitat management
and restoration: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That up to $15,000,000 of the funds
provided herein may be used by the Secretary of Agriculture to enter
into procurement contracts or cooperative agreements or to issue grants
for hazardous fuels management activities and for training or
monitoring associated with such hazardous fuels management activities
on Federal land or on non-Federal land if the Secretary determines such
activities benefit resources on Federal land: Provided further, That
funds made available to implement the Community Forest Restoration Act,
Public Law 106-393, title VI, shall be available for use on non-Federal
lands in accordance with authorities made available to the Forest
Service under the ``State and Private Forestry'' appropriation:
Provided further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds appropriated for
wildland fire management, in an aggregate amount not to exceed
$50,000,000, between the Departments when such transfers would
facilitate and expedite wildland fire management programs and projects:
Provided further, That of the funds provided for hazardous fuels
management, not to exceed $15,000,000 may be used to make grants, using
any authorities available to the Forest Service under the ``State and
Private Forestry'' appropriation, for the purpose of creating
incentives for increased use of biomass from National Forest System
lands: Provided further, That funds designated for wildfire
suppression, including funds transferred from the ``FLAME Wildfire
Suppression Reserve Fund'', shall be assessed for cost pools on the
same basis as such assessments are calculated against other agency
programs: Provided further, That of the funds for hazardous fuels
management, up to $24,000,000 may be transferred to the ``National
Forest System'' to support the Integrated Resource Restoration pilot
program.
flame wildfire suppression reserve fund
(including transfers of funds)
For necessary expenses for large fire suppression operations of the
Department of Agriculture and as a reserve fund for suppression and
Federal emergency response activities, $823,000,000, to remain
available until expended: Provided, That such amounts are only
available for transfer to the ``Wildland Fire Management'' account
following a declaration by the Secretary in accordance with section 502
of the FLAME Act of 2009 (43 U.S.C. 1748a).
administrative provisions, forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the headings ``Wildland Fire Management'' and
``FLAME Wildfire Suppression Reserve Fund'' will be obligated within 30
days: Provided, That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), U.S.
private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107
(7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center and the Department of Agriculture's
International Technology Service.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993, Public Law 103-82, as amended by Public Lands Corps
Healthy Forests Restoration Act of 2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a Federal or a non-Federal recipient for
a project at the same rate that the recipient has obtained the non-
Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $65,000,000,
shall be assessed for the purpose of performing fire, administrative
and other facilities maintenance and decommissioning. Such assessments
shall occur using a square foot rate charged on the same basis the
agency uses to assess programs for payment of rent, utilities, and
other support services.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the requested funding transfers.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$3,566,387,000, together with payments received during the fiscal year
pursuant to 42 U.S.C. 238(b) and 238b, for services furnished by the
Indian Health Service: Provided, That funds made available to tribes
and tribal organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
shall be deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That,
$914,139,000 for Purchased/Referred Care, including $51,500,000 for the
Indian Catastrophic Health Emergency Fund, shall remain available until
expended: Provided further, That, of the funds provided, up to
$36,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That, of the funds provided,
$2,000,000 shall be used to supplement funds available for operational
costs at tribal clinics operated under an Indian Self-Determination and
Education Assistance Act compact or contract where health care is
delivered in space acquired through a full service lease, which is not
eligible for maintenance and improvement and equipment funds from the
Indian Health Service, and $2,000,000 shall be for accreditation
emergencies: Provided further, That the amounts collected by the
Federal Government as authorized by sections 104 and 108 of the Indian
Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the
preceding fiscal year for breach of contracts shall be deposited to the
Fund authorized by section 108A of the Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding section
108A(c) of the Act (25 U.S.C. 1616a-1(c)), funds shall be available to
make new awards under the loan repayment and scholarship programs under
sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided
further, That, notwithstanding any other provision of law, the amounts
made available within this account for the methamphetamine and suicide
prevention and treatment initiative, for the domestic violence
prevention initiative, to improve collections from public and private
insurance at Indian Health Service and tribally operated facilities,
and for accreditation emergencies shall be allocated at the discretion
of the Director of the Indian Health Service and shall remain available
until expended: Provided further, That funds provided in this Act may
be used for annual contracts and grants that fall within 2 fiscal
years, provided the total obligation is recorded in the year the funds
are appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the Social
Security Act, except for those related to the planning, design, or
construction of new facilities: Provided further, That funding
contained herein for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further, That
the Bureau of Indian Affairs may collect from the Indian Health
Service, tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable health
information relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400, et seq.): Provided
further, That the Indian Health Care Improvement Fund may be used, as
needed, to carry out activities typically funded under the Indian
Health Facilities account.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2016, such sums as may be necessary: Provided, That amounts
obligated but not expended by a tribe or tribal organization for
contract support costs for such agreements for the current fiscal year
shall be applied to contract support costs otherwise due for such
agreements for subsequent fiscal years: Provided further, That,
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $523,232,000, to
remain available until expended: Provided, That, notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided further,
That none of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded with
grants by the housing programs of the United States Department of
Housing and Urban Development: Provided further, That not to exceed
$2,700,000 from this account and the ``Indian Health Services'' account
may be used by the Indian Health Service to obtain ambulances for the
Indian Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health Service and
the General Services Administration: Provided further, That not to
exceed $500,000 may be placed in a Demolition Fund, to remain available
until expended, and be used by the Indian Health Service for the
demolition of Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings that relate to the functions or activities of the Indian
Health Service: Provided, That in accordance with the provisions of
the Indian Health Care Improvement Act, non-Indian patients may be
extended health care at all tribally administered or Indian Health
Service facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42 U.S.C.
2651-2653) shall be credited to the account of the facility providing
the service and shall be available without fiscal year limitation:
Provided further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under Public Law 86-
121, the Indian Sanitation Facilities Act and Public Law 93-638:
Provided further, That funds appropriated to the Indian Health Service
in this Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That none of the
funds made available to the Indian Health Service in this Act shall be
used for any assessments or charges by the Department of Health and
Human Services unless identified in the budget justification and
provided in this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided further,
That notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
none of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has submitted
a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That with
respect to functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a reimbursable basis,
including payments in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds received from
those entities pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain available
until expended: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and
overhead associated with the provision of goods, services, or technical
assistance: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification
to the House and Senate Committees on Appropriations: Provided
further, That the Indian Health Service shall develop a strategic plan
for the Urban Indian Health program in consultation with urban Indians
and the National Academy of Public Administration, and shall publish
such plan not later than one year after the date of enactment of this
Act.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $77,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $74,691,000, of which up to
$1,000 per eligible employee of the Agency for Toxic Substances and
Disease Registry shall remain available until expended for Individual
Learning Accounts: Provided, That notwithstanding any other provision
of law, in lieu of performing a health assessment under section
104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities, including,
without limitation, biomedical testing, clinical evaluations, medical
monitoring, and referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or health study,
evaluation, or activity, the Administrator of ATSDR shall not be bound
by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further,
That none of the funds appropriated under this heading shall be
available for ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2016, and
existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $3,000,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$11,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $15,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10:
Provided further, That $200,000 shall be transferred to the Office of
Inspector General of the Department of the Interior, to remain
available until expended, for audits and investigations of the Office
of Navajo and Hopi Indian Relocation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498 (20 U.S.C. 56 part A), $11,619,000, to remain available until
September 30, 2017.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $696,045,000, to remain available until September 30, 2017,
except as otherwise provided herein; of which not to exceed $48,233,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American History and
Culture, and the repatriation of skeletal remains program shall remain
available until expended; and including such funds as may be necessary
to support American overseas research centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $144,198,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including servi