[Congressional Record Volume 161, Number 138 (Thursday, September 24, 2015)]
[Senate]
[Pages S6946-S6948]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2689. Mr. McCONNELL (for Mr. Cochran) proposed an amendment to the
bill H.R. 719, to require the Transportation Security Administration to
conform to existing Federal law and regulations regarding criminal
investigator positions, and for other purposes; as follows:
At the end add the following:
The following sums are hereby appropriated, out of any money
in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and
other organizational units of Government for fiscal year
2016, and for other purposes, namely:
Sec. 101. (a) Such amounts as may be necessary, at a rate
for operations as provided in the applicable appropriations
Acts for fiscal year 2015 and under the authority and
conditions provided in such Acts, for continuing projects or
activities (including the costs of direct loans and loan
guarantees) that are not otherwise specifically provided for
in this Act, that were conducted in fiscal year 2015, and for
which appropriations, funds, or other authority were made
available in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2015
(division A of Public Law 113-235), except section 743 and
title VIII.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2015 (division B of Public Law 113-235).
(3) The Department of Defense Appropriations Act, 2015
(division C of Public Law 113-235), except title X.
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2015 (division D of Public Law 113-235).
(5) The Financial Services and General Government
Appropriations Act, 2015 (division E of Public Law 113-235).
(6) The Department of Homeland Security Appropriations Act,
2015 (Public Law 114-4).
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2015 (division F of
Public Law 113-235).
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2015
(division G of Public Law 113-235), except title VI.
(9) The Legislative Branch Appropriations Act, 2015
(division H of Public Law 113-235).
(10) The Military Construction and Veterans Affairs, and
Related Agencies Appropriations Act, 2015 (division I of
Public Law 113-235).
(11) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235), except title IX.
(12) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2015 (division K of
Public Law 113-235).
(13) Section 11 of the Consolidated and Further Continuing
Appropriations Act, 2015 (Public Law 113-235).
(b) The rate for operations provided by subsection (a) is
hereby reduced by 0.2108 percent.
Sec. 102. (a) No appropriation or funds made available or
authority granted pursuant to section 101 for the Department
of Defense shall be used for: (1) the new production of items
not funded for production in fiscal year 2015 or prior years;
(2) the increase in production rates above those sustained
with fiscal year 2015 funds; or (3) the initiation,
resumption, or continuation of any project, activity,
operation, or organization (defined as any project,
subproject, activity, budget activity, program element, and
subprogram within a program element, and for any investment
items defined as a P-1 line item in a budget activity within
an appropriation account and an R-1 line item that includes a
program element and subprogram element within an
appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2015.
(b) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense
shall be used to initiate multi-year procurements utilizing
advance procurement funding for economic order quantity
procurement unless specifically appropriated later.
Sec. 103. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted
pursuant to section 101 shall be used to initiate or resume
any project or activity for which appropriations, funds, or
other authority were not available during fiscal year 2015.
Sec. 105. Appropriations made and authority granted
pursuant to this Act shall cover all obligations or
expenditures incurred for any project or activity during the
period for which funds or authority for such project or
activity are available under this Act.
Sec. 106. Unless otherwise provided for in this Act or in
the applicable appropriations Act for fiscal year 2016,
appropriations and funds made available and authority granted
pursuant to this Act shall be available until whichever of
the following first occurs: (1) the enactment into law of an
appropriation for any project or activity provided for in
this Act; (2) the enactment into law of the applicable
appropriations Act for fiscal year 2016 without any provision
for such project or activity; or (3) December 11, 2015.
Sec. 107. Expenditures made pursuant to this Act shall be
charged to the applicable appropriation, fund, or
authorization whenever a bill in which such applicable
appropriation, fund, or authorization is contained is enacted
into law.
Sec. 108. Appropriations made and funds made available by
or authority granted pursuant to this Act may be used without
regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, United
States Code, but nothing in this Act may be construed to
waive any other provision of law governing the apportionment
of funds.
Sec. 109. Notwithstanding any other provision of this Act,
except section 106, for those programs that would otherwise
have high initial rates of operation or complete distribution
of appropriations at the beginning
[[Page S6947]]
of fiscal year 2016 because of distributions of funding to
States, foreign countries, grantees, or others, such high
initial rates of operation or complete distribution shall not
be made, and no grants shall be awarded for such programs
funded by this Act that would impinge on final funding
prerogatives.
Sec. 110. This Act shall be implemented so that only the
most limited funding action of that permitted in the Act
shall be taken in order to provide for continuation of
projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts
for fiscal year 2015, and for activities under the Food and
Nutrition Act of 2008, activities shall be continued at the
rate to maintain program levels under current law, under the
authority and conditions provided in the applicable
appropriations Act for fiscal year 2015, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory
payments due on or about the first day of any month that
begins after October 2015 but not later than 30 days after
the date specified in section 106(3) may continue to be made,
and funds shall be available for such payments.
Sec. 112. Amounts made available under section 101 for
civilian personnel compensation and benefits in each
department and agency may be apportioned up to the rate for
operations necessary to avoid furloughs within such
department or agency, consistent with the applicable
appropriations Act for fiscal year 2015, except that such
authority provided under this section shall not be used until
after the department or agency has taken all necessary
actions to reduce or defer non-personnel-related
administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this
Act that was previously designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 or as being for
disaster relief pursuant to section 251(b)(2)(D) of such Act
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of such Act or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act, respectively.
(b) The reduction in section 101(b) of this Act shall not
apply to--
(1) amounts designated under subsection (a) of this
section; or
(2) amounts made available by section 101(a) by reference
to the second paragraph under the heading ``Social Security
Administration--Limitation on Administrative Expenses'' in
division G of Public Law 113-235; or
(3) amounts made available by section 101(a) by reference
to the paragraph under the heading ``Centers for Medicare and
Medicaid Services--Health Care Fraud and Abuse Control
Account'' in division G of Public Law 113-235.
(c) Section 6 of Public Law 113-235 shall apply to amounts
designated in subsection (a) for Overseas Contingency
Operations/Global War on Terrorism.
Sec. 115. During the period covered by this Act,
discretionary amounts appropriated for fiscal year 2016 that
were provided in advance by appropriations Acts shall be
available in the amounts provided in such Acts, reduced by
the percentage in section 101(b).
Sec. 116. Notwithstanding section 101, amounts are
provided for ``Department of Agriculture--Domestic Food
Programs--Food and Nutrition Service--Commodity Assistance
Program'' at a rate for operations of $288,317,000, of which
$221,298,000 shall be for the Commodity Supplemental Food
Program.
Sec. 117. Amounts made available by section 101 for
``Department of Agriculture--Rural Housing Service--Rental
Assistance Program'' may be apportioned up to the rate for
operations necessary to pay ongoing debt service for the
multi-family direct loan programs under sections 514 and 515
of the Housing Act of 1949 (42 U.S.C. 1484 and 1485):
Provided, That the Secretary may waive the prohibition in the
second proviso under such heading in division A of Public Law
113-235 with respect to rental assistance contracts entered
into or renewed during fiscal year 2015.
Sec. 118. Amounts made available by section 101 for
``Department of Commerce--National Oceanic and Atmospheric
Administration--Procurement, Acquisition and Construction''
may be apportioned up to the rate for operations necessary to
maintain the planned launch schedules for the Joint Polar
Satellite System.
Sec. 119. (a) The first proviso under the heading ``United
States Marshals Service--Federal Prisoner Detention'' in
title II of division B of Public Law 113-235 shall not apply
during the period covered by this Act.
(b) The limitation in section 217(c) of division B of
Public Law 113-235 on the amount of excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall not apply under this Act to the use
of such funds for ``United States Marshals Service--Federal
Prisoner Detention''.
Sec. 120. (a) The authority regarding closeout of Space
Shuttle contracts and associated programs provided by
language under the heading ``National Aeronautics and Space
Administration--Administrative Provisions'' in the Omnibus
Appropriations Act, 2009 (Public Law 111-8) shall continue in
effect through fiscal year 2021.
(b) This section shall be applied as if it were in effect
on September 30, 2015.
Sec. 121. (a) Notwithstanding section 1552 of title 31,
United States Code, funds made available, including funds
that have expired but have not been cancelled, and identified
by Treasury Appropriation Fund Symbol 13-09/10-0554 shall
remain available for expenditure through fiscal year 2020 for
the purpose of liquidating valid obligations of active
grants.
(b) For the purpose of subsection (a), grants for which the
period of performance has expired but are not finally closed
out shall be considered active grants.
(c) This section shall be applied as if it were in effect
on September 30, 2015.
Sec. 122. The following provisions shall be applied by
substituting ``2016'' for ``2015'' through the earlier of the
date specified in section 106(3) of this Act or the date of
the enactment of an Act authorizing appropriations for fiscal
year 2016 for military activities of the Department of
Defense:
(1) Section 1215(f)(1) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 10
U.S.C. 113 note), as most recently amended by section 1237 of
the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291).
(2) Section 127b(c)(3)(C) of title 10, United States Code.
Sec. 123. (a) Funds made available by section 101 for
``Department of Energy--Energy Programs--Uranium Enrichment
Decontamination and Decommissioning Fund'' may be apportioned
up to the rate for operations necessary to avoid disruption
of continuing projects or activities funded in this
appropriation.
(b) The Secretary of Energy shall notify the Committees on
Appropriations of the House of Representatives and the Senate
not later than 3 days after each use of the authority
provided in subsection (a).
Sec. 124. Notwithstanding any other provision of this Act,
except section 106, the District of Columbia may expend local
funds under the heading ``District of Columbia Funds'' for
such programs and activities under the District of Columbia
Appropriations Act, 2015 (title IV of division E of Public
Law 113-235) at the rate set forth under ``District of
Columbia Funds--Summary of Expenses'' as included in the
Fiscal Year 2016 Budget Request Act of 2015 (D.C. Act 21-99),
as modified as of the date of the enactment of this Act.
Sec. 125. Notwithstanding section 101, no funds are
provided by this Act for ``Recovery Accountability and
Transparency Board--Salaries and Expenses''.
Sec. 126. Amounts made available by section 101 for
``Small Business Administration--Business Loans Program
Account'' may be apportioned up to the rate for operations
necessary to accommodate increased demand for commitments for
general business loans authorized under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)).
Sec. 127. 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 the date specified in section 106(3) of this Act
for ``October 1, 2015''.
Sec. 128. Section 101 shall be applied by assuming that
section 7 of Public Law 113-235 was enacted as part of title
VII of division E of Public Law 113-235.
Sec. 129. The authority provided by section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391) shall continue
in effect through the date specified in section 106(3) of
this Act.
Sec. 130. 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 the date specified in
section 106(3) of this Act for ``September 30, 2015''.
Sec. 131. 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 the date specified in section 106(3)
of this Act for ``September 30, 2015''.
Sec. 132. 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 the date specified in section 106(3) of this Act
for ``September 30, 2015''.
Sec. 133. Section 220(c) of the Immigration and
Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182
note) shall be applied by substituting the date specified in
section 106(3) of this Act for ``September 30, 2015''.
Sec. 134. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) is amended by striking all
that follows after ``shall terminate'' and inserting
``September 30, 2017.''.
Sec. 135. In addition to the amount otherwise provided by
section 101 for ``Department of Agriculture--Forest Service--
Wildland Fire Management'', there is appropriated
$700,000,000 for an additional amount for fiscal year 2016,
to remain available until expended, for urgent wildland fire
suppression
[[Page S6948]]
activities: Provided, That such funds shall only become
available if funds previously provided for wildland fire
suppression will be exhausted imminently and the Secretary of
Agriculture notifies the Committees on Appropriations of the
House of Representatives and the Senate in writing of the
need for these additional funds: Provided further, That such
funds are also available for transfer to other appropriations
accounts to repay amounts previously transferred for wildfire
suppression: Provided further, That such amount is
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, except that such
amount shall be available only if the President subsequently
so designates such amount and transmits such designation to
the Congress.
Sec. 136. The authorities provided by sections 117 and 123
of division G of Public Law 113-76 shall continue in effect
through the date specified in section 106(3) of this Act.
Sec. 137. (a) The authority provided by subsection (m)(3)
of section 8162 of the Department of Defense Appropriations
Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) shall
continue in effect through the date specified in section
106(3) of this Act.
(b) For the period covered by this Act, the authority
provided by the provisos under the heading ``Dwight D.
Eisenhower Memorial Commission--Capital Construction'' in
division E of Public Law 112-74 shall not be in effect.
Sec. 138. Section 3096(2) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 is amended by inserting ``for fiscal year 2015''
after ``$37,000,000''.
Sec. 139. Funds made available in prior appropriations
Acts for construction and renovation of facilities for the
Centers for Disease Control and Prevention may also be used
for construction on leased land.
Sec. 140. Subsection (b) of section 163 of Public Law 111-
242, as amended, is further amended by striking ``2015-2016''
and inserting ``2016-2017''.
Sec. 141. Section 101 shall be applied by assuming that
section 139 of Public Law 113-164 was enacted as part of
division G of Public Law 113-235, and section 139 of Public
Law 113-164 shall be applied by adding at the end the
following: ``and of the unobligated balance of amounts
deposited or available in the Child Enrollment Contingency
Fund from appropriations to the Fund under section
2104(n)(2)(A)(i) of the Social Security Act and the income
derived from investment of those funds pursuant to
2104(n)(2)(C) of that Act, $1,664,000,000 is rescinded''.
Sec. 142. Section 114(f) of the Higher Education Act of
1965 (20 U.S.C. 1011c(f)) shall be applied by substituting
the date specified in section 106(3) of this Act for
``September 30, 2015''.
Sec. 143. Notwithstanding any other provision of this Act,
there is appropriated for payment to Tori B. Nunnelee, widow
of Alan Nunnelee, late a Representative from the State of
Mississippi, $174,000.
Sec. 144. Of the discretionary unobligated balances of the
Department of Veterans Affairs from fiscal year 2015 or prior
fiscal years, or discretionary amounts appropriated in
advance for fiscal year 2016, the Secretary of Veterans
Affairs may transfer up to $625,000,000 to ``Department of
Veterans Affairs--Departmental Administration--Construction,
Major Projects'', to be merged with the amounts available in
such account: Provided, That no amounts may be transferred
from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution
on the Budget, the Balanced Budget and Emergency Deficit
Control Act of 1985, or the Statutory Pay-As-You-Go Act of
2010: Provided further, That no amounts may be transferred
until the Secretary submits to the Committees on
Appropriations of the House of Representatives and the Senate
a request for, and receives from the Committees written
approval of, such transfers: Provided further, That the
Secretary shall specify in such request the donor account and
amount of each proposed transfer, the fiscal year of each
appropriation to be transferred, the amount of unobligated
balances remaining in the account after the transfer, and the
project or program impact of the transfer.
Sec. 145. Notwithstanding section 101, amounts are
provided for ``Department of Veterans Affairs--Departmental
Administration--General Operating Expenses, Veterans Benefits
Administration'' at a rate for operations of $2,697,734,000.
Sec. 146. Notwithstanding section 101, section 226(a) of
division I of Public Law 113-235 shall be applied to amounts
made available by this Act by substituting ``division I of
Public Law 113-235'' for ``division J of Public Law 113-76''
and by substituting ``2015'' for ``2014''.
Sec. 147. Section 209 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6436) shall be applied by
substituting the date specified in section 106(3) of this Act
for ``September 30, 2015''.
Sec. 148. Amounts made available by section 101 for
``Broadcasting Board of Governors--International Broadcasting
Operations'', ``Bilateral Economic Assistance--Funds
Appropriated to the President--Economic Support Fund'',
``International Security Assistance--Department of State--
International Narcotics Control and Law Enforcement'',
``International Security Assistance--Department of State--
Nonproliferation, Anti-terrorism, Demining and Related
Programs'', and ``International Security Assistance--Funds
Appropriated to the President--Foreign Military Financing
Program'' shall be obligated at a rate for operations as
necessary to sustain assistance for Ukraine to counter
external, regional aggression and influence, including for
the costs of authorized loan guarantees.
Sec. 149. Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) shall be applied
by substituting the date specified in section 106(3) of this
Act for ``October 1, 2015''.
Sec. 150. (a) Funds made available by section 101 for
``Department of Housing and Urban Development--Management and
Administration--Administrative Support Offices'' may be
apportioned up to the rate for operations necessary to
maintain the planned schedule for the New Core Shared
Services Project.
(b) Not later than 3 days before the first use of the
apportionment authority in subsection (a), each 30 days
thereafter, and 3 days after the authority expires under this
Act, the Secretary of Housing and Urban Development shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying each use
of the authority through the date of the report.
This Act may be cited as the ``Continuing Appropriations
Act, 2016''.
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