[Congressional Record Volume 161, Number 184 (Thursday, December 17, 2015)]
[House]
[Pages H9434-H9676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
The SPEAKER pro tempore (Mr. Kline). Pursuant to clause 1(c) of rule
XIX, further consideration of the motion to concur in the Senate
amendment to the bill (H.R. 2029) 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,
with amendments will now resume.
The Clerk read the title of the bill.
The text of House amendment No. 1 to the Senate amendment to the text
is as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
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
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
[[Page H9435]]
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
[[Page H9436]]
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.
[[Page H9437]]
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
[[Page H9438]]
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
[[Page H9439]]
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
[[Page H9440]]
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,
[[Page H9441]]
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
[[Page H9442]]
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
[[Page H9443]]
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
[[Page H9444]]
(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
[[Page H9445]]
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
[[Page H9446]]
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
[[Page H9447]]
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
[[Page H9448]]
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.
[[Page H9449]]
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.
[[Page H9450]]
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
[[Page H9451]]
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
[[Page H9452]]
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
[[Page H9453]]
(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.
[[Page H9454]]
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
[[Page H9455]]
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
[[Page H9456]]
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
[[Page H9457]]
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
[[Page H9458]]
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,
[[Page H9459]]
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
[[Page H9460]]
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,
[[Page H9461]]
$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
[[Page H9462]]
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;
[[Page H9463]]
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
[[Page H9464]]
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
[[Page H9465]]
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
[[Page H9466]]
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.
[[Page H9467]]
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:
[[Page H9468]]
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
[[Page H9469]]
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-
[[Page H9470]]
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.
[[Page H9471]]
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
[[Page H9472]]
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).
[[Page H9473]]
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
[[Page H9474]]
$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
[[Page H9475]]
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
[[Page H9476]]
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.
[[Page H9477]]
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
[[Page H9478]]
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.
[[Page H9479]]
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;
[[Page H9480]]
(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
[[Page H9481]]
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
[[Page H9482]]
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
[[Page H9483]]
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.
[[Page H9484]]
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--
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(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
[[Page H9486]]
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
[[Page H9487]]
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
[[Page H9488]]
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
[[Page H9489]]
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
[[Page H9490]]
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
[[Page H9491]]
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
[[Page H9492]]
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
[[Page H9493]]
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
[[Page H9494]]
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.
[[Page H9495]]
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.
[[Page H9496]]
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
[[Page H9497]]
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
[[Page H9498]]
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
[[Page H9499]]
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.
[[Page H9500]]
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,
[[Page H9501]]
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
[[Page H9502]]
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--
[[Page H9503]]
(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.
[[Page H9504]]
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,
[[Page H9505]]
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
[[Page H9506]]
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
[[Page H9507]]
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
[[Page H9508]]
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
[[Page H9509]]
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.
[[Page H9510]]
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.
[[Page H9511]]
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.
[[Page H9512]]
(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.
[[Page H9513]]
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
[[Page H9514]]
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,
[[Page H9515]]
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
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
[[Page H9516]]
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)
[[Page H9517]]
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
[[Page H9518]]
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
[[Page H9519]]
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
[[Page H9520]]
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:
[[Page H9521]]
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
[[Page H9522]]
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.
[[Page H9523]]
(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
[[Page H9524]]
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
[[Page H9525]]
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
[[Page H9526]]
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
[[Page H9527]]
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
[[Page H9528]]
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 services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $124,988,000,
to remain available until September 30, 2017, of which not to
exceed $3,578,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years,
that address space needs created by the ongoing renovations
in the Master Facilities Plan, as authorized, $22,564,000, to
remain available until expended: Provided, That contracts
awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors
and awarded on the basis of contractor qualifications as well
as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $21,660,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $14,740,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $10,500,000, to remain available
until September 30, 2017.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $147,949,000
shall be available to the National Endowment for the Arts for
the support of projects and productions in the arts,
including arts education and public outreach activities,
through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available
until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $147,942,000 to
remain available until expended, of which $137,042,000 shall
be available for support of activities in the humanities,
pursuant to section 7(c) of the Act and for administering the
functions of the Act; and $10,900,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $8,500,000 for the purposes of
section 7(h): Provided, That appropriations for carrying out
section 10(a)(2) shall be available for obligation only in
such amounts as may be equal to the total amounts of gifts,
bequests, devises of money, and other property accepted by
the chairman or by grantees of the National Endowment for the
Humanities under the provisions of sections 11(a)(2)(B) and
11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include
[[Page H9529]]
the text of 18 U.S.C. 1913: Provided, That none of the funds
appropriated to the National Foundation on the Arts and the
Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further,
That the Chairperson of the National Endowment for the Arts
may approve grants of up to $10,000, if in the aggregate the
amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $2,653,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study or education.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $2,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,080,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109,
$8,348,000: Provided, That one-quarter of 1 percent of the
funds provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$54,000,000, of which $1,215,000 shall remain available until
September 30, 2018, for the Museum's equipment replacement
program; and of which $2,500,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until
expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction
design, of the Dwight D. Eisenhower Memorial Commission,
$1,000,000, to remain available until expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates
shall be presented to the Committees on Appropriations for
approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2017, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the
Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of
Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application
as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the
third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2016.
contract support costs, fiscal year 2016 limitation
Sec. 406. Amounts provided by this Act for fiscal year
2016 under the headings ``Department of Health and Human
Services, Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2016
with the Bureau of Indian Affairs or the Indian Health
Service: Provided, That such amounts provided by this Act
are not available for payment of claims for contract support
costs for prior years, or for repayments of payments for
settlements or judgments awarding contract support costs for
prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15
years have passed without revision of the plan for a unit of
the National Forest System. Nothing in this section exempts
the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not
apply to funds appropriated to implement the Everglades
National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging
and stumpage costs and provide a normal profit and risk
allowance under the Forest Service's appraisal process) when
appraised using a residual value appraisal. The western red
cedar timber from those sales which is surplus to the needs
of the domestic processors in Alaska, shall be made available
to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of
the timber sale holder.
[[Page H9530]]
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of
Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website 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.
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 415. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds
in each program and activity.
report on use of climate change funds
Sec. 416. Not later than 120 days after the date on which
the President's fiscal year 2017 budget request is submitted
to the Congress, the President shall submit a comprehensive
report to the Committees on Appropriations of the House of
Representatives and the Senate describing in detail all
Federal agency funding, domestic and international, for
climate change programs, projects, and activities in fiscal
years 2015 and 2016, including an accounting of funding by
agency with each agency identifying climate change programs,
projects, and activities and associated costs by line item as
presented in the President's Budget Appendix, and including
citations and linkages where practicable to each strategic
plan that is driving funding within each climate change
program, project, and activity listed in the report.
prohibition on use of funds
Sec. 417. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring
the issuance of permits under title V of the Clean Air Act
(42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide,
water vapor, or methane emissions resulting from biological
processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 418. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
modification of authorities
Sec. 419. (a) Section 8162(m)(3) of the Department of
Defense Appropriations Act, 2000 (40 U.S.C. 8903 note; Public
Law 106-79) is amended by striking ``September 30, 2015'' and
inserting ``September 30, 2016''.
(b) For fiscal year 2016, 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.
funding prohibition
Sec. 420. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or
any other law.
contracting authorities
Sec. 421. Section 412 of Division E of Public Law 112-74
is amended by striking ``fiscal year 2015,'' and inserting
``fiscal year 2017,''.
chesapeake bay initiative
Sec. 422. Section 502(c) of the Chesapeake Bay Initiative
Act of 1998 (Public Law 105-312; 16 U.S.C. 461 note) is
amended by striking ``2015'' and inserting ``2017''.
extension of grazing permits
Sec. 423. The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing
permits issued by the Forest Service on any lands not subject
to administration under section 402 of the Federal Lands
Policy and Management Act (43 U.S.C. 1752), shall remain in
effect for fiscal year 2016.
use of american iron and steel
Sec. 424. (a)(1) None of the funds made available by a
State water pollution control revolving fund as authorized by
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water system
or treatment works unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based
on the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web
[[Page H9531]]
site of the Environmental Protection Agency.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking
Water State Revolving Funds for carrying out the provisions
described in subsection (a)(1) for management and oversight
of the requirements of this section.
notification requirements
Sec. 425. (a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Affected state.--The term ``affected State'' means any
of the Great Lakes States (as defined in section 118(a)(3) of
the Federal Water Pollution Control Act (33 U.S.C.
1268(a)(3))).
(3) Discharge.--The term ``discharge'' means a discharge as
defined in section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362).
(4) Great lakes.--The term ``Great Lakes'' means any of the
waters as defined in section 118(a)(3) of the Federal Water
Pollution Control Act (33 U.S.C. 1268(a)(3)).
(5) Treatment works.--The term ``treatment works'' has the
meaning given the term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
(b) Requirements.--
(1) In general.--The Administrator shall work with affected
States having publicly owned treatment works that discharge
to the Great Lakes to create public notice requirements for a
combined sewer overflow discharge to the Great Lakes.
(2) Notice requirements.--The notice requirements referred
to in paragraph (1) shall provide for--
(i) the method of the notice;
(ii) the contents of the notice, in accordance with
paragraph (3); and
(iii) requirements for public availability of the notice.
(3) Minimum requirements.--
(A) In general.--The contents of the notice under paragraph
(1) shall include--
(i) the dates and times of the applicable discharge;
(ii) the volume of the discharge; and
(iii) a description of any public access areas impacted by
the discharge.
(B) Consistency.--The minimum requirements under this
paragraph shall be consistent for all affected States.
(4) Additional requirements.--The Administrator shall work
with the affected States to include--
(A) follow-up notice requirements that provide a
description of--
(i) each applicable discharge;
(ii) the cause of the discharge; and
(iii) plans to prevent a reoccurrence of a combined sewer
overflow discharge to the Great Lakes consistent with section
402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) or an administrative order or consent decree under such
Act; and
(B) annual publication requirements that list each
treatment works from which the Administrator or the affected
State receive a follow-up notice.
(5) Timing.--
(A) The notice and publication requirements described in
this subsection shall be implemented by not later than 2
years after the date of enactment of this Act.
(B) The Administrator of the EPA may extend the
implementation deadline for individual communities if the
Administrator determines the community needs additional time
to comply in order to avoid undue economic hardship.
(6) State action.--Nothing in this subsection prohibits an
affected State from establishing a State notice requirement
in the event of a discharge that is more stringent than the
requirements described in this subsection.
great lakes restoration initiative
Sec. 426. Section 118(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1268(c)) is amended by striking
paragraph (7) and inserting the following:
``(7) Great lakes restoration initiative.--
``(A) Establishment.--There is established in the Agency a
Great Lakes Restoration Initiative (referred to in this
paragraph as the `Initiative') to carry out programs and
projects for Great Lakes protection and restoration.
``(B) Focus areas.--The Initiative shall prioritize
programs and projects carried out in coordination with non-
Federal partners and programs and projects that address
priority areas each fiscal year, including--
``(i) the remediation of toxic substances and areas of
concern;
``(ii) the prevention and control of invasive species and
the impacts of invasive species;
``(iii) the protection and restoration of nearshore health
and the prevention and mitigation of nonpoint source
pollution;
``(iv) habitat and wildlife protection and restoration,
including wetlands restoration and preservation; and
``(v) accountability, monitoring, evaluation,
communication, and partnership activities.
``(C) Projects.--Under the Initiative, the Agency shall
collaborate with Federal partners, including the Great Lakes
Interagency Task Force, to select the best combination of
programs and projects for Great Lakes protection and
restoration using appropriate principles and criteria,
including whether a program or project provides--
``(i) the ability to achieve strategic and measurable
environmental outcomes that implement the Great Lakes Action
Plan and the Great Lakes Water Quality Agreement;
``(ii) the feasibility of--
``(I) prompt implementation;
``(II) timely achievement of results; and
``(III) resource leveraging; and
``(iii) the opportunity to improve interagency and inter-
organizational coordination and collaboration to reduce
duplication and streamline efforts.
``(D) Implementation of projects.--
``(i) In general.--Subject to subparagraph (G)(ii), funds
made available to carry out the Initiative shall be used to
strategically implement--
``(I) Federal projects; and
``(II) projects carried out in coordination with States,
Indian tribes, municipalities, institutions of higher
education, and other organizations.
``(ii) Transfer of funds.--With amounts made available for
the Initiative each fiscal year, the Administrator may--
``(I) transfer not more than the total amount appropriated
under subparagraph (G)(i) for the fiscal year to the head of
any Federal department or agency, with the concurrence of the
department or agency head, to carry out activities to support
the Initiative and the Great Lakes Water Quality Agreement;
and
``(II) enter into an interagency agreement with the head of
any Federal department or agency to carry out activities
described in subclause (I).
``(E) Scope.--
``(i) In general.--Projects shall be carried out under the
Initiative on multiple levels, including--
``(I) Great Lakes-wide; and
``(II) Great Lakes basin-wide.
``(ii) Limitation.--No funds made available to carry out
the Initiative may be used for any water infrastructure
activity (other than a green infrastructure project that
improves habitat and other ecosystem functions in the Great
Lakes) for which amounts are made available from--
``(I) a State water pollution control revolving fund
established under title VI; or
``(II) a State drinking water revolving loan fund
established under section 1452 of the Safe Drinking Water Act
(42 U.S.C. 300j-12).
``(F) Activities by other federal agencies.--Each relevant
Federal department or agency shall, to the maximum extent
practicable--
``(i) maintain the base level of funding for the Great
Lakes activities of that department or agency without regard
to funding under the Initiative; and
``(ii) identify new activities and projects to support the
environmental goals of the Initiative.
``(G) Funding.--There are authorized to be appropriated to
carry out this paragraph for fiscal year 2016,
$300,000,000.''.
john f. kennedy center reauthorization
Sec. 427. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b)
and inserting the following:
``(a) Maintenance, Repair, and Security.--There is
authorized to be appropriated to the Board to carry out
section 4(a)(1)(H), $22,000,000 for fiscal year 2016.
``(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $15,000,000 for fiscal year 2016.''.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2016''.
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA''), the
Second Chance Act of 2007, the National Apprenticeship Act,
and the Women in Apprenticeship and Nontraditional
Occupations Act of 1992 (``WANTO Act''), $3,335,425,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker
employment and training activities, $2,709,832,000 as
follows:
(A) $815,556,000 for adult employment and training
activities, of which $103,556,000 shall be available for the
period July 1, 2016 through June 30, 2017, and of which
$712,000,000 shall be available for the period October 1,
2016 through June 30, 2017;
(B) $873,416,000 for youth activities, which shall be
available for the period April 1, 2016 through June 30, 2017;
and
(C) $1,020,860,000 for dislocated worker employment and
training activities, of which $160,860,000 shall be available
for the period July 1, 2016 through June 30, 2017, and of
which $860,000,000 shall be available for the period October
1, 2016 through June 30, 2017:
Provided, That pursuant to section 128(a)(1) of the WIOA,
the amount available to the Governor for statewide workforce
investment activities shall not exceed 15 percent of the
amount allotted to the State from each of the appropriations
under the preceding
[[Page H9532]]
subparagraphs: Provided further, That the funds available
for allotment to outlying areas to carry out subtitle B of
title I of the WIOA shall not be subject to the requirements
of section 127(b)(1)(B)(ii) of such Act; and
(2) for national programs, $625,593,000 as follows:
(A) $220,859,000 for the dislocated workers assistance
national reserve, of which $20,859,000 shall be available for
the period July 1, 2016 through September 30, 2017, and of
which $200,000,000 shall be available for the period October
1, 2016 through September 30, 2017: Provided, That funds
provided to carry out section 132(a)(2)(A) of the WIOA may be
used to provide assistance to a State for statewide or local
use in order to address cases where there have been worker
dislocations across multiple sectors or across multiple local
areas and such workers remain dislocated; coordinate the
State workforce development plan with emerging economic
development needs; and train such eligible dislocated
workers: Provided further, That funds provided to carry out
sections 168(b) and 169(c) of the WIOA may be used for
technical assistance and demonstration projects,
respectively, that provide assistance to new entrants in the
workforce and incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary of Labor
(referred to in this title as ``Secretary'') may reserve not
more than 10 percent of such funds to provide technical
assistance and carry out additional activities related to the
transition to the WIOA: Provided further, That, of the funds
provided under this subparagraph, $19,000,000 shall be made
available for applications submitted in accordance with
section 170 of the WIOA for training and employment
assistance for workers dislocated from coal mines and coal-
fired power plants;
(B) $50,000,000 for Native American programs under section
166 of the WIOA, which shall be available for the period July
1, 2016 through June 30, 2017;
(C) $81,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $75,885,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $5,517,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $494,000 for
other discretionary purposes, which shall be available for
the period July 1, 2016 through June 30, 2017: Provided,
That notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible participants
receiving related assistance services or discouraging
grantees from providing such services;
(D) $994,000 for carrying out the WANTO Act, which shall be
available for the period July 1, 2016 through June 30, 2017;
(E) $84,534,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the
period April 1, 2016 through June 30, 2017;
(F) $3,232,000 for technical assistance activities under
section 168 of the WIOA, which shall be available for the
period July 1, 2016 through June 30, 2017;
(G) $88,078,000 for ex-offender activities, under the
authority of section 169 of the WIOA and section 212 of the
Second Chance Act of 2007, which shall be available for the
period April 1, 2016 through June 30, 2017: Provided, That
of this amount, $20,000,000 shall be for competitive grants
to national and regional intermediaries for activities that
prepare young ex-offenders and school dropouts for
employment, with a priority for projects serving high-crime,
high-poverty areas;
(H) $6,000,000 for the Workforce Data Quality Initiative,
under the authority of section 169 of the WIOA, which shall
be available for the period July 1, 2016 through June 30,
2017; and
(I) $90,000,000 to expand opportunities relating to
apprenticeship programs registered under the National
Apprenticeship Act, to be available to the Secretary to carry
out activities through grants, cooperative agreements,
contracts and other arrangements, with States and other
appropriate entities, which shall be available for the period
April 1, 2016 through June 30, 2017.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase
of real property for training centers as authorized by the
WIOA, $1,689,155,000, plus reimbursements, as follows:
(1) $1,581,825,000 for Job Corps Operations, which shall be
available for the period July 1, 2016 through June 30, 2017;
(2) $75,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available
for the period July 1, 2016 through June 30, 2019, and which
may include the acquisition, maintenance, and repair of major
items of equipment: Provided, That the Secretary may
transfer up to 15 percent of such funds to meet the
operational needs of such centers or to achieve
administrative efficiencies: Provided further, That any
funds transferred pursuant to the preceding proviso shall not
be available for obligation after June 30, 2017: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2015 through September 30, 2016:
Provided, That no funds from any other appropriation shall
be used to provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $434,371,000, which
shall be available for the period July 1, 2016 through June
30, 2017, and may be recaptured and reobligated in accordance
with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2016 of trade adjustment
benefit payments and allowances under part I of subchapter B
of chapter 2 of title II of the Trade Act of 1974, and
section 246 of that Act; and for training, employment and
case management services, allowances for job search and
relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade
Act of 1974, and including benefit payments, allowances,
training, employment and case management services, and
related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of
2011 and section 405(a) of the Trade Preferences Extension
Act of 2015, $861,000,000 together with such amounts as may
be necessary to be charged to the subsequent appropriation
for payments for any period subsequent to September 15, 2016:
Provided, That notwithstanding section 502 of this division,
any part of the appropriation provided under this heading may
remain available for obligation beyond the current fiscal
year pursuant to the authorities of section 245(c) of the
Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $89,066,000,
together with not to exceed $3,480,812,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $2,725,550,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $95,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews, and to provide
reemployment services and referrals to training as
appropriate, for claimants of unemployment insurance for ex-
service members under 5 U.S.C. 8521 et. seq. and for the
claimants of regular unemployment compensation who are
profiled as most likely to exhaust their benefits in each
State, and $3,000,000 for continued support of the
Unemployment Insurance Integrity Center of Excellence), the
administration of unemployment insurance for Federal
employees and for ex-service members as authorized under 5
U.S.C. 8501-8523, and the administration of trade
readjustment allowances, reemployment trade adjustment
assistance, and alternative trade adjustment assistance under
the Trade Act of 1974 and under section 231(a) of the Trade
Adjustment Assistance Extension Act of 2011 and section
405(a) of the Trade Preferences Extension Act of 2015, and
shall be available for obligation by the States through
December 31, 2016, except that funds used for automation
acquisitions shall be available for Federal obligation
through December 31, 2016, and for State obligation through
September 30, 2018, or, if the automation acquisition is
being carried out through consortia of States, for State
obligation through September 30, 2021, and for expenditure
through September 30, 2022, and funds for competitive grants
awarded to States for improved operations and to conduct in-
person assessments and reviews and provide reemployment
services and referrals shall be available for Federal
obligation through December 31, 2016, and for obligation by
the States through September 30, 2018, and funds for the
Unemployment Insurance Integrity Center of Excellence shall
be available for obligation by the State through September
30, 2017, and funds used for unemployment insurance workloads
experienced by the States through September 30, 2016 shall be
available for Federal obligation through December 31, 2016;
(2) $14,547,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $658,587,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2016 through June 30, 2017;
(4) $19,818,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, and the
provision of technical assistance and staff training under
the Wagner-Peyser Act;
(5) $62,310,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related
[[Page H9533]]
laws, of which $48,028,000 shall be available for the Federal
administration of such activities, and $14,282,000 shall be
available for grants to States for the administration of such
activities; and
(6) $67,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-
stop system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2016
through June 30, 2017:
Provided, That to the extent that the Average Weekly
Insured Unemployment (``AWIU'') for fiscal year 2016 is
projected by the Department of Labor to exceed 2,680,000, an
additional $28,600,000 from the Trust Fund shall be available
for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that
are allotted to a State to carry out activities under title
III of the Social Security Act may be used by such State to
assist other States in carrying out activities under such
title III if the other States include areas that have
suffered a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the
Social Security Act to make payments on behalf of States for
the use of the National Directory of New Hires under section
453(j)(8) of such Act: Provided further, That the Secretary
may use funds appropriated for grants to States under title
III of the Social Security Act to make payments on behalf of
States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated
in this Act which are used to establish a national one-stop
career center system, or which are used to support the
national activities of the Federal-State unemployment
insurance, employment service, or immigration programs, may
be obligated in contracts, grants, or agreements with States
and non-State entities: Provided further, That States
awarded competitive grants for improved operations under
title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State
unemployment insurance system, may award subgrants to other
States under such grants, subject to the conditions
applicable to the grants: Provided further, That funds
appropriated under this Act for activities authorized under
title III of the Social Security Act and the Wagner-Peyser
Act may be used by States to fund integrated Unemployment
Insurance and Employment Service automation efforts,
notwithstanding cost allocation principles prescribed under
the Office of Management and Budget Circular A-87: Provided
further, That the Secretary, at the request of a State
participating in a consortium with other States, may reallot
funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium
in order to carry out activities that benefit the
administration of the unemployment compensation law of the
State making the request: Provided further, That the
Secretary may collect fees for the costs associated with
additional data collection, analyses, and reporting services
relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations
and may utilize such sums, in accordance with the provisions
of 29 U.S.C. 9a, for the National Agricultural Workers Survey
infrastructure, methodology, and data to meet the information
collection and reporting needs of such entities, which shall
be credited to this appropriation and shall remain available
until September 30, 2017, for such purposes.
In addition, $20,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall
be available for in-person reemployment and eligibility
assessments and unemployment insurance improper payment
reviews and to provide reemployment services and referrals to
training as appropriate, which shall be available for Federal
obligations through December 31, 2016, and for State
obligation through September 30, 2018.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1986; and for nonrepayable advances to the revolving fund
established by section 901(e) of the Social Security Act, to
the Unemployment Trust Fund as authorized by 5 U.S.C. 8509,
and to the ``Federal Unemployment Benefits and Allowances''
account, such sums as may be necessary, which shall be
available for obligation through September 30, 2017.
program administration
For expenses of administering employment and training
programs, $104,577,000, together with not to exceed
$49,982,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust
Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within
limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year
limitations, as provided by 31 U.S.C. 9104, as may be
necessary in carrying out the program, including associated
administrative expenses, through September 30, 2016, for the
Corporation: Provided, That none of the funds available to
the Corporation for fiscal year 2016 shall be available for
obligations for administrative expenses in excess of
$431,799,000: Provided further, That to the extent that the
number of new plan participants in plans terminated by the
Corporation exceeds 100,000 in fiscal year 2016, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2017, for obligation for administrative
expenses for every 20,000 additional terminated participants:
Provided further, That obligations in excess of the amounts
provided in this paragraph may be incurred for unforeseen and
extraordinary pretermination expenses or extraordinary
multiemployer program related expenses after approval by the
Office of Management and Budget and notification of the
Committees on Appropriations of the House of Representatives
and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$227,500,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $40,593,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,476,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $113,324,000, together with $2,177,000
which may be expended from the Special Fund in accordance
with sections 39(c), 44(d), and 44(j) of the Longshore and
Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current
or any prior fiscal year authorized by 5 U.S.C. 81;
continuation of benefits as provided for under the heading
``Civilian War Benefits'' in the Federal Security Agency
Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; section 5(f) of the War
Claims Act (50 U.S.C. App. 2004); obligations incurred under
the War Hazards Compensation Act (42 U.S.C. 1701 et seq.);
and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor
Workers' Compensation Act, $210,000,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the
current year, for deposit into and to assume the attributes
of the Employees' Compensation Fund established under 5
U.S.C. 8147(a): Provided, That amounts appropriated may be
used under 5 U.S.C. 8104 by the Secretary to reimburse an
employer, who is not the employer at the time of injury, for
portions of the salary of a re-employed, disabled
beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2015, shall
remain available until expended for the payment of
compensation, benefits, and expenses: Provided further, That
in addition there shall be transferred to this appropriation
from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an
amount for its fair share of the cost of administration, such
sums as the Secretary determines to be the cost of
administration for employees of such fair share entities
through September 30, 2016: Provided further, That of those
funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $62,170,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$21,140,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $16,668,000;
(4) For program integrity, $1,394,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
[[Page H9534]]
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits
under 5 U.S.C. 81, or the Longshore and Harbor Workers'
Compensation Act, provide as part of such notice and claim,
such identifying information (including Social Security
account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$69,302,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act,
for costs incurred in the current fiscal year, such amounts
as may be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2017, $19,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $58,552,000,
to remain available until expended: Provided, That the
Secretary may require that any person filing a claim for
benefits under the Act provide as part of such claim such
identifying information (including Social Security account
number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by
section 9501(d)(1), (2), (6), and (7) of the Internal Revenue
Code of 1986; and repayment of, and payment of interest on
advances, as authorized by section 9501(d)(4) of that Act. In
addition, the following amounts may be expended from the Fund
for fiscal year 2016 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): not to exceed $35,244,000
for transfer to the Office of Workers' Compensation Programs,
``Salaries and Expenses''; not to exceed $30,279,000 for
transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $327,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous
receipts for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $552,787,000, including not to exceed
$100,850,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational
Safety and Health Act (the ``Act''), which grants shall be no
less than 50 percent of the costs of State occupational
safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act;
and, in addition, notwithstanding 31 U.S.C. 3302, the
Occupational Safety and Health Administration may retain up
to $499,000 per fiscal year of training institute course
tuition and fees, otherwise authorized by law to be
collected, and may utilize such sums for occupational safety
and health training and education: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary is authorized,
during the fiscal year ending September 30, 2016, to collect
and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to
administer national and international laboratory recognition
programs that ensure the safety of equipment and products
used by workers in the workplace: Provided further, That
none of the funds appropriated under this paragraph shall be
obligated or expended to prescribe, issue, administer, or
enforce any standard, rule, regulation, or order under the
Act which is applicable to any person who is engaged in a
farming operation which does not maintain a temporary labor
camp and employs 10 or fewer employees: Provided further,
That no funds appropriated under this paragraph shall be
obligated or expended to administer or enforce any standard,
rule, regulation, or order under the Act with respect to any
employer of 10 or fewer employees who is included within a
category having a Days Away, Restricted, or Transferred
(``DART'') occupational injury and illness rate, at the most
precise industrial classification code for which such data
are published, less than the national average rate as such
rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and
to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for
violations which are not corrected within a reasonable
abatement period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for
exercising rights under the Act:
Provided further, That the foregoing proviso shall not
apply to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That $10,537,000 shall
be available for Susan Harwood training grants.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $375,887,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue
and first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $8,441,000 for State assistance
grants: Provided, That notwithstanding 31 U.S.C. 3302, not
to exceed $750,000 may be collected by the National Mine
Health and Safety Academy for room, board, tuition, and the
sale of training materials, otherwise authorized by law to be
collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to
$2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use
in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and,
notwithstanding any other provision of law, may provide funds
and, with or without reimbursement, personnel, including
service of Mine Safety and Health Administration officials as
officers in local chapters or in the national organization:
Provided further, That any funds available to the Department
of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations
in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$544,000,000, together with not to exceed $65,000,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $38,203,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$334,065,000, together with not to exceed $308,000, which may
be expended from the Employment Security Administration
account in the Unemployment Trust Fund: Provided, That
$59,825,000 for the Bureau of International Labor Affairs
shall be available for obligation through December 31, 2016:
Provided further, That funds available to the Bureau of
International Labor Affairs may be used to administer or
operate international labor activities, bilateral and
multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other
arrangements: Provided further, That not more than
$53,825,000 shall be for programs to combat exploitative
child labor internationally and not less than $6,000,000
shall be used to implement model programs that address worker
rights issues through technical assistance in countries with
which the United States has free trade agreements or trade
preference programs: Provided further, That $8,040,000 shall
be used for program evaluation and shall be available for
obligation through September 30, 2017: Provided further,
That funds available for program evaluation may be used to
administer grants for the purpose of evaluation: Provided
further, That grants made for the purpose of evaluation shall
be awarded through fair and open competition: Provided
further, That funds available for program evaluation may be
transferred to any other appropriate account in
[[Page H9535]]
the Department for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of
any transfer: Provided further, That the funds available to
the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce.
veterans employment and training
Not to exceed $233,001,000 may be derived from the
Employment Security Administration account in the
Unemployment Trust Fund to carry out the provisions of
chapters 41, 42, and 43 of title 38, United States Code, of
which:
(1) $175,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such
title and local veterans' employment representatives under
section 4104(b) of such title, and for the expenses described
in section 4102A(b)(5)(C), which shall be available for
obligation by the States through December 31, 2016, and not
to exceed 3 percent for the necessary Federal expenditures
for data systems and contract support to allow for the
tracking of participant and performance information:
Provided, That, in addition, such funds may be used to
support such specialists and representatives in the provision
of services to transitioning members of the Armed Forces who
have participated in the Transition Assistance Program and
have been identified as in need of intensive services, to
members of the Armed Forces who are wounded, ill, or injured
and receiving treatment in military treatment facilities or
warrior transition units, and to the spouses or other family
caregivers of such wounded, ill, or injured members;
(2) $14,100,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $40,487,000 is for Federal administration of chapters
41, 42, and 43 of title 38, United States Code; and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4)
above an amount not to exceed 3 percent of the appropriation
from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$38,109,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided,
That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30,
2016, to provide services under such section: Provided
further, That services provided under section 2023 may
include, in addition to services to the individuals described
in subsection (e) of such section, services to veterans
recently released from incarceration who are at risk of
homelessness.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $29,778,000.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector
General Act of 1978, $80,640,000, together with not to exceed
$5,660,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of
an individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity
for which no funds are provided in this Act: Provided
further, That the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15
days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, in whole or in part, by
forced or indentured child labor in industries and host
countries already identified by the United States Department
of Labor prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section,
none of the funds made available to the Department of Labor
for grants under section 414(c) of the American
Competitiveness and Workforce Improvement Act of 1998 (29
U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school
within a local educational agency in the occupations and
industries for which employers are using H-1B visas to hire
foreign workers, and the related activities necessary to
support such training: Provided, That up to $13,000,000 of
such funds shall be available for obligation through
September 30, 2017 to process permanent foreign labor
certifications under section 212(a)(5)(A) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(5)(A)): Provided
further, That the funding limitation under this section shall
not apply to funding provided pursuant to solicitations for
grant applications issued before January 15, 2014.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive
Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of
Management and Budget Circular A-133. Where States are
recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and
bonuses from subrecipients of such funds, taking into account
factors including the relative cost-of-living in the State,
the compensation levels for comparable State or local
government employees, and the size of the organizations that
administer Federal programs involved including Employment and
Training Administration programs.
(transfer of funds)
Sec. 106. Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-
aside, for technical assistance services to grantees to
``Program Administration'' when it is determined that those
services will be more efficiently performed by Federal
employees: Provided, That this section shall not apply to
section 171 of the WIOA.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out
evaluations of any of the programs or activities that are
funded under such accounts. Any funds reserved under this
section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within
the Department of Labor, and shall be available for
obligation through September 30, 2017: Provided, That such
funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the
Senate describing the evaluations to be carried out 15 days
in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office
of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health
Administration'', ``Office of Disability Employment Policy'',
funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental
Management, Salaries and Expenses'' account, and ``Veterans
Employment and Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following
text is part of such section:
``(s)(1) The provisions of this section shall not apply for
a period of 2 years after the occurrence of a major disaster
to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not
engaged, directly or through an affiliate, in underwriting,
selling, or marketing property, casualty, or liability
insurance policies or contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in
any of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from or
relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining liability
or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
[[Page H9536]]
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster'
means an individual who timely secured or secures a license
required by applicable law to engage in and perform the
activities described in clauses (i) through (v) of paragraph
(1)(C) relating to a major disaster, and is employed by an
employer that maintains worker compensation insurance
coverage or protection for its employees, if required by
applicable law, and withholds applicable Federal, State, and
local income and payroll taxes from the wages, salaries and
any benefits of such employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the
outstanding shares of any class of voting securities of one
or more companies, directly or indirectly, controls, is
controlled by, or is under common control with, another
company.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 109. Notwithstanding any other provision of law,
beginning October 1, 2015, the Secretary of Labor, in
consultation with the Secretary of Agriculture may select an
entity to operate a Civilian Conservation Center on a
competitive basis in accordance with section 147 of the WIOA,
if the Secretary of Labor determines such Center has had
consistently low performance under the performance
accountability system in effect for the Job Corps program
prior to July 1, 2016, or with respect to expected levels of
performance established under section 159(c) of such Act
beginning July 1, 2016.
Sec. 110. None of the funds made available by this Act may
be used to implement, administer, or enforce the Establishing
a Minimum Wage for Contractors regulation published by the
Department of Labor in the Federal Register on October 7,
2014 (79 Fed. Reg. 60634 et seq.), with respect to Federal
contracts, permits, or other contract-like instruments
entered into with the Federal Government in connection with
Federal property or lands, specifically related to offering
seasonal recreational services or seasonal recreation
equipment rental for the general public: Provided, That this
section shall not apply to lodging and food services
associated with seasonal recreation services.
Sec. 111. (a) Flexibility With Respect to the Crossing of
H-2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition
for H-2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
which the employer is seeking the services of the
nonimmigrants without filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the
start date for which the employer is seeking the services of
the nonimmigrants unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2 separate
Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the
seafood industry who brings H-2B nonimmigrants into the
United States during the 120-day period specified in
paragraph (1) to be staggering the date of need in violation
of section 655.20(d) of title 20, Code of Federal
Regulations, or any other applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 112. The determination of prevailing wage for the
purposes of the H-2B program shall be the greater of--(1) the
actual wage level paid by the employer to other employees
with similar experience and qualifications for such position
in the same location; or (2) the prevailing wage level for
the occupational classification of the position in the
geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time
of filing the petition. In the determination of prevailing
wage for the purposes of the H-2B program, the Secretary
shall accept private wage surveys even in instances where
Occupational Employment Statistics survey data are available
unless the Secretary determines that the methodology and data
in the provided survey are not statistically supported.
Sec. 113. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in
20 CFR 655.5 or the three-fourths guarantee rule definition
found in 20 CFR 655.20, or any references thereto. Further,
for the purpose of regulating admission of temporary workers
under the H-2B program, the definition of temporary need
shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 114. None of the funds in this Act shall be used to
implement 20 CFR 655.70 and 20 CFR 655.71.
This title may be cited as the ``Department of Labor
Appropriations Act, 2016''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,491,522,000 (in addition to the
$3,600,000,000 previously appropriated to the Community
Health Center Fund for fiscal year 2016): Provided, That no
more than $100,000 shall be available until expended for
carrying out the provisions of section 224(o) of the PHS Act:
Provided further, That no more than $99,893,000 shall be
available until expended for carrying out the provisions of
Public Law 104-73 and for expenses incurred by the Department
of Health and Human Services (referred to in this Act as
``HHS'') pertaining to administrative claims made under such
law: Provided further, That of funds provided for the Health
Centers program, as defined by section 330 of the PHS Act, by
this Act or any other Act for fiscal year 2016, not less than
$200,000,000 shall be obligated in fiscal year 2016 to
support new access points, grants to expand medical services,
behavioral health, oral health, pharmacy, or vision services,
and not less than $150,000,000 shall be obligated in fiscal
year 2016 for construction and capital improvement costs:
Provided further, That the time limitation in section
330(e)(3) of the PHS Act shall not apply in fiscal year 2016.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, section 1128E of the
Social Security Act, and the Health Care Quality Improvement
Act of 1986, $786,895,000: Provided, That sections
747(c)(2), 751(j)(2), 762(k), and the proportional funding
amounts in paragraphs (1) through (4) of section 756(e) of
the PHS Act shall not apply to funds made available under
this heading: Provided further, That for any program
operating under section 751 of the PHS Act on or before
January 1, 2009, the Secretary of Health and Human Services
(referred to in this title as the ``Secretary'') may
hereafter waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full
project period of a grant under such section: Provided
further, That no funds shall be available for section 340G-1
of the PHS Act: Provided further, That fees collected for
the disclosure of information under section 427(b) of the
Health Care Quality Improvement Act of 1986 and sections
1128E(d)(2) and 1921 of the Social Security Act shall be
sufficient to recover the full costs of operating the
programs authorized by such sections and shall remain
available until expended for the National Practitioner Data
Bank: Provided further, That funds transferred to this
account to carry out section 846 and subpart 3 of part D of
title III of the PHS Act may be used to make prior year
adjustments to awards made under such sections.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health, title V of the
Social Security Act, and section 712 of the American Jobs
Creation Act of 2004, $845,117,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, not more than $77,093,000 shall be
available for carrying out special projects of regional and
national significance pursuant to section 501(a)(2) of such
Act and $10,276,000 shall be available for projects described
in subparagraphs (A) through (F) of section 501(a)(3) of such
Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,322,781,000, of which
$1,970,881,000 shall remain available to the Secretary
through September 30, 2018, for parts A and B of title XXVI
of the PHS Act, and of which not less than $900,313,000 shall
be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $103,193,000, of which $122,000
shall be available until expended for facilities renovations
at the Gillis W. Long Hansen's Disease Center.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act of 1969, and sections 711 and 1820
of the Social Security Act, $149,571,000, of which
$41,609,000 from general revenues, notwithstanding section
1820(j) of the Social Security Act, shall be available for
carrying out the Medicare rural hospital flexibility grants
program: Provided, That of the funds
[[Page H9537]]
made available under this heading for Medicare rural hospital
flexibility grants, $14,942,000 shall be available for the
Small Rural Hospital Improvement Grant Program for quality
improvement and adoption of health information technology and
up to $1,000,000 shall be to carry out section 1820(g)(6) of
the Social Security Act, with funds provided for grants under
section 1820(g)(6) available for the purchase and
implementation of telehealth services, including pilots and
demonstrations on the use of electronic health records to
coordinate rural veterans care between rural providers and
the Department of Veterans Affairs electronic health record
system: Provided further, That notwithstanding section
338J(k) of the PHS Act, $9,511,000 shall be available for
State Offices of Rural Health.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$286,479,000: Provided, That amounts provided to said
projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for
any activity (including the publication or distribution of
literature) that in any way tends to promote public support
or opposition to any legislative proposal or candidate for
public office.
program management
For program support in the Health Resources and Services
Administration, $154,000,000: Provided, That funds made
available under this heading may be used to supplement
program support funding provided under the headings ``Primary
Health Care'', ``Health Workforce'', ``Maternal and Child
Health'', ``Ryan White HIV/AIDS Program'', ``Health Care
Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be
necessary for claims associated with vaccine-related injury
or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of
the PHS Act, to remain available until expended: Provided,
That for necessary administrative expenses, not to exceed
$7,500,000 shall be available from the Trust Fund to the
Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to immunization and respiratory
diseases, $459,055,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention,
$1,122,278,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $527,885,000.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of
the PHS Act with respect to chronic disease prevention and
health promotion, $838,146,000: Provided, That funds
appropriated under this account may be available for making
grants under section 1509 of the PHS Act for not less than 21
States, tribes, or tribal organizations: Provided further,
That of the funds available under this heading, $10,000,000
shall be available to continue and expand community specific
extension and outreach programs to combat obesity in counties
with the highest levels of obesity: Provided further, That
the proportional funding requirements under section 1503(a)
of the PHS Act shall not apply to funds made available under
this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS
Act with respect to birth defects, developmental
disabilities, disabilities and health, $135,610,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act
with respect to health statistics, surveillance, health
informatics, and workforce development, $491,597,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act
with respect to environmental health, $165,303,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act
with respect to injury prevention and control, $236,059,000:
Provided, That of the funds provided under this heading,
$70,000,000 shall be available for an evidence-based opioid
drug overdose prevention program.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $339,121,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000,
to remain available until expended: Provided, That this
amount shall be available consistent with the provision
regarding administrative expenses in section 151(b) of
division B, title I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act
with respect to global health, $427,121,000, of which
$128,421,000 for international HIV/AIDS shall remain
available through September 30, 2017: Provided, That funds
may be used for purchase and insurance of official motor
vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act
with respect to public health preparedness and response, and
for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and
chemical threats to civilian populations, $1,405,000,000, of
which $575,000,000 shall remain available until expended for
the Strategic National Stockpile: Provided, That in the
event the Director of the CDC activates the Emergency
Operations Center, the Director of the CDC may detail CDC
staff without reimbursement for up to 90 days to support the
work of the CDC Emergency Operations Center, so long as the
Director provides a notice to the Committees on
Appropriations of the House of Representatives and the Senate
within 15 days of the use of this authority and a full report
within 30 days after use of this authority which includes the
number of staff and funding level broken down by the
originating center and number of days detailed: Provided
further, That funds appropriated under this heading may be
used to support a contract for the operation and maintenance
of an aircraft in direct support of activities throughout CDC
to ensure the agency is prepared to address public health
preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
demolition, and renovation of facilities, $10,000,000, which
shall remain available until September 30, 2020: Provided,
That funds previously set-aside by CDC for repair and upgrade
of the Lake Lynn Experimental Mine and Laboratory shall be
used to acquire a replacement mine safety research facility:
Provided further, That in addition, the prior year
unobligated balance of any amounts assigned to former
employees in accounts of CDC made available for Individual
Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the
replacement of the mine safety research facility.
cdc-wide activities and program support
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $113,570,000: Provided, That paragraphs (1)
through (3) of subsection (b) of section 2821 of the PHS Act
shall not apply to funds appropriated under this heading and
in all other accounts of the CDC: Provided further, That
employees of CDC or the Public Health Service, both civilian
and commissioned officers, detailed to States,
municipalities, or other organizations under authority of
section 214 of the PHS Act, or in overseas assignments, shall
be treated as non-Federal employees for reporting purposes
only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or HHS during the period
of detail or assignment: Provided further, That CDC may use
up to $10,000 from amounts appropriated to CDC in this Act
for official reception and representation expenses when
specifically approved by the Director of CDC: Provided
further, That in addition, such sums as may be derived from
authorized user fees, which shall be credited to the
appropriation charged with the cost thereof: Provided
further, That with respect to the previous proviso,
authorized user fees from the Vessel Sanitation Program and
the Respirator Certification Program shall be available
through September 30, 2017.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $5,214,701,000, of which up to
$16,000,000 may be used for facilities repairs and
improvements at the National Cancer Institute--Frederick
Federally Funded Research and Development Center in
Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,115,538,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases,
$415,582,000.
[[Page H9538]]
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$1,818,357,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke,
$1,696,139,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases,
$4,629,928,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,512,073,000, of
which $780,000,000 shall be from funds available under
section 241 of the PHS Act: Provided, That not less than
$320,840,000 is provided for the Institutional Development
Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,339,802,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$715,903,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $693,702,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $1,600,191,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin
diseases, $542,141,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$423,031,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $146,485,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $467,700,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,077,488,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,548,390,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $518,956,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering
research, $346,795,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$130,789,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $279,718,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of
title IV of the PHS Act), $70,447,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$394,664,000: Provided, That of the amounts available for
improvement of information systems, $4,000,000 shall be
available until September 30, 2017: Provided further, That
in fiscal year 2016, the National Library of Medicine may
enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health
(referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $685,417,000:
Provided, That up to $25,835,000 shall be available to
implement section 480 of the PHS Act, relating to the Cures
Acceleration Network: Provided further, That at least
$500,000,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
For carrying out the responsibilities of the Office of the
Director, NIH, $1,558,600,000, of which up to $30,000,000 may
be used to carry out section 215 of this Act: Provided, That
funding shall be available for the purchase of not to exceed
29 passenger motor vehicles for replacement only: Provided
further, That all funds credited to the NIH Management Fund
shall remain available for one fiscal year after the fiscal
year in which they are deposited: Provided further, That
$165,000,000 shall be for the National Children's Study
Follow-on: Provided further, That NIH shall submit a spend
plan on the next phase of the study in the previous proviso
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: Provided further, That
$663,039,000 shall be available for the Common Fund
established under section 402A(c)(1) of the PHS Act:
Provided further, That of the funds provided, $10,000 shall
be for official reception and representation expenses when
specifically approved by the Director of the NIH: Provided
further, That the Office of AIDS Research within the Office
of the Director of the NIH may spend up to $8,000,000 to make
grants for construction or renovation of facilities as
provided for in section 2354(a)(5)(B) of the PHS Act:
Provided further, That up to $130,000,000 of the funds
provided to the Common Fund are available to support the
trans-NIH Precision Medicine Initiative: Provided further,
That of the amount provided to the NIH, the Director of the
NIH shall enter into an agreement with the National Academy
of Sciences, as part of the studies conducted under section
489 of the PHS Act, to conduct a comprehensive study on
policies affecting the next generation of researchers in the
United States: Provided further, That, of the funds from
Institute, Center, and Office of the Director accounts within
``Department of Health and Human Services, National
Institutes of Health,'' in order to strengthen privacy
protections for human research participants, NIH shall
require investigators receiving NIH funding for new and
competing research projects designed to generate and analyze
large volumes of data derived from human research
participants to obtain a certificate of confidentiality.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of title
26, United States Code, for the purpose of carrying out
section 402(b)(7)(B)(ii) of the PHS Act (relating to
pediatric research), as authorized in the Gabriella Miller
Kids First Research Act.
buildings and facilities
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $128,863,000, to
remain available through September 30, 2020.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $1,133,948,000:
Provided, That notwithstanding section 520A(f)(2) of the PHS
Act, no funds appropriated for carrying out section 520A
shall be available for carrying out section 1971 of the PHS
Act: Provided further, That in addition to amounts provided
herein, $21,039,000 shall be available under section 241 of
the PHS Act to carry out subpart I of part B of title XIX of
the PHS Act to fund section 1920(b) technical assistance,
national data, data collection and evaluation activities, and
further that the total available under this Act for section
1920(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart I of part B of title XIX: Provided
further, That section 520E(b)(2) of the PHS Act shall not
apply to funds appropriated in this Act for fiscal year 2016:
Provided further, That of the amount appropriated under this
heading, $46,887,000 shall be for the National Child
Traumatic Stress Initiative as described in section 582 of
the PHS Act: Provided further, That notwithstanding section
565(b)(1) of the PHS Act, technical assistance may be
provided to a public entity to establish or operate a system
of comprehensive community mental health services to children
with a serious emotional disturbance, without regard to
whether the public entity receives a grant under section
561(a) of such Act: Provided further, That States shall
expend at least 10 percent of the amount each receives for
carrying out section 1911 of the PHS Act to support evidence-
based programs that address the needs of individuals with
early serious mental illness, including psychotic disorders,
regardless of the age of the individual at onset: Provided
further, That none of the funds provided for section 1911 of
the PHS Act shall be subject to section 241 of such Act:
Provided further, That of the funds made available under this
heading, $15,000,000 shall be to carry out section 224 of the
Protecting Access to Medicare Act of 2014 (Public Law 113-93;
42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III, V, and XIX of the PHS Act with
respect to substance abuse treatment and section 1922(a) of
the PHS Act with respect to substance abuse prevention,
$2,114,224,000: Provided, That in addition to amounts
provided herein, the following amounts shall be available
under section 241 of the PHS Act: (1) $79,200,000 to carry
out
[[Page H9539]]
subpart II of part B of title XIX of the PHS Act to fund
section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; and (2) $2,000,000 to
evaluate substance abuse treatment programs: Provided
further, That none of the funds provided for section 1921 of
the PHS Act shall be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with
respect to substance abuse prevention, $211,219,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance
Abuse Prevention'' in carrying out titles III, V, and XIX of
the PHS Act and the Protection and Advocacy for Individuals
with Mental Illness Act in the Substance Abuse and Mental
Health Services Administration, $174,878,000: Provided, That
in addition to amounts provided herein, $31,428,000 shall be
available under section 241 of the PHS Act to supplement
funds available to carry out national surveys on drug abuse
and mental health, to collect and analyze program data, and
to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be
collected for the costs of publications, data, data
tabulations, and data analysis completed under title V of the
PHS Act and provided to a public or private entity upon
request, which shall be credited to this appropriation and
shall remain available until expended for such purposes:
Provided further, That amounts made available in this Act for
carrying out section 501(m) of the PHS Act shall remain
available through September 30, 2017: Provided further, That
funds made available under this heading may be used to
supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'',
and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of
the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003, $334,000,000: Provided, That
section 947(c) of the PHS Act shall not apply in fiscal year
2016: Provided further, That in addition, amounts received
from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available
until September 30, 2017.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $243,545,410,000, to
remain available until expended.
For making, after May 31, 2016, payments to States under
title XIX or in the case of section 1928 on behalf of States
under title XIX of the Social Security Act for the last
quarter of fiscal year 2016 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social
Security Act for the first quarter of fiscal year 2017,
$115,582,502,000, to remain available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect
during such quarter, if submitted in or prior to such quarter
and approved in that or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $283,171,800,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the
Social Security Act that were not anticipated in budget
estimates, such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII
and XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare and Medicaid Services, not to exceed
$3,669,744,000, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in
accordance with section 353 of the PHS Act and section
1857(e)(2) of the Social Security Act, funds retained by the
Secretary pursuant to section 302 of the Tax Relief and
Health Care Act of 2006; and such sums as may be collected
from authorized user fees and the sale of data, which shall
be credited to this account and remain available until
September 30, 2021: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this
appropriation: Provided further, That the Secretary is
directed to collect fees in fiscal year 2016 from Medicare
Advantage organizations pursuant to section 1857(e)(2) of the
Social Security Act and from eligible organizations with
risk-sharing contracts under section 1876 of that Act
pursuant to section 1876(k)(4)(D) of that Act.
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $681,000,000, to remain
available through September 30, 2017, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$486,120,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for
Medicare Advantage under Part C and the Medicare Prescription
Drug Program under Part D of the Social Security Act and for
activities described in section 1893(b) of such Act, of which
$67,200,000 shall be for the Department of Health and Human
Services Office of Inspector General to carry out fraud and
abuse activities authorized by section 1817(k)(3) of such
Act, of which $67,200,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program
integrity activities, and of which $60,480,000 shall be for
the Department of Justice to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act:
Provided, That the report required by section 1817(k)(5) of
the Social Security Act for fiscal year 2016 shall include
measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs
for the funds provided by this appropriation: Provided
further, That of the amount provided under this heading,
$311,000,000 is provided to meet the terms of section
251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $370,000,000 is
additional new budget authority specified for purposes of
section 251(b)(2)(C) of such Act: Provided further, That the
Secretary shall support the full cost of the Senior Medicare
Patrol program to combat health care fraud and abuse from the
funds provided to this account.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I,
IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $2,944,906,000, to remain available
until expended; and for such purposes for the first quarter
of fiscal year 2017, $1,300,000,000, to remain available
until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960,
for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year,
such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of
section 2602 of the Low Income Home Energy Assistance Act of
1981, $3,390,304,000: Provided, That all but $491,000,000 of
this amount shall be allocated as though the total
appropriation for such payments for fiscal year 2016 was less
than $1,975,000,000: Provided further, That notwithstanding
section 2609A(a), of the amounts appropriated under section
2602(b), not more than $2,988,000 of such amounts may be
reserved by the Secretary for technical assistance, training,
and monitoring of program activities for compliance with
internal controls, policies and procedures and may, in
addition to the authorities provided in section 2609A(a)(1),
use such funds through contracts with private entities that
do not qualify as nonprofit organizations.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of
the Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization
Act of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), section 203 of the Trafficking Victims Protection
Reauthorization Act of 2005, and the Torture Victims Relief
Act of 1998, $1,674,691,000, of which $1,645,201,000 shall
remain available through September 30, 2018 for carrying out
such sections 414, 501, 462, and 235: Provided, That amounts
available under this heading to carry out such section 203
and the TVPA shall also be available for research and
evaluation with respect to activities under those
authorities: Provided further, That the limitation in
section 205 of this Act regarding transfers increasing any
appropriation shall apply to transfers to appropriations
under this heading by substituting ``10 percent'' for ``3
percent''.
[[Page H9540]]
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 2014 (``CCDBG Act''), $2,761,000,000 shall be used to
supplement, not supplant State general revenue funds for
child care assistance for low-income families: Provided,
That, in addition to the amounts required to be reserved by
the States under section 658G of the CCDBG Act, $127,206,000
shall be for activities that improve the quality of infant
and toddler care: Provided further, That technical
assistance under section 658I(a)(3) of such Act may be
provided directly, or through the use of contracts, grants,
cooperative agreements, or interagency agreements: Provided
further, That all funds made available to carry out section
418 of the Social Security Act (42 U.S.C. 618), including
funds appropriated for that purpose in such section 418 or
any other provision of law, shall be subject to the
reservation of funds authority in paragraphs (4) and (5) of
section 658O(a) of the CCDBG Act.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-
A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Child Abuse
Prevention and Treatment Act, sections 303 and 313 of the
Family Violence Prevention and Services Act, the Native
American Programs Act of 1974, title II of the Child Abuse
Prevention and Treatment and Adoption Reform Act of 1978
(adoption opportunities), part B-1 of title IV and sections
429, 473A, 477(i), 1110, 1114A, and 1115 of the Social
Security Act; for making payments under the Community
Services Block Grant Act (``CSBG Act''), and the Assets for
Independence Act; for necessary administrative expenses to
carry out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the
Social Security Act, the Act of July 5, 1960, the Low Income
Home Energy Assistance Act of 1981, title IV of the
Immigration and Nationality Act, and section 501 of the
Refugee Education Assistance Act of 1980; and for the
administration of prior year obligations made by the
Administration for Children and Families under the
Developmental Disabilities Assistance and Bill of Rights Act
and the Help America Vote Act of 2002, $10,984,268,000, of
which $37,943,000, to remain available through September 30,
2017, shall be for grants to States for adoption and legal
guardianship incentive payments, as defined by section 473A
of the Social Security Act and may be made for adoptions
completed before September 30, 2016: Provided, That
$9,168,095,000 shall be for making payments under the Head
Start Act: Provided further, That of the amount in the
previous proviso, $8,214,095,000 shall be available for
payments under section 640 of the Head Start Act, of which
$141,000,000 shall be available for a cost of living
adjustment notwithstanding section 640(a)(3)(A) of such Act:
Provided further, That notwithstanding such section 640, of
the amount in the second preceding proviso, $294,000,000 (of
which up to one percent may be reserved for research and
evaluation) shall be available through December 31, 2016 for
award by the Secretary to grantees that apply for
supplemental funding to increase their hours of program
operations and for training and technical assistance for such
activities: Provided further, That of the amount provided
for making payments under the Head Start Act, $25,000,000
shall be available for allocation by the Secretary to
supplement activities described in paragraphs (7)(B) and (9)
of section 641(c) of such Act under the Designation Renewal
System, established under the authority of sections
641(c)(7), 645A(b)(12) and 645A(d) of such Act: Provided
further, That notwithstanding such section 640, of the amount
provided for making payments under the Head Start Act, and in
addition to funds otherwise available under such section 640
for such purposes, $635,000,000 shall be available through
March 31, 2017 for Early Head Start programs as described in
section 645A of such Act, for conversion of Head Start
services to Early Head Start services as described in section
645(a)(5)(A) of such Act, for discretionary grants for high
quality infant and toddler care through Early Head Start-
Child Care Partnerships, to entities defined as eligible
under section 645A(d) of such Act, for training and technical
assistance for such activities, and for up to $14,000,000 in
Federal costs of administration and evaluation, and,
notwithstanding section 645A(c)(2) of such Act, these funds
are available to serve children under age 4: Provided
further, That funds described in the preceding two provisos
shall not be included in the calculation of ``base grant'' in
subsequent fiscal years, as such term is used in section
640(a)(7)(A) of such Act: Provided further, That
$751,383,000 shall be for making payments under the CSBG Act:
Provided further, That $36,733,000 shall be for sections 680
and 678E(b)(2) of the CSBG Act, of which not less than
$29,883,000 shall be for section 680(a)(2) and not less than
$6,500,000 shall be for section 680(a)(3)(B) of such Act:
Provided further, That to the extent Community Services Block
Grant funds are distributed as grant funds by a State to an
eligible entity as provided under the CSBG Act, and have not
been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes:
Provided further, That the Secretary shall establish
procedures regarding the disposition of intangible assets and
program income that permit such assets acquired with, and
program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of
such grantees after a period of not more than 12 years after
the end of the grant period for any activity consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments
and other debt instruments, and program income may be used by
grantees for any eligible purpose consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available
after November 29, 1999: Provided further, That funds
appropriated for section 680(a)(2) of the CSBG Act shall be
available for financing construction and rehabilitation and
loans or investments in private business enterprises owned by
community development corporations: Provided further, That
the Secretary shall issue performance standards for nonprofit
organizations receiving funds from State and territorial
grantees under the CSBG Act, and such States and territories
shall assure the implementation of such standards prior to
September 30, 2016, and include information on such
implementation in the report required by section 678E(2) of
such Act: Provided further, That, to the extent funds for
the Assets for Independence (AFI) Act provided in this Act
are distributed as grant funds to a qualified entity and have
not been expended by such entity within 3 years after the
date of the award, such funds may be recaptured and, during
the fiscal year of such recapture, reallocated among other
qualified entities, to remain available to such entities for
5 years: Provided further, That $1,864,000 shall be for a
human services case management system for federally declared
disasters, to include a comprehensive national case
management contract and Federal costs of administering the
system: Provided further, That up to $2,000,000 shall be for
improving the Public Assistance Reporting Information System,
including grants to States to support data collection for a
study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying
out, except as otherwise provided, section 437 of such Act,
$59,765,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, $5,298,000,000.
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, for the first quarter of fiscal
year 2017, $2,300,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of
the Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), titles III and XXIX of
the PHS Act, sections 1252 and 1253 of the PHS Act, section
119 of the Medicare Improvements for Patients and Providers
Act of 2008, title XX-B of the Social Security Act, the
Developmental Disabilities Assistance and Bill of Rights Act,
parts 2 and 5 of subtitle D of title II of the Help America
Vote Act of 2002, the Assistive Technology Act of 1998,
titles II and VII (and section 14 with respect to such
titles) of the Rehabilitation Act of 1973 , and for
Department-wide coordination of policy and program activities
that assist individuals with disabilities, $1,912,735,000,
together with $52,115,000 to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to carry out section 4360 of the
Omnibus Budget Reconciliation Act of 1990: Provided, That
amounts appropriated under this heading may be used for
grants to States under section 361 of the OAA only for
disease prevention and health promotion programs and
activities which have been demonstrated through rigorous
evaluation to be evidence-based and effective: Provided
further, That notwithstanding any other provision of this
Act, funds made available under this heading to carry out
section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided
further, That $2,000,000 shall be for competitive grants to
support alternative financing programs that provide for the
purchase of assistive technology devices, such as a low-
interest loan fund; an interest buy-down program; a revolving
loan fund; a loan guarantee; or an insurance program:
Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the
alternative financing program will expand and emphasize
consumer choice and control: Provided further, That State
agencies and community-based disability organizations that
are directed by and operated for individuals with
disabilities shall be eligible to compete: Provided further,
[[Page H9541]]
That in addition, the unobligated balance of amounts
previously made available for the Health Resources and
Services Administration to carry out functions under sections
1252 and 1253 of the PHS Act shall be transferred to this
account, except for such sums as may be necessary to provide
for an orderly transition of such functions to the
Administration for Community Living: Provided further, That
none of the funds made available under this heading may be
used by an eligible system (as defined in section 102 of the
Protection and Advocacy for Individuals with Mental Illness
Act (42 U.S.C. 10802)) to continue to pursue any legal action
in a Federal or State court on behalf of an individual or
group of individuals with a developmental disability (as
defined in section 102(8)(A) of the Developmental
Disabilities and Assistance and Bill of Rights Act of 2000
(20 U.S.C. 15002(8)(A)) that is attributable to a mental
impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of
State operated intermediate care facilities for people with
intellectual or developmental disabilities, unless reasonable
public notice of the action has been provided to such
individuals (or, in the case of mental incapacitation, the
legal guardians who have been specifically awarded authority
by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action,
within 90 days of instituting such legal action, which
informs such individuals (or such legal guardians) of their
legal rights and how to exercise such rights consistent with
current Federal Rules of Civil Procedure: Provided further,
That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the
proviso apply in the case of individuals who are a ward of
the State or subject to public guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger
motor vehicles, and for carrying out titles III, XVII, XXI,
and section 229 of the PHS Act, the United States-Mexico
Border Health Commission Act, and research studies under
section 1110 of the Social Security Act, $456,009,000,
together with $64,828,000 from the amounts available under
section 241 of the PHS Act to carry out national health or
human services research and evaluation activities: Provided,
That of this amount, $53,900,000 shall be for minority AIDS
prevention and treatment activities: Provided further, That
of the funds made available under this heading, $101,000,000
shall be for making competitive contracts and grants to
public and private entities to fund medically accurate and
age appropriate programs that reduce teen pregnancy and for
the Federal costs associated with administering and
evaluating such contracts and grants, of which not more than
10 percent of the available funds shall be for training and
technical assistance, evaluation, outreach, and additional
program support activities, and of the remaining amount 75
percent shall be for replicating programs that have been
proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy:
Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS
Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds
made available under this heading, $10,000,000 shall be for
making competitive grants which exclusively implement
education in sexual risk avoidance (defined as voluntarily
refraining from non-marital sexual activity): Provided
further, That funding for such competitive grants for sexual
risk avoidance shall use medically accurate information
referenced to peer-reviewed publications by educational,
scientific, governmental, or health organizations; implement
an evidence-based approach integrating research findings with
practical implementation that aligns with the needs and
desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing
for poverty prevention, healthy relationships, goal setting,
and resisting sexual coercion, dating violence, and other
youth risk behaviors such as underage drinking or illicit
drug use without normalizing teen sexual activity: Provided
further, That no more than 10 percent of the funding for such
competitive grants for sexual risk avoidance shall be
available for technical assistance and administrative costs
of such programs: Provided further, That funds provided in
this Act for embryo adoption activities may be used to
provide to individuals adopting embryos, through grants and
other mechanisms, medical and administrative services deemed
necessary for such adoptions: Provided further, That such
services shall be provided consistent with 42 CFR 59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings
and Appeals, $107,381,000, to be transferred in appropriate
part from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health
information technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the
Inspector General Act of 1978, $75,000,000: Provided, That
of such amount, necessary sums shall be available for
providing protective services to the Secretary and
investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection
Plan and Survivor Benefit Plan, and for medical care of
dependents and retired personnel under the Dependents'
Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $950,958,000, of
which $511,700,000 shall remain available through September
30, 2017, for expenses necessary to support advanced research
and development pursuant to section 319L of the PHS Act and
other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds
provided under this heading for the purpose of acquisition of
security countermeasures shall be in addition to any other
funds available for such purpose: Provided further, That
products purchased with funds provided under this heading
may, at the discretion of the Secretary, be deposited in the
Strategic National Stockpile pursuant to section 319F-2 of
the PHS Act: Provided further, That $5,000,000 of the
amounts made available to support emergency operations shall
remain available through September 30, 2018.
For expenses necessary for procuring security
countermeasures (as defined in section 319F-2(c)(1)(B) of the
PHS Act), $510,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $72,000,000; of
which $40,000,000 shall be available until expended, for
activities including the development and purchase of vaccine,
antivirals, necessary medical supplies, diagnostics, and
other surveillance tools: Provided, That notwithstanding
section 496(b) of the PHS Act, funds may be used for the
construction or renovation of privately owned facilities for
the production of pandemic influenza vaccines and other
biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such
vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception
and representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II.
Sec. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except
for funds specifically provided for in this Act, or for other
taps and assessments made by any office located in HHS, prior
to the preparation and submission of a report by the
Secretary to the Committees on Appropriations of the House of
Representatives and the Senate detailing the planned uses of
such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased
by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be
used to create any new program or to fund any project or
activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer.
[[Page H9542]]
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the execution of a
contract awarded in fiscal year 2016 under section 338B of
such Act.
Sec. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce
minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used
to carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide,
pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make
appropriate prospective adjustments to the capitation payment
to such an entity (based on an actuarially sound estimate of
the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section
shall be construed to change the Medicare program's coverage
for such services and a Medicare Advantage organization
described in this section shall be responsible for informing
enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency
for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2016:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this
section is exercised in a manner consistent with section 207
of the Foreign Service Act of 1980 and other applicable
statutes administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the
United States for the use of HHS. The Department of State
shall cooperate fully with the Secretary to ensure that HHS
has secure, safe, functional facilities that comply with
applicable regulation governing location, setback, and other
facilities requirements and serve the purposes established by
this Act. The Secretary is authorized, in consultation with
the Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit private
institutions or agencies in participating foreign countries,
funds to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities, including
activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other
health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under
chapter 9 of title I of the Foreign Service Act of 1980, and
22 U.S.C. 4081 through 4086 and subject to such regulations
prescribed by the Secretary. The Secretary is further
authorized to provide locality-based comparability payments
(stated as a percentage) up to the amount of the locality-
based comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304 of
title 5, United States Code if such personnel's official duty
station were in the District of Columbia. Leaves of absence
for personnel under this subsection shall be on the same
basis as that provided under subchapter I of chapter 63 of
title 5, United States Code, or section 903 of the Foreign
Service Act of 1980, to individuals serving in the Foreign
Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days
in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer
from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds available under section 402(b)(7) or 402(b)(12) of the
PHS Act to enter into transactions (other than contracts,
cooperative agreements, or grants) to carry out research
identified pursuant to such section 402(b)(7) (pertaining to
the Common Fund) or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate
scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and
494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the
Administrator of the Health Resources and Services
Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have
received grants or contracts under sections 736, 739, or 747
of the PHS Act, and 1 percent of the amount made available
for NRSA shall be made available to the Director of the
Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
Sec. 218. In addition to amounts provided herein, payments
made for research organisms or substances, authorized under
section 301(a) of the PHS Act, shall be retained and credited
to the appropriations accounts of the Institutes and Centers
of the NIH making the substance or organism available under
section 301(a). Amounts credited to the account under this
authority shall be available for obligation through September
30, 2017.
Sec. 219. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's
programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States
Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 220. (a) The Secretary shall establish a publicly
accessible Web site to provide information regarding the uses
of funds made available under section 4002 of the Patient
Protection and Affordable Care Act of 2010 (``ACA'').
(b) With respect to funds provided under section 4002 of
the ACA, the Secretary shall include on the Web site
established under subsection (a) at a minimum the following
information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity
receiving funds, the operating division or office that will
administer the funds, and the planned uses of the funds, to
be posted not later than the day after the transfer is made.
(2) Identification (along with a link to the full text) of
each funding opportunity announcement, request for proposals,
or other announcement or solicitation of proposals for
grants, cooperative agreements, or contracts intended to be
awarded using such funds, to be posted not later than the day
after the announcement or solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such
funds, including the purpose of the award and the identity of
the recipient, to be posted not later than 5 days after the
award is made.
[[Page H9543]]
(4) A report detailing the uses of all funds transferred
under section 4002(c) during the fiscal year, to be posted
not later than 90 days after the end of the fiscal year.
(c) With respect to awards made in fiscal years 2013
through 2016, the Secretary shall also include on the Web
site established under subsection (a), semi-annual reports
from each entity awarded a grant, cooperative agreement, or
contract from such funds with a value of $25,000 or more,
summarizing the activities undertaken and identifying any
sub-grants or sub-contracts awarded (including the purpose of
the award and the identity of the recipient), to be posted
not later than 30 days after the end of each 6-month period.
(d) In carrying out this section, the Secretary shall--
(1) present the information required in subsection (b)(1)
on a single webpage or on a single database;
(2) ensure that all information required in this section is
directly accessible from the single webpage or database; and
(3) ensure that all information required in this section is
able to be organized by program or State.
(transfer of funds)
Sec. 221. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section
4002 of the ACA to the accounts specified, in the amounts
specified, and for the activities specified under the heading
``Prevention and Public Health Fund'' in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the
Secretary may not further transfer these amounts.
(c) Funds transferred for activities authorized under
section 2821 of the PHS Act shall be made available without
reference to section 2821(b) of such Act.
Sec. 222. (a) The Secretary shall publish in the fiscal
year 2017 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the ACA, and the amendments made by
that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by
all funds appropriated for purposes of carrying out the ACA
(and the amendments made by that Act), the Secretary shall
include, at a minimum, the following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received
in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 223. The Secretary shall publish, as part of the
fiscal year 2017 budget of the President submitted under
section 1105(a) of title 31, United States Code, information
that details the uses of all funds used by the Centers for
Medicare and Medicaid Services specifically for Health
Insurance Exchanges for each fiscal year since the enactment
of the ACA and the proposed uses for such funds for fiscal
year 2017. Such information shall include, for each such
fiscal year, the amount of funds used for each activity
specified under the heading ``Health Insurance Exchange
Transparency'' in the explanatory statement described in
section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 224. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and
Senate must be notified at least 2 business days in advance
of any public release of enrollment information or the award
of such grants.
Sec. 225. None of the funds made available by this Act
from the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred
from other accounts funded by this Act to the ``Centers for
Medicare and Medicaid Services--Program Management'' account,
may be used for payments under section 1342(b)(1) of Public
Law 111-148 (relating to risk corridors).
Sec. 226. In addition to the amounts otherwise available
for ``Centers for Medicare and Medicaid Services, Program
Management'', the Secretary of Health and Human Services may
transfer up to $305,000,000 to such account from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to support program management
activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used
to support any provision of Public Law 111-148 or Public Law
111-152 (or any amendment made by either such Public Law) or
to supplant any other amounts within such account.
(rescission)
Sec. 227. The following unobligated balances of amounts
appropriated prior to fiscal year 2007 for ``Department of
Health and Human Services, Health Resources and Services
Administration'' are hereby permanently rescinded:
(1) $281,003 appropriated to carry out section 1610(b) of
the PHS Act;
(2) $3,611 appropriated to carry out section 1602(c) of the
PHS Act;
(3) $105,576 appropriated in section 167 of division H of
Public Law 108-199; and
(4) $55,793 appropriated to carry out the National Cord
Blood Stem Cell Bank Program.
Sec. 228. The Secretary shall include in the fiscal year
2017 budget justification an analysis of how section 2713 of
the PHS Act will impact eligibility for discretionary HHS
programs.
Sec. 229. Effective during the period beginning on
November 1, 2015 and ending January 1, 2018, any provision of
law that refers (including through cross-reference to another
provision of law) to the current recommendations of the
United States Preventive Services Task Force with respect to
breast cancer screening, mammography, and prevention shall be
administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and
prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
(transfer of funds)
Sec. 230. (a) In General.--Subject to the succeeding
provisions of this section, activities authorized under part
A of title IV and section 1108(b) of the Social Security Act
shall continue through September 30, 2016, in the manner
authorized for fiscal year 2015, and out of any money in the
Treasury of the United States not otherwise appropriated,
there are hereby appropriated such sums as may be necessary
for such purpose. Grants and payments may be made pursuant to
this authority through September 30, 2016 at the level
provided for such activities for fiscal year 2015, except as
provided in subsection (b).
(b) Contingency Fund.--In the case of the Contingency Fund
for State Welfare Programs established under section 403(b)
of the Social Security Act--
(1) the amount appropriated for such section 403(b) shall
be $608,000,000 for each of fiscal years 2016 and 2017,
notwithstanding section 228(b)(1) of the Department of Health
and Human Services Appropriations Act, 2015;
(2) the requirement to reserve funds provided for in
section 403(b)(2) of the Social Security Act shall not apply
during fiscal years 2016 and 2017; and
(3) grants and payments may only be made from such Fund for
fiscal year 2016 after the application of subsection (c).
(c) Census Research and Welfare Research.--Of the amount
made available under subsection (b)(1) for section 403(b) of
the Social Security Act for fiscal year 2016--
(1) $15,000,000 is hereby transferred to the Children's
Research and Technical Assistance account in the
Administration for Children and Families at the Department of
Health and Human Services and made available to carry out
section 413(h) of the Social Security Act; and
(2) $10,000,000 is hereby transferred and made available to
the Bureau of the Census to conduct activities using the
Survey of Income and Program Participation to obtain
information to enable interested parties to evaluate the
impact of the amendments made by title I of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996.
Sec. 231. Section 1886(m)(6) of the Social Security Act
(42 U.S.C. 1395ww(m)(6)) is amended--
(1) in subparagraph (A)(i) by striking ``subparagraph (C)''
and inserting ``subparagraphs (C) and (E)''; and
(2) by adding at the end the following new subparagraph:
``(E) Temporary exception for certain severe wound
discharges from certain long-term care hospitals.--
``(i) In general.--In the case of a discharge occurring
prior to January 1, 2017, subparagraph (A)(i) shall not apply
(and payment shall be made to a long-term care hospital
without regard to this paragraph) if such discharge--
``(I) is from a long-term care hospital that is--
``(aa) identified by the amendment made by section 4417(a)
of the Balanced Budget Act
[[Page H9544]]
of 1997 (42 U.S.C. 1395ww note, Public Law 105-33); and
``(bb) located in a rural area (as defined in subsection
(d)(2)(D)) or treated as being so located pursuant to
subsection (d)(8)(E); and
``(II) the individual discharged has a severe wound.
``(ii) Severe wound defined.--In this subparagraph, the
term `severe wound' means a stage 3 wound, stage 4 wound,
unstageable wound, non-healing surgical wound, infected
wound, fistula, osteomyelitis, or wound with morbid obesity,
as identified in the claim from the long-term care
hospital.''.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2016''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965 (referred to in this Act as ``ESEA'')
and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $16,016,790,000, of
which $5,127,006,000 shall become available on July 1, 2016,
and shall remain available through September 30, 2017, and of
which $10,841,177,000 shall become available on October 1,
2016, and shall remain available through September 30, 2017,
for academic year 2016-2017: Provided, That $6,459,401,000
shall be for basic grants under section 1124 of the ESEA:
Provided further, That up to $3,984,000 of these funds shall
be available to the Secretary of Education (referred to in
this title as ``Secretary'') on October 1, 2015, to obtain
annually updated local educational agency-level census
poverty data from the Bureau of the Census: Provided
further, That $1,362,301,000 shall be for concentration
grants under section 1124A of the ESEA: Provided further,
That $3,544,050,000 shall be for targeted grants under
section 1125 of the ESEA: Provided further, That
$3,544,050,000 shall be for education finance incentive
grants under section 1125A of the ESEA: Provided further,
That funds available under sections 1124, 1124A, 1125 and
1125A of the ESEA may be used to provide homeless children
and youths with services not ordinarily provided to other
students under those sections, including supporting the
liaison designated pursuant to section 722(g)(1)(J)(ii) of
the McKinney-Vento Homeless Assistance Act, and providing
transportation pursuant to section 722(g)(1)(J)(iii) of such
Act: Provided further, That $450,000,000 shall be available
for school improvement grants under section 1003(g) of the
ESEA, which shall be allocated by the Secretary through the
formula described in section 1003(g)(2) and shall be used
consistent with the requirements of section 1003(g), except
that State and local educational agencies may use such funds
to serve any school eligible to receive assistance under part
A of title I that has not made adequate yearly progress for
at least 2 years or is in the State's lowest quintile of
performance based on proficiency rates and, in the case of
secondary schools, priority shall be given to those schools
with graduation rates below 60 percent: Provided further,
That notwithstanding section 1003(g)(5)(C) of the ESEA, the
Secretary may permit a State educational agency to establish
an award period of up to 5 years for each participating local
educational agency: Provided further, That funds available
for school improvement grants for fiscal year 2014 and
thereafter may be used by a local educational agency to
implement a whole-school reform strategy for a school using
an evidence-based strategy that ensures whole-school reform
is undertaken in partnership with a strategy developer
offering a whole-school reform program that is based on at
least a moderate level of evidence that the program will have
a statistically significant effect on student outcomes,
including at least one well-designed and well-implemented
experimental or quasi-experimental study: Provided further,
That funds available for school improvement grants may be
used by a local educational agency to implement an
alternative State-determined school improvement strategy that
has been established by a State educational agency with the
approval of the Secretary: Provided further, That a local
educational agency that is determined to be eligible for
services under subpart 1 or 2 of part B of title VI of the
ESEA may modify not more than one element of a school
improvement grant model: Provided further, That
notwithstanding section 1003(g)(5)(A), each State educational
agency may establish a maximum subgrant size of not more than
$2,000,000 for each participating school applicable to such
funds: Provided further, That the Secretary may reserve up
to 5 percent of the funds available for section 1003(g) of
the ESEA to carry out activities to build State and local
educational agency capacity to implement effectively the
school improvement grants program: Provided further, That
$190,000,000 shall be available under section 1502 of the
ESEA for a comprehensive literacy development and education
program to advance literacy skills, including pre-literacy
skills, reading, and writing, for students from birth through
grade 12, including limited-English-proficient students and
students with disabilities, of which one-half of 1 percent
shall be reserved for the Secretary of the Interior for such
a program at schools funded by the Bureau of Indian
Education, one-half of 1 percent shall be reserved for grants
to the outlying areas for such a program, up to 5 percent may
be reserved for national activities, and the remainder shall
be used to award competitive grants to State educational
agencies for such a program, of which a State educational
agency may reserve up to 5 percent for State leadership
activities, including technical assistance and training, data
collection, reporting, and administration, and shall subgrant
not less than 95 percent to local educational agencies or, in
the case of early literacy, to local educational agencies or
other nonprofit providers of early childhood education that
partner with a public or private nonprofit organization or
agency with a demonstrated record of effectiveness in
improving the early literacy development of children from
birth through kindergarten entry and in providing
professional development in early literacy, giving priority
to such agencies or other entities serving greater numbers or
percentages of disadvantaged children: Provided further,
That the State educational agency shall ensure that at least
15 percent of the subgranted funds are used to serve children
from birth through age 5, 40 percent are used to serve
students in kindergarten through grade 5, and 40 percent are
used to serve students in middle and high school including an
equitable distribution of funds between middle and high
schools: Provided further, That eligible entities receiving
subgrants from State educational agencies shall use such
funds for services and activities that have the
characteristics of effective literacy instruction through
professional development, screening and assessment, targeted
interventions for students reading below grade level and
other research-based methods of improving classroom
instruction and practice: Provided further, That $44,623,000
shall be for carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
ESEA, $1,305,603,000, of which $1,168,233,000 shall be for
basic support payments under section 8003(b), $48,316,000
shall be for payments for children with disabilities under
section 8003(d), $17,406,000 shall be for construction under
section 8007(a), $66,813,000 shall be for Federal property
payments under section 8002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance
under section 8008: Provided, That for purposes of computing
the amount of a payment for an eligible local educational
agency under section 8003(a) for school year 2015-2016,
children enrolled in a school of such agency that would
otherwise be eligible for payment under section 8003(a)(1)(B)
of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole
custody of such children, or due to the death of a military
parent or legal guardian while on active duty (so long as
such children reside on Federal property as described in
section 8003(a)(1)(B)), are no longer eligible under such
section, shall be considered as eligible students under such
section, provided such students remain in average daily
attendance at a school in the same local educational agency
they attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by parts A and B of title II, part B of title IV, parts A and
B of title VI, and parts B and C of title VII of the ESEA;
the McKinney-Vento Homeless Assistance Act; section 203 of
the Educational Technical Assistance Act of 2002; the Compact
of Free Association Amendments Act of 2003; and the Civil
Rights Act of 1964, $4,433,629,000, of which $2,611,619,000
shall become available on July 1, 2016, and remain available
through September 30, 2017, and of which $1,681,441,000 shall
become available on October 1, 2016, and shall remain
available through September 30, 2017, for academic year 2016-
2017: Provided, That funds made available to carry out part
B of title VII of the ESEA may be used for construction,
renovation, and modernization of any elementary school,
secondary school, or structure related to an elementary
school or secondary school, run by the Department of
Education of the State of Hawaii, that serves a predominantly
Native Hawaiian student body: Provided further, That funds
made available to carry out part C of title VII of the ESEA
shall be awarded on a competitive basis, and also may be used
for construction: Provided further, That $51,445,000 shall
be available to carry out section 203 of the Educational
Technical Assistance Act of 2002 and the Secretary shall make
such arrangements as determined to be necessary to ensure
that the Bureau of Indian Education has access to services
provided under this section: Provided further, That
$16,699,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands:
Provided further, That the Secretary may reserve up to 5
percent of the amount referred to in the previous proviso to
provide technical assistance in the implementation of these
grants: Provided further, That up to 4.0 percent of the
funds for subpart 1 of part A of title II of the ESEA shall
be reserved by the Secretary for competitive awards for
teacher or principal recruitment and training or professional
enhancement activities, including for civic education
instruction, to national not-for-profit organizations, of
which up to 8 percent may only be used for research,
dissemination, evaluation, and technical assistance for
competitive awards carried out under this proviso: Provided
further, That $152,717,000 shall be to carry out
[[Page H9545]]
part B of title II of the ESEA: Provided further, That none
of the funds made available by this Act shall be used to
allow 21st Century Community Learning Centers initiative
funding for expanded learning time unless these activities
provide enrichment and engaging academic activities for
students at least 300 additional program hours before,
during, or after the traditional school day and supplements
but does not supplant school day requirements.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the ESEA,
$143,939,000.
Innovation and Improvement
For carrying out activities authorized by part G of title
I, subpart 5 of part A and parts C and D of title II, parts
B, C, and D of title V of the ESEA, and section 14007 of
division A of the American Recovery and Reinvestment Act of
2009, as amended, $1,181,226,000: Provided, That up to
$120,000,000 shall be available through December 31, 2016 for
section 14007 of division A of Public Law 111-5, and up to 5
percent of such funds may be used for technical assistance
and the evaluation of activities carried out under such
section: Provided further, That the education facilities
clearinghouse established through a competitive process in
fiscal year 2013 may collect and disseminate information on
effective educational practices and the latest research on
the planning, design, financing, construction, improvement,
operation, and maintenance of safe, healthy, high-performance
public facilities for early learning programs, kindergarten
through grade 12, and higher education: Provided further,
That $230,000,000 of the funds for subpart 1 of part D of
title V of the ESEA shall be for competitive grants to local
educational agencies, including charter schools that are
local educational agencies, or States, or partnerships of:
(1) a local educational agency, a State, or both; and (2) at
least one nonprofit organization to develop and implement
performance-based compensation systems for teachers,
principals, and other personnel in high-need schools:
Provided further, That such performance-based compensation
systems must consider gains in student academic achievement
as well as classroom evaluations conducted multiple times
during each school year among other factors and provide
educators with incentives to take on additional
responsibilities and leadership roles: Provided further,
That recipients of such grants shall demonstrate that such
performance-based compensation systems are developed with the
input of teachers and school leaders in the schools and local
educational agencies to be served by the grant: Provided
further, That recipients of such grants may use such funds to
develop or improve systems and tools (which may be developed
and used for the entire local educational agency or only for
schools served under the grant) that would enhance the
quality and success of the compensation system, such as high-
quality teacher evaluations and tools to measure growth in
student achievement: Provided further, That applications for
such grants shall include a plan to sustain financially the
activities conducted and systems developed under the grant
once the grant period has expired: Provided further, That up
to 5 percent of such funds for competitive grants shall be
available for technical assistance, training, peer review of
applications, program outreach, and evaluation activities:
Provided further, That $250,000,000 of the funds for part D
of title V of the ESEA shall be available through December
31, 2016 for carrying out, in accordance with the applicable
requirements of part D of title V of the ESEA, a preschool
development grants program: Provided further, That the
Secretary, jointly with the Secretary of HHS, shall make
competitive awards to States for activities that build the
capacity within the State to develop, enhance, or expand
high-quality preschool programs, including comprehensive
services and family engagement, for preschool-aged children
from families at or below 200 percent of the Federal poverty
line: Provided further, That each State may subgrant a
portion of such grant funds to local educational agencies and
other early learning providers (including, but not limited
to, Head Start programs and licensed child care providers),
or consortia thereof, for the implementation of high-quality
preschool programs for children from families at or below 200
percent of the Federal poverty line: Provided further, That
subgrantees that are local educational agencies shall form
strong partnerships with early learning providers and that
subgrantees that are early learning providers shall form
strong partnerships with local educational agencies, in order
to carry out the requirements of the subgrant: Provided
further, That up to 3 percent of such funds for preschool
development grants shall be available for technical
assistance, evaluation, and other national activities related
to such grants: Provided further, That $10,000,000 of funds
available under part D of title V of the ESEA shall be for
the Full-Service Community Schools program: Provided
further, That of the funds available for part B of title V of
the ESEA, the Secretary shall use up to $10,000,000 to carry
out activities under section 5205(b) and shall use not less
than $16,000,000 for subpart 2: Provided further, That of
the funds available for subpart 1 of part B of title V of the
ESEA, and notwithstanding section 5205(a), the Secretary
shall reserve up to $100,000,000 to make multiple awards to
non-profit charter management organizations and other
entities that are not for-profit entities for the replication
and expansion of successful charter school models and shall
reserve not less than $11,000,000 to carry out the activities
described in section 5205(a), including improving quality and
oversight of charter schools and providing technical
assistance and grants to authorized public chartering
agencies in order to increase the number of high-performing
charter schools: Provided further, That funds available for
part B of title V of the ESEA may be used for grants that
support preschool education in charter schools: Provided
further, That each application submitted pursuant to section
5203(a) shall describe a plan to monitor and hold accountable
authorized public chartering agencies through such activities
as providing technical assistance or establishing a
professional development program, which may include
evaluation, planning, training, and systems development for
staff of authorized public chartering agencies to improve the
capacity of such agencies in the State to authorize, monitor,
and hold accountable charter schools: Provided further, That
each application submitted pursuant to section 5203(a) shall
contain assurances that State law, regulations, or other
policies require that: (1) each authorized charter school in
the State operate under a legally binding charter or
performance contract between itself and the school's
authorized public chartering agency that describes the rights
and responsibilities of the school and the public chartering
agency; conduct annual, timely, and independent audits of the
school's financial statements that are filed with the
school's authorized public chartering agency; and demonstrate
improved student academic achievement; and (2) authorized
public chartering agencies use increases in student academic
achievement for all groups of students described in section
1111(b)(2)(C)(v) of the ESEA as one of the most important
factors when determining to renew or revoke a school's
charter.
Safe Schools and Citizenship Education
For carrying out activities authorized by part A of title
IV and subparts 1, 2, and 10 of part D of title V of the
ESEA, $244,815,000: Provided, That $75,000,000 shall be
available for subpart 2 of part A of title IV, of which up to
$5,000,000, to remain available until expended, shall be for
the Project School Emergency Response to Violence (``Project
SERV'') program to provide education-related services to
local educational agencies and institutions of higher
education in which the learning environment has been
disrupted due to a violent or traumatic crisis: Provided
further, That $73,254,000 shall be available through December
31, 2016 for Promise Neighborhoods.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$737,400,000, which shall become available on July 1, 2016,
and shall remain available through September 30, 2017, except
that 6.5 percent of such amount shall be available on October
1, 2015, and shall remain available through September 30,
2017, to carry out activities under section 3111(c)(1)(C):
Provided, That the Secretary shall use estimates of the
American Community Survey child counts for the most recent 3-
year period available to calculate allocations under such
part.
Special Education
For carrying out the Individuals with Disabilities
Education Act (IDEA) and the Special Olympics Sport and
Empowerment Act of 2004, $12,976,858,000, of which
$3,456,259,000 shall become available on July 1, 2016, and
shall remain available through September 30, 2017, and of
which $9,283,383,000 shall become available on October 1,
2016, and shall remain available through September 30, 2017,
for academic year 2016-2017: Provided, That the amount for
section 611(b)(2) of the IDEA shall be equal to the lesser of
the amount available for that activity during fiscal year
2015, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but
not less than the amount for that activity during fiscal year
2015: Provided further, That the Secretary shall, without
regard to section 611(d) of the IDEA, distribute to all other
States (as that term is defined in section 611(g)(2)),
subject to the third proviso, any amount by which a State's
allocation under section 611(d), from funds appropriated
under this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the
States' relative populations of children aged 3 through 21
who are of the same age as children with disabilities for
whom the State ensures the availability of a free appropriate
public education under this part, and 15 percent to States on
the basis of the States' relative populations of those
children who are living in poverty: Provided further, That
the Secretary may not distribute any funds under the previous
proviso to any State whose reduction in allocation from funds
appropriated under this heading made funds available for such
a distribution: Provided further, That the States shall
allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under
section 612(a)(18)(B) and the amounts distributed to States
under the previous provisos in fiscal year 2012 or any
subsequent year shall not be considered in calculating the
awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further,
[[Page H9546]]
That, notwithstanding the provision in section 612(a)(18)(B)
regarding the fiscal year in which a State's allocation under
section 611(d) is reduced for failure to comply with the
requirement of section 612(a)(18)(A), the Secretary may apply
the reduction specified in section 612(a)(18)(B) over a
period of consecutive fiscal years, not to exceed five, until
the entire reduction is applied: Provided further, That the
Secretary may, in any fiscal year in which a State's
allocation under section 611 is reduced in accordance with
section 612(a)(18)(B), reduce the amount a State may reserve
under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as
the reduction under section 612(a)(18)(B) bears to the total
allocation the State would have received in that fiscal year
under section 611(d) in the absence of the reduction:
Provided further, That the Secretary shall either reduce the
allocation of funds under section 611 for any fiscal year
following the fiscal year for which the State fails to comply
with the requirement of section 612(a)(18)(A) as authorized
by section 612(a)(18)(B), or seek to recover funds under
section 452 of the General Education Provisions Act (20
U.S.C. 1234a): Provided further, That the funds reserved
under 611(c) of the IDEA may be used to provide technical
assistance to States to improve the capacity of the States to
meet the data collection requirements of sections 616 and 618
and to administer and carry out other services and activities
to improve data collection, coordination, quality, and use
under parts B and C of the IDEA: Provided further, That the
level of effort a local educational agency must meet under
section 613(a)(2)(A)(iii) of the IDEA, in the year after it
fails to maintain effort is the level of effort that would
have been required in the absence of that failure and not the
LEA's reduced level of expenditures: Provided further, That
the Secretary may use funds made available for the State
Personnel Development Grants program under part D, subpart 1
of IDEA to evaluate program performance under such subpart.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National
Center Act, $3,529,605,000, of which $3,391,770,000 shall be
for grants for vocational rehabilitation services under title
I of the Rehabilitation Act: Provided, That the Secretary
may use amounts provided in this Act that remain available
subsequent to the reallotment of funds to States pursuant to
section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals
with disabilities as defined in section 7(20)(B) of the
Rehabilitation Act, including activities aimed at improving
the education and post-school outcomes of children receiving
Supplemental Security Income (``SSI'') and their families
that may result in long-term improvement in the SSI child
recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the
funds to other public and private, nonprofit entities:
Provided further, That any funds made available subsequent to
reallotment for innovative activities aimed at improving the
outcomes of individuals with disabilities shall remain
available until September 30, 2017.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $25,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$70,016,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the
endowment program as authorized under section 207 of such
Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education
of the Deaf Act of 1986, $121,275,000: Provided, That from
the total amount available, the University may at its
discretion use funds for the endowment program as authorized
under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006
and the Adult Education and Family Literacy Act (``AEFLA''),
$1,720,686,000, of which $929,686,000 shall become available
on July 1, 2016, and shall remain available through September
30, 2017, and of which $791,000,000 shall become available on
October 1, 2016, and shall remain available through September
30, 2017: Provided, That of the amounts made available for
AEFLA, $13,712,000 shall be for national leadership
activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,198,210,000, which shall remain
available through September 30, 2017.
The maximum Pell Grant for which a student shall be
eligible during award year 2016-2017 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act,
$1,551,854,000, to remain available through September 30,
2017: Provided, That the Secretary shall, no later than
March 1, 2016, allocate new student loan borrower accounts to
eligible student loan servicers on the basis of their
performance compared to all loan servicers utilizing
established common metrics, and on the basis of the capacity
of each servicer to process new and existing accounts.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, and VII of the HEA, the Mutual
Educational and Cultural Exchange Act of 1961, and section
117 of the Carl D. Perkins Career and Technical Education Act
of 2006, $1,982,185,000: Provided, That notwithstanding any
other provision of law, funds made available in this Act to
carry out title VI of the HEA and section 102(b)(6) of the
Mutual Educational and Cultural Exchange Act of 1961 may be
used to support visits and study in foreign countries by
individuals who are participating in advanced foreign
language training and international studies in areas that are
vital to United States national security and who plan to
apply their language skills and knowledge of these countries
in the fields of government, the professions, or
international development: Provided further, That of the
funds referred to in the preceding proviso up to 1 percent
may be used for program evaluation, national outreach, and
information dissemination activities: Provided further, That
up to 1.5 percent of the funds made available under chapter 2
of subpart 2 of part A of title IV of the HEA may be used for
evaluation.
Howard University
For partial support of Howard University, $221,821,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment
Act and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as
authorized pursuant to part D of title III of the HEA, which
shall remain available through September 30, 2017: 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, not to exceed $302,099,000:
Provided further, That these funds may be used to support
loans to public and private Historically Black Colleges and
Universities without regard to the limitations within section
344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$618,015,000, which shall remain available through September
30, 2017: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may
be used to link Statewide elementary and secondary data
systems with early childhood, postsecondary, and workforce
data systems, or to further develop such systems: Provided
further, That up to $6,000,000 of the funds available to
carry out section 208 of the Educational Technical Assistance
Act may be used for awards to public or private organizations
or agencies to support activities to improve data
coordination, quality, and use at the local, State, and
national levels: Provided further, That $157,235,000 shall
be for carrying out activities authorized by the National
Assessment of Educational Progress Authorization Act.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of
three passenger motor vehicles, $432,000,000, of which up to
$1,000,000, to remain available until expended, may be for
relocation of, and renovation of buildings occupied by,
Department staff.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $107,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $59,256,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the
purchase of
[[Page H9547]]
equipment for such transportation) in order to overcome
racial imbalance in any school or school system, or for the
transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to carry out a
plan of racial desegregation of any school or school system.
Sec. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation
of any student to a school other than the school which is
nearest the student's home, except for a student requiring
special education, to the school offering such special
education, in order to comply with title VI of the Civil
Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes
the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the
pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing, or clustering.
The prohibition described in this section does not include
the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the
Department of Education in this Act may be transferred
between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section
shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
Sec. 305. The Outlying Areas may consolidate funds
received under this Act, pursuant to 48 U.S.C. 1469a, under
part A of title V of the ESEA.
Sec. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2016''
for ``2009''.
Sec. 307. The Secretary, in consultation with the Director
of the Institute of Education Sciences, may reserve funds
under section 9601 of the ESEA (subject to the limitations in
subsections (b) and (c) of that section) in order to carry
out activities authorized under paragraphs (1) and (2) of
subsection (a) of that section with respect to any ESEA
program funded in this Act and without respect to the source
of funds for those activities: Provided, That high-quality
evaluations of ESEA programs shall be prioritized, before
using funds for any other evaluation activities: Provided
further, That any funds reserved under this section shall be
available from July 1, 2016 through September 30, 2017:
Provided further, That not later than 10 days prior to the
initial obligation of funds reserved under this section, the
Secretary, in consultation with the Director, shall submit an
evaluation plan to the Senate Committees on Appropriations
and Health, Education, Labor, and Pensions and the House
Committees on Appropriations and Education and the Workforce
which identifies the source and amount of funds reserved
under this section, the impact on program grantees if funds
are withheld, the programs to be evaluated with such funds,
how ESEA programs will be regularly evaluated, and how
findings from evaluations completed under this section will
be widely disseminated.
Sec. 308. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2016 may use
the income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and
V of the HEA are reauthorized.
Sec. 309. Section 114(f) of the HEA (20 U.S.C. 1011c(f))
is amended by striking ``2015'' and inserting ``2016''.
Sec. 310. Section 458(a) of the HEA (20 U.S.C. 1087h(a))
is amended in paragraph (4) by striking ``2014'' and
inserting ``2016''.
Sec. 311. Section 428(c)(1) of the HEA (20 U.S.C.
1078(c)(1)) is amended by striking ``95 percent'' and
inserting ``100 percent''.
Sec. 312. Notwithstanding section 5(b) of the Every
Student Succeeds Act, funds provided in this Act for non-
competitive formula grant programs authorized by the ESEA for
use during academic year 2016-2017 shall be administered in
accordance with the ESEA as in effect on the day before the
date of enactment of the Every Student Succeeds Act.
Sec. 313. Career Pathways Programs.--
(1) Subsection (d) of section 484 of the HEA is amended by
replacing (d)(2) with the following:
``(2) Eligible career pathway program.--In this subsection,
the term `eligible career pathway program' means a program
that combines rigorous and high-quality education, training,
and other services that--
``(A) aligns with the skill needs of industries in the
economy of the State or regional economy involved;
``(B) prepares an individual to be successful in any of a
full range of secondary or postsecondary education options,
including apprenticeships registered under the Act of August
16, 1937 (commonly known as the `National Apprenticeship
Act'; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.)
(referred to individually in this Act as an `apprenticeship',
except in section 171);
``(C) includes counseling to support an individual in
achieving the individual's education and career goals;
``(D) includes, as appropriate, education offered
concurrently with and in the same context as workforce
preparation activities and training for a specific occupation
or occupational cluster;
``(E) organizes education, training, and other services to
meet the particular needs of an individual in a manner that
accelerates the educational and career advancement of the
individual to the extent practicable;
``(F) enables an individual to attain a secondary school
diploma or its recognized equivalent, and at least 1
recognized postsecondary credential; and
``(G) helps an individual enter or advance within a
specific occupation or occupational cluster.''.
(2) Subsection (b) of section 401 of the HEA is amended by
striking the addition to (b)(2)(A)(ii) made by subsection
309(b) of division G of Public Law 113-235.
This title may be cited as the ``Department of Education
Appropriations Act, 2016''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established under
section 8502 of title 41, United States Code, $6,191,000:
Provided, That in order to authorize any central nonprofit
agency designated pursuant to section 8503(c) of title 41,
United States Code, to perform contract requirements of the
Committee as prescribed under section 51-3.2 of title 41,
Code of Federal Regulations, the Committee shall within 180
days after the date of enactment of this Act enter into a
written agreement with any such central nonprofit agency:
Provided further, That such agreement entered into under the
preceding proviso shall contain such auditing, oversight, and
reporting provisions as necessary to implement chapter 85 of
title 41, United States Code: Provided further, That such
agreement shall include the elements listed under the heading
``Committee For Purchase From People Who Are Blind or
Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided
further, That after 180 days from the date of enactment of
this Act a fee may not be charged under section 51-3.5 of
title 41, Code of Federal Regulations, unless such fee is
under the terms of the written agreement between the
Committee and any such central nonprofit agency: Provided
further, That no less than $750,000 shall be available for
the Office of Inspector General.
administrative provisions
Sec. 401. (a) Section 8G of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``the Committee for
Purchase From People Who Are Blind or Severely Disabled,''
after ``the Board for International Broadcasting,''; and
(B) in paragraph (4)--
(i) by redesignating subparagraphs (D) through (H) as
subparagraphs (E) through (I), respectively; and
(ii) by inserting after subparagraph (C) the following new
subparagraph:
``(D) with respect to the Committee for Purchase From
People Who Are Blind or Severely Disabled, such term means
the Chairman of the Committee for Purchase From People Who
Are Blind or Severely Disabled;''; and
(2) in subsection (e)(1)--
(A) by striking ``board or commission'', the first place it
appears, and inserting ``board, chairman of a committee, or
commission''; and
(B) by striking ``board or commission'', the second place
it appears, and inserting ``board, committee, or
commission''.
(b) Not later than 180 days after the date of the enactment
of this Act, the Chairman of the Committee for Purchase From
People Who Are Blind or Severely Disabled shall appoint an
Inspector General for the Committee.
(c) This section, and the amendments made by this section,
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
Sec. 402. Not later than 30 days after the end of each
fiscal year quarter, beginning with the first quarter of
fiscal year 2016, the Committee For Purchase From People Who
Are Blind or Severely Disabled shall submit to the Committees
on Oversight and Government Reform and Education and the
Workforce of the House of Representatives, the Committees on
Homeland Security and Governmental Affairs and Health,
Education, Labor, and Pensions of the Senate, and the
Committees on Appropriations of the House of Representatives
and the Senate, the reports described under the heading
``Committee For Purchase From People Who Are
[[Page H9548]]
Blind or Severely Disabled--Requested Reports'' in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973
(referred to in this title as ``1973 Act'') and the National
and Community Service Act of 1990 (referred to in this title
as ``1990 Act''), $787,929,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the
1990 Act: Provided, That of the amounts provided under this
heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and
electronic management of the grants cycle; (2) $50,000,000
shall be available for expenses to carry out section 198K of
the 1990 Act; (3) $16,038,000 shall be available to provide
assistance to State commissions on national and community
service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(5)(B) of the 1990 Act; (4)
$30,000,000 shall be available to carry out subtitle E of the
1990 Act; and (5) $3,800,000 shall be available for expenses
authorized under section 501(a)(4)(F) of the 1990 Act, which,
notwithstanding the provisions of section 198P shall be
awarded by CNCS on a competitive basis: Provided further,
That for the purposes of carrying out the 1990 Act,
satisfying the requirements in section 122(c)(1)(D) may
include a determination of need by the local community:
Provided further, That not to exceed 20 percent of funds made
available under section 198K of the 1990 Act may be used for
Social Innovation Fund Pilot Program-related performance-
based awards for Pay for Success projects and shall remain
available through September 30, 2017: Provided further,
That, with respect to the previous proviso, any funds
obligated for such projects shall remain available for
disbursement until expended, notwithstanding 31 U.S.C.
1552(a): Provided further, That any funds deobligated from
projects under section 198K of the 1990 Act shall immediately
be available for activities authorized under section 198K of
such Act.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $220,000,000, to
remain available until expended: Provided, That CNCS may
transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C
of title I of the 1990 Act to the National Service Trust upon
determination that such transfer is necessary to support the
activities of national service participants and after notice
is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the
1990 Act without regard to the requirement to apportion funds
under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of
conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109,
and not to exceed $2,500 for official reception and
representation expenses, $81,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$5,250,000.
administrative provisions
Sec. 403. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2016,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that
is authorized by CNCS to receive such information.
Sec. 404. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that
they receive AmeriCorps funding, and thereafter shall meet
the overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 405. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and
operations under titles I and II of the 1973 Act or subtitle
B, C, D, or E of title I of the 1990 Act shall be used to
supplement and not supplant current programs and operations.
Sec. 406. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Sec. 407. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA''); and
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934,
an amount which shall be available within limitations
specified by that Act, for the fiscal year 2018,
$445,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for
Government officials or employees: Provided further, That
none of the funds made available to CPB by this Act shall be
available or used to aid or support any program or activity
from which any person is excluded, or is denied benefits, or
is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That
none of the funds made available to CPB by this Act shall be
used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other
personnel action with respect to officers, agents, and
employees of CPB: Provided further, That none of the funds
made available to CPB by this Act shall be used to support
the Television Future Fund or any similar purpose.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system,
$40,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978;
and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$48,748,000, including up to $400,000 to remain available
through September 30, 2017, for activities authorized by the
Labor-Management Cooperation Act of 1978: Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
recovery, for special training activities and other conflict
resolution services and technical assistance, including those
provided to foreign governments and international
organizations, and for arbitration services shall be credited
to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration
services shall be available only for education, training, and
professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of
any projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $17,085,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $230,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $7,765,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $11,925,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation
Act of 1973, $3,250,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $274,224,000:
Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural
laborers or used in connection with investigations, hearings,
directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the
Act
[[Page H9549]]
of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the
Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or
operated on a mutual, nonprofit basis and at least 95 percent
of the water stored or supplied thereby is used for farming
purposes.
administrative provisions
Sec. 408. None of the funds provided by this Act or
previous Acts making appropriations for the National Labor
Relations Board may be used to issue any new administrative
directive or regulation that would provide employees any
means of voting through any electronic means in an election
to determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by
the President, $13,230,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $12,639,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $29,000,000, which shall include amounts becoming
available in fiscal year 2016 pursuant to section
224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product
of recipients and the average benefit received exceeds the
amount available for payment of vested dual benefits:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2017, which shall be the
maximum amount available for payment pursuant to section 417
of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $111,225,000, to
be derived in such amounts as determined by the Board from
the railroad retirement accounts and from moneys credited to
the railroad unemployment insurance administration fund:
Provided, That notwithstanding section 7(b)(9) of the
Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided
further, That the previous proviso shall not change the
status under Federal employment laws of any attorney hired by
the Railroad Retirement Board prior to January 1, 2013.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$8,437,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund,
as provided under sections 201(m), 228(g), and 1131(b)(2) of
the Social Security Act, $11,400,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section
201(g)(1) of the Social Security Act, $46,305,733,000, to
remain available until expended: Provided, That any portion
of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be
returned to the Treasury: Provided further, That not more
than $101,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the
Social Security Act, and remain available through September
30, 2018.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2017,
$14,500,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$10,598,945,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
not less than $2,300,000 shall be for the Social Security
Advisory Board: Provided further, That, $116,000,000 may be
used for the costs associated with conducting continuing
disability reviews under titles II and XVI of the Social
Security Act and conducting redeterminations of eligibility
under title XVI of the Social Security Act: Provided
further, That the Commissioner may allocate additional funds
under this paragraph above the level specified in the
previous proviso for such activities but only to reconcile
estimated and actual unit costs for conducting such
activities and after notifying the Committees on
Appropriations of the House of Representatives and the Senate
at least 15 days in advance of any such reallocation:
Provided further, That the acquisition of services to conduct
and manage representative payee reviews shall be made using
full and open competition procedures: Provided further,
That, $150,000,000, to remain available until expended, shall
be for necessary expenses for the renovation and
modernization of the Arthur J. Altmeyer Building: Provided
further, That unobligated balances of funds provided under
this paragraph at the end of fiscal year 2016 not needed for
fiscal year 2016 shall remain available until expended to
invest in the Social Security Administration information
technology and telecommunications hardware and software
infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That the Commissioner of Social Security
shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated
balances available under the authority in the previous
proviso: Provided further, That reimbursement to the trust
funds under this heading for expenditures for official time
for employees of the Social Security Administration pursuant
to 5 U.S.C. 7131, and for facilities or support services for
labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as
soon as possible after such expenditures are made.
In addition, for the costs associated with continuing
disability reviews under titles II and XVI of the Social
Security Act and for the cost associated with conducting
redeterminations of eligibility under title XVI of the Social
Security Act, $1,426,000,000 may be expended, as authorized
by section 201(g)(1) of the Social Security Act, from any one
or all of the trust funds referred to therein: Provided,
That, of such amount, $273,000,000 is provided to meet the
terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, and
$1,153,000,000 is additional new budget authority specified
for purposes of section 251(b)(2)(B) of such Act: Provided
further, That the Commissioner shall provide to the Congress
(at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the
reports that were required by section 103(d)(2) of Public Law
104-121 for fiscal years 1996 through 2002.
In addition, $136,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such sections in fiscal year 2016
exceed $136,000,000, the amounts shall be available in fiscal
year 2017 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $29,787,000, together with not to exceed
$75,713,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be
available for the time and purposes for which this account is
available: Provided, That notice of such transfers shall be
transmitted promptly to the Committees on Appropriations of
the House of Representatives and the Senate at least 15 days
in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances
[[Page H9550]]
shall be used for the same purpose, and for the same periods
of time, for which they were originally appropriated.
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. (a) No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and
recognized executive-legislative relationships, for publicity
or propaganda purposes, for the preparation, distribution, or
use of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or
any State or local legislature itself, or designed to support
or defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State
or local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient,
related to any activity designed to influence the enactment
of legislation, appropriations, regulation, administrative
action, or Executive order proposed or pending before the
Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and
recognized executive-legislative relationships or
participation by an agency or officer of a State, local or
tribal government in policymaking and administrative
processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall
include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or
any proposed, pending, or future requirement or restriction
on any legal consumer product, including its sale or
marketing, including but not limited to the advocacy or
promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and
$20,000, respectively, from funds available for salaries and
expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the
Federal Mediation and Conciliation Service is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from the funds available for
``Federal Mediation and Conciliation Service, Salaries and
Expenses''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds
available for ``National Mediation Board, Salaries and
Expenses''.
Sec. 505. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part
with Federal money, all grantees receiving Federal funds
included in this Act, including but not limited to State and
local governments and recipients of Federal research grants,
shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a
physician, place the woman in danger of death unless an
abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than
a State's or locality's contribution of Medicaid matching
funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government
subjects any institutional or individual health care entity
to discrimination on the basis that the health care entity
does not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization,
a health maintenance organization, a health insurance plan,
or any other kind of health care facility, organization, or
plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research on
fetuses in utero under 45 CFR 46.204(b) and section 498(b) of
the Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of
this Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under
section 1173(b) of the Social Security Act providing for, or
providing for the assignment of, a unique health identifier
for an individual (except in an individual's capacity as an
employer or a health care provider), until legislation is
enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
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 appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the
certifications required by paragraph (4) of such section.
Sec. 514. (a) 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 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 or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
(b) 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 in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
[[Page H9551]]
(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 Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in
advance of such reprogramming or of an announcement of intent
relating to such reprogramming, whichever occurs earlier, and
are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the
position that the candidate holds with respect to political
issues not directly related to and necessary for the work of
the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program,
project, and activity level any funding allocations for
fiscal year 2016 that are different than those specified in
this Act, the accompanying detailed table in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), or the fiscal year 2016
budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding
$500,000 in value and awarded by the Department on a non-
competitive basis during each quarter of fiscal year 2016,
but not to include grants awarded on a formula basis or
directed by law. Such report shall include the name of the
contractor or grantee, the amount of funding, the
governmental purpose, including a justification for issuing
the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of
the quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security
benefit payments under title II of the Social Security Act,
to process any claim for credit for a quarter of coverage
based on work performed under a social security account
number that is not the claimant's number and the performance
of such work under such number has formed the basis for a
conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
Sec. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees
of the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization
arrangements between the social security system established
by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be
payable but for such agreement.
Sec. 520. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase
sterile needles or syringes for the hypodermic injection of
any illegal drug: Provided, That such limitation does not
apply to the use of funds for elements of a program other
than making such purchases if the relevant State or local
health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or
local jurisdiction, as applicable, is experiencing, or is at
risk for, a significant increase in hepatitis infections or
an HIV outbreak due to injection drug use, and such program
is operating in accordance with State and local law.
Sec. 521. (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. 522. None of the funds made available under this or
any other Act, or any prior Appropriations Act, may be
provided to the Association of Community Organizations for
Reform Now (ACORN), or any of its affiliates, subsidiaries,
allied organizations, or successors.
Sec. 523. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12
dated May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 524. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to
the agency for advertising or other communications regarding
the programs and activities of the agency.
Sec. 525. (a) Federal agencies may use Federal
discretionary funds that are made available in this Act to
carry out up to 10 Performance Partnership Pilots. Such
Pilots shall--
(1) be designed to improve outcomes for disconnected youth;
(2) include communities that have recently experienced
civil unrest; and
(3) involve Federal programs targeted on disconnected
youth, or designed to prevent youth from disconnecting from
school or work, that provide education, training, employment,
and other related social services. Such Pilots shall be
governed by the provisions of section 526 of division H of
Public Law 113-76, except that in carrying out such Pilots
section 526 shall be applied by substituting ``Fiscal Year
2016'' for ``Fiscal Year 2014'' in the title of subsection
(b) and by substituting ``September 30, 2020'' for
``September 30, 2018'' each place it appears.
(b) In addition, Federal agencies may use Federal
discretionary funds that are made available in this Act to
participate in Performance Partnership Pilots that are being
carried out pursuant to the authority provided by section 526
of division H of Public Law 113-76, and section 524 of
division G of Public Law 113-235: Provided, That new pilots
that are being carried out with discretionary funds made
available in division G of Public Law 113-235 shall include
communities that have recently experienced civil unrest.
Sec. 526. Not later than 30 days after the end of each
calendar quarter, beginning with the first quarter of fiscal
year 2013, the Departments of Labor, Health and Human
Services and Education and the Social Security Administration
shall provide the Committees on Appropriations of the House
of Representatives and Senate a quarterly report on the
status of balances of appropriations: Provided, That for
balances that are unobligated and uncommitted, committed, and
obligated but unexpended, the quarterly reports shall
separately identify the amounts attributable to each source
year of appropriation (beginning with fiscal year 2012, or,
to the extent feasible, earlier fiscal years) from which
balances were derived.
Sec. 527. Section 2812(d)(2) of the Public Health Service
Act (42 U.S.C. 300hh-11(d)(2)) is amended--
(1) by redesignating the three sentences as subparagraphs
(A), (B), and (C), respectively, and indenting accordingly;
(2) in subparagraph (A), as so redesignated, by striking
``An'' and inserting ``In general.--An'';
(3) in subparagraph (B), as so redesignated, by striking
``With'' and inserting ``Application to training programs.--
With'';
(4) in subparagraph (C), as so redesignated, by striking
``In'' and inserting ``Responsibility of labor secretary.--
In''; and
(5) by adding at the end the following new subparagraphs:
``(D) Computation of pay.--In the event of an injury to
such an intermittent disaster response appointee, the
position of the employee shall be deemed to be `one which
would have afforded employment for substantially a whole
year', for purposes of section 8114(d)(2) of such title.
``(E) Continuation of pay.--The weekly pay of such an
employee shall be deemed to be the hourly pay in effect on
the date of the injury multiplied by 40, for purposes of
computing benefits under section 8118 of such title.''.
(rescission)
Sec. 528. Of the funds made available for fiscal year 2016
under section 3403 of Public Law 111-148, $15,000,000 are
rescinded.
Sec. 529. 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, shall not be available for
obligation in this fiscal year.
(rescission)
Sec. 530. Of any available amounts appropriated under
section 108 of Public Law 111-3, as amended, $4,678,500,000
are hereby rescinded.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2016''.
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2016
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate,
$39,920; Majority Whip of the Senate, $9,980; Minority Whip
of the Senate, $9,980; Chairmen of the Majority and Minority
Conference Committees, $4,690 for each Chairman; and Chairmen
of the Majority and Minority Policy Committees, $4,690 for
each Chairman; in all, $174,840.
[[Page H9552]]
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all,
$28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as
authorized by law, including agency contributions,
$179,185,311, which shall be paid from this appropriation
without regard to the following limitations:
office of the vice president
For the Office of the Vice President, $2,417,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $723,466.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders,
$5,255,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,359,424.
committee on appropriations
For salaries of the Committee on Appropriations,
$15,142,000.
conference committees
For the Conference of the Majority and the Conference of
the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $1,658,000 for each such
committee; in all, $3,316,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the
Majority and the Conference of the Minority, $817,402.
policy committees
For salaries of the Majority Policy Committee and the
Minority Policy Committee, $1,692,905 for each such
committee; in all, $3,385,810.
office of the chaplain
For Office of the Chaplain, $436,886.
office of the secretary
For Office of the Secretary, $24,772,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper,
$69,000,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the
Secretary for the Minority, $1,762,000.
agency contributions and related expenses
For agency contributions for employee benefits, as
authorized by law, and related expenses, $48,797,499.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $5,408,500.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal
Counsel, $1,120,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate,
$7,110; Sergeant at Arms and Doorkeeper of the Senate,
$7,110; Secretary for the Majority of the Senate, $7,110;
Secretary for the Minority of the Senate, $7,110; in all,
$28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304),
and Senate Resolution 281, 96th Congress, agreed to March 11,
1980, $133,265,000, of which $26,650,000 shall remain
available until September 30, 2018.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on
International Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$8,750,000 of which $4,350,000 shall remain available until
September 30, 2020 and of which $2,500,000 shall remain
available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and
Doorkeeper of the Senate, $130,000,000, which shall remain
available until September 30, 2020.
miscellaneous items
For miscellaneous items, $21,390,270 which shall remain
available until September 30, 2018.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense
Account, $390,000,000 of which $19,121,212 shall remain
available until September 30, 2018.
official mail costs
For expenses necessary for official mail costs of the
Senate, $300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 1. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading
``SENATE'' under the heading ``Contingent Expenses of the
Senate'' under the heading ``senators' official personnel and
office expense account'' shall be available for obligation
only during the fiscal year or fiscal years for which such
amounts are made available. Any unexpended balances under
such allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance
with the undesignated paragraph under the center heading
``GENERAL PROVISION'' under chapter XI of the Third
Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and used
for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing
the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
authority for transfer of funds
Sec. 2. Section 1 of the Legislative Branch Appropriations
Act, 1991 (2 U.S.C. 6153) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(2) by inserting after subsection (b) the following:
``(c)(1) The Chaplain of the Senate may, during any fiscal
year, at the election of the Chaplain of the Senate, transfer
funds from the appropriation account for salaries for the
Office of the Chaplain of the Senate to the account, within
the contingent fund of the Senate, from which expenses are
payable for the Office of the Chaplain.
``(2) The Chaplain of the Senate may, during any fiscal
year, at the election of the Chaplain of the Senate, transfer
funds from the appropriation account for expenses, within the
contingent fund of the Senate, for the Office of the Chaplain
to the account from which salaries are payable for the Office
of the Chaplain of the Senate.'';
(3) in subsection (d), as so redesignated--
(A) in paragraph (1), by inserting ``or the Office of the
Chaplain of the Senate, as the case may be,'' after ``such
committee'' each place it appears; and
(B) in paragraph (2), by inserting ``or the Chaplain of the
Senate, as the case may be,'' after ``the Chairman''; and
(4) in subsection (e), as so redesignated, by inserting
``or the Chaplain of the Senate, as the case may be,'' after
``The Chairman of a committee''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,180,736,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law,
$22,278,891, including: Office of the Speaker, $6,645,417,
including $25,000 for official expenses of the Speaker;
Office of the Majority Floor Leader, $2,180,048, including
$10,000 for official expenses of the Majority Leader; Office
of the Minority Floor Leader, $7,114,471, including $10,000
for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,886,632, including $5,000 for official expenses of the
Majority Whip; Office of the Minority Whip, including the
Chief Deputy Minority Whip, $1,459,639, including $5,000 for
official expenses of the Minority Whip; Republican
Conference, $1,505,426; Democratic Caucus, $1,487,258:
Provided, That such amount for salaries and expenses shall
remain available from January 3, 2016 until January 2, 2017.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including
Members' clerk hire, official expenses, and official mail,
$554,317,732.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special
and select, authorized by House resolutions, $123,903,173:
Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2016.
Committee on Appropriations
For salaries and expenses of the Committee on
Appropriations, $23,271,004, including studies and
examinations of executive agencies and temporary personal
services for such committee, to be expended in accordance
with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for
services performed: Provided, That such amount shall remain
available for such salaries and expenses until December 31,
2016.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $178,531,768, including: for salaries and
expenses of the Office of the Clerk, including the positions
of the Chaplain and the Historian, and including not more
than $25,000 for official representation and reception
expenses, of which not more than $20,000 is for
[[Page H9553]]
the Family Room and not more than $2,000 is for the Office of
the Chaplain, $24,980,898; for salaries and expenses of the
Office of the Sergeant at Arms, including the position of
Superintendent of Garages and the Office of Emergency
Management, and including not more than $3,000 for official
representation and reception expenses, $14,827,120 of which
$4,784,229 shall remain available until expended; for
salaries and expenses of the Office of the Chief
Administrative Officer including not more than $3,000 for
official representation and reception expenses, $117,165,000,
of which $1,350,000 shall remain available until expended;
for salaries and expenses of the Office of the Inspector
General, $4,741,809; for salaries and expenses of the Office
of General Counsel, $1,413,450; for salaries and expenses of
the Office of the Parliamentarian, including the
Parliamentarian, $2,000 for preparing the Digest of Rules,
and not more than $1,000 for official representation and
reception expenses, $1,974,606; for salaries and expenses of
the Office of the Law Revision Counsel of the House,
$3,119,766; for salaries and expenses of the Office of the
Legislative Counsel of the House, $8,352,975; for salaries
and expenses of the Office of Interparliamentary Affairs,
$814,069; for other authorized employees, $1,142,075.
Allowances and Expenses
For allowances and expenses as authorized by House
resolution or law, $278,433,432, including: supplies,
materials, administrative costs and Federal tort claims,
$3,625,236; official mail for committees, leadership offices,
and administrative offices of the House, $190,486; Government
contributions for health, retirement, Social Security, and
other applicable employee benefits, $251,629,425, to remain
available until March 31, 2017; Business Continuity and
Disaster Recovery, $16,217,008 of which $5,000,000 shall
remain available until expended; transition activities for
new members and staff, $2,084,000, to remain available until
expended; Wounded Warrior Program $2,500,000, to remain
available until expended; Office of Congressional Ethics,
$1,467,030; and miscellaneous items including purchase,
exchange, maintenance, repair and operation of House motor
vehicles, interparliamentary receptions, and gratuities to
heirs of deceased employees of the House, $720,247.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 101. (a) Notwithstanding any other provision of law,
any amounts appropriated under this Act for ``HOUSE OF
REPRESENTATIVES--Salaries and Expenses--Members'
Representational Allowances'' shall be available only for
fiscal year 2016. Any amount remaining after all payments are
made under such allowances for fiscal year 2016 shall be
deposited in the Treasury and used for deficit reduction (or,
if there is no Federal budget deficit after all such payments
have been made, for reducing the Federal debt, in such manner
as the Secretary of the Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of
the House of Representatives shall have authority to
prescribe regulations to carry out this section.
(c) Definition.--As used in this section, the term ``Member
of the House of Representatives'' means a Representative in,
or a Delegate or Resident Commissioner to, the Congress.
delivery of bills and resolutions
Sec. 102. None of the funds made available in this Act may
be used to deliver a printed copy of a bill, joint
resolution, or resolution to the office of a Member of the
House of Representatives (including a Delegate or Resident
Commissioner to the Congress) unless the Member requests a
copy.
delivery of congressional record
Sec. 103. None of the funds made available by this Act may
be used to deliver a printed copy of any version of the
Congressional Record to the office of a Member of the House
of Representatives (including a Delegate or Resident
Commissioner to the Congress).
limitation on amount available to lease vehicles
Sec. 104. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of
Representatives to make any payments from any Members'
Representational Allowance for the leasing of a vehicle,
excluding mobile district offices, in an aggregate amount
that exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 105. None of the funds made available by this Act may
be used to provide an aggregate number of more than 50
printed copies of any edition of the United States Code to
all offices of the House of Representatives.
delivery of reports of disbursements
Sec. 106. None of the funds made available by this Act may
be used to deliver a printed copy of the report of
disbursements for the operations of the House of
Representatives under section 106 of the House of
Representatives Administrative Reform Technical Corrections
Act (2 U.S.C. 5535) to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress).
delivery of daily calendar
Sec. 107. None of the funds made available by this Act may
be used to deliver to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress) a printed copy of the Daily
Calendar of the House of Representatives which is prepared by
the Clerk of the House of Representatives.
delivery of congressional pictorial directory
Sec. 108. None of the funds made available by this Act may
be used to deliver a printed copy of the Congressional
Pictorial Directory to the office of a Member of the House of
Representatives (including a Delegate or Resident
Commissioner to the Congress).
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Congressional Committee on Inaugural Ceremonies of 2017
For salaries and expenses associated with conducting the
inaugural ceremonies of the President and Vice President of
the United States, January 20, 2017, in accordance with such
program as may be adopted by the joint congressional
committee authorized to conduct the inaugural ceremonies of
2017, $1,250,000 to be disbursed by the Secretary of the
Senate and to remain available until September 30, 2017:
Provided, That funds made available under this heading shall
be available for payment, on a direct or reimbursable basis,
whether incurred on, before, or after, October 1, 2016:
Provided further, That the compensation of any employee of
the Committee on Rules and Administration of the Senate who
has been designated to perform service with respect to the
inaugural ceremonies of 2017 shall continue to be paid by the
Committee on Rules and Administration, but the account from
which such staff member is paid may be reimbursed for the
services of the staff member out of funds made available
under this heading: Provided further, That there are
authorized to be paid from the appropriations account for
``Expenses of Inquiries and Investigations'' of the Senate
such sums as may be necessary, without fiscal year
limitation, for agency contributions related to the
compensation of employees of the joint congressional
committee.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on
Taxation, $10,095,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending
Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,692,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned
to the Office of the Attending Physician, which shall be
advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and
other expenses are payable and shall be available for all the
purposes thereof, $3,784,000, to be disbursed by the Chief
Administrative Officer of the House of Representatives.
Office of Congressional Accessibility Services
salaries and expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,400,000, to be disbursed by the
Secretary of the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions
for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$309,000,000 of which overtime shall not exceed $30,928,000
unless the Committee on Appropriations of the House and
Senate are notified, to be disbursed by the Chief of the
Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including
motor vehicles, communications and other equipment, security
equipment and installation, uniforms, weapons, supplies,
materials, training, medical services, forensic services,
stenographic services, personal and professional services,
the employee assistance program, the awards program, postage,
communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol
Police in connection with official representation and
reception expenses, $66,000,000, to be disbursed by the Chief
of the Capitol Police or
[[Page H9554]]
his designee: Provided, That, notwithstanding any other
provision of law, the cost of basic training for the Capitol
Police at the Federal Law Enforcement Training Center for
fiscal year 2016 shall be paid by the Secretary of Homeland
Security from funds available to the Department of Homeland
Security.
Administrative Provision
deposit of reimbursements for law enforcement assistance
Sec. 1001. (a) In General.--Section 2802(a)(1) of the
Supplemental Appropriations Act, 2001 (2 U.S.C. 1905(a)(1))
is amended by striking ``District of Columbia)'' and
inserting the following: ``District of Columbia), and from
any other source in the case of assistance provided in
connection with an activity that was not sponsored by
Congress''.
(b) Conforming Amendment.--Section 2802(a)(2) of such Act
(2 U.S.C. 1905(a)(2)) is amended by striking ``law
enforcement assistance to any Federal, State, or local
government agency (including any agency of the District of
Columbia)'' and inserting ``any law enforcement assistance
for which reimbursement described in paragraph (1) is made''.
(c) Effective Date.--The amendments made by this section
shall only apply with respect to any reimbursement received
before, on, or after the date of the enactment of the Act.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1385), $3,959,000, of which $450,000
shall remain available until September 30, 2017: Provided,
That not more than $500 may be expended on the certification
of the Executive Director of the Office of Compliance in
connection with official representation and reception
expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000
to be expended on the certification of the Director of the
Congressional Budget Office in connection with official
representation and reception expenses, $46,500,000.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other
personal services, at rates of pay provided by law; for all
necessary expenses for surveys and studies, construction,
operation, and general and administrative support in
connection with facilities and activities under the care of
the Architect of the Capitol including the Botanic Garden;
electrical substations of the Capitol, Senate and House
office buildings, and other facilities under the jurisdiction
of the Architect of the Capitol; including furnishings and
office equipment; including not more than $5,000 for official
reception and representation expenses, to be expended as the
Architect of the Capitol may approve; for purchase or
exchange, maintenance, and operation of a passenger motor
vehicle, $91,589,000.
Capitol Building
For all necessary expenses for the maintenance, care and
operation of the Capitol, $46,737,000, of which $22,737,000
shall remain available until September 30, 2020.
Capitol Grounds
For all necessary expenses for care and improvement of
grounds surrounding the Capitol, the Senate and House office
buildings, and the Capitol Power Plant, $11,880,000, of which
$2,000,000 shall remain available until September 30, 2020.
Senate Office Buildings
For all necessary expenses for the maintenance, care and
operation of Senate office buildings; and furniture and
furnishings to be expended under the control and supervision
of the Architect of the Capitol, $84,221,000, of which
$26,283,000 shall remain available until September 30, 2020.
House Office Buildings
For all necessary expenses for the maintenance, care and
operation of the House office buildings, $174,962,000, of
which $48,885,000 shall remain available until September 30,
2020, and of which $62,000,000 shall remain available until
expended for the restoration and renovation of the Cannon
House Office Building.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available
until expended.
Capitol Power Plant
For all necessary expenses for the maintenance, care and
operation of the Capitol Power Plant; lighting, heating,
power (including the purchase of electrical energy) and water
and sewer services for the Capitol, Senate and House office
buildings, Library of Congress buildings, and the grounds
about the same, Botanic Garden, Senate garage, and air
conditioning refrigeration not supplied from plants in any of
such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water
for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal
Judiciary Building and the Folger Shakespeare Library,
expenses for which shall be advanced or reimbursed upon
request of the Architect of the Capitol and amounts so
received shall be deposited into the Treasury to the credit
of this appropriation, $94,722,499, of which $17,581,499
shall remain available until September 30, 2020: Provided,
That not more than $9,000,000 of the funds credited or to be
reimbursed to this appropriation as herein provided shall be
available for obligation during fiscal year 2016.
Library Buildings and Grounds
For all necessary expenses for the mechanical and
structural maintenance, care and operation of the Library
buildings and grounds, $40,689,000, of which $15,746,000
shall remain available until September 30, 2020.
Capitol Police Buildings, Grounds, and Security
For all necessary expenses for the maintenance, care and
operation of buildings, grounds and security enhancements of
the United States Capitol Police, wherever located, the
Alternate Computer Facility, and AOC security operations,
$25,434,000, of which $7,901,000 shall remain available until
September 30, 2020.
Botanic Garden
For all necessary expenses for the maintenance, care and
operation of the Botanic Garden and the nurseries, buildings,
grounds, and collections; and purchase and exchange,
maintenance, repair, and operation of a passenger motor
vehicle; all under the direction of the Joint Committee on
the Library, $12,113,000, of which $2,100,000 shall remain
available until September 30, 2020: Provided, That, of the
amount made available under this heading, the Architect of
the Capitol may obligate and expend such sums as may be
necessary for the maintenance, care and operation of the
National Garden established under section 307E of the
Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146),
upon vouchers approved by the Architect of the Capitol or a
duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol
Visitor Center, $20,557,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 1101. None of the funds made available in this Act
for the Architect of the Capitol may be used to make
incentive or award payments to contractors for work on
contracts or programs for which the contractor is behind
schedule or over budget, unless the Architect of the Capitol,
or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven
scope changes, or are not significant within the overall
scope of the project and/or program.
scrims
Sec. 1102. None of the funds made available by this Act
may be used for scrims containing photographs of building
facades during restoration or construction projects performed
by the Architect of the Capitol.
acquisition of parcel at fort meade
Sec. 1103. (a) Acquisition.--The Architect of the Capitol
is authorized to acquire from the Maryland State Highway
Administration, at no cost to the United States, a parcel of
real property (including improvements thereon) consisting of
approximately 7.34 acres located within the portion of Fort
George G. Meade in Anne Arundel County, Maryland, that was
transferred to the Architect of the Capitol by the Secretary
of the Army pursuant to section 122 of the Military
Construction Appropriations Act, 1994 (2 U.S.C. 141 note).
(b) Terms and Conditions.--The terms and conditions
applicable under subsections (b) and (d) of section 122 of
the Military Construction Appropriations Act, 1994 (2 U.S.C.
141 note) to the property acquired by the Architect of the
Capitol pursuant to such section shall apply to the real
property acquired by the Architect pursuant to the authority
of this section.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library's catalogs; custody and custodial care of the
Library buildings; special clothing; cleaning, laundering and
repair of uniforms; preservation of motion pictures in the
custody of the Library; operation and maintenance of the
American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and
expenses of the Library of Congress Trust Fund Board not
properly chargeable to the income of any trust fund held by
the Board, $425,971,000, of which not more than $6,000,000
shall be derived from collections credited to this
appropriation during fiscal year 2016, and shall remain
available until expended, under the Act of June 28, 1902
(chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than
$350,000 shall be derived from collections during fiscal year
2016 and shall remain available until expended for the
development and maintenance of an international legal
information database and activities related thereto:
Provided, That the Library of Congress may not obligate or
expend any funds derived from collections under the Act of
June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided
further, That the total amount available for obligation shall
be reduced by the
[[Page H9555]]
amount by which collections are less than $6,350,000:
Provided further, That, of the total amount appropriated, not
more than $12,000 may be expended, on the certification of
the Librarian of Congress, in connection with official
representation and reception expenses for the Overseas Field
Offices: Provided further, That of the total amount
appropriated, $8,231,000 shall remain available until
expended for the digital collections and educational
curricula program: Provided further, That, of the total
amount appropriated, $1,300,000 shall remain available until
expended for upgrade of the Legislative Branch Financial
Management System.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office,
$58,875,000, of which not more than $30,000,000, to remain
available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2016 under
section 708(d) of title 17, United States Code: Provided,
That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess
of the amount authorized for obligation or expenditure in
appropriations Acts: Provided further, That not more than
$5,777,000 shall be derived from collections during fiscal
year 2016 under sections 111(d)(2), 119(b)(3), 803(e), 1005,
and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the
amount by which collections are less than $35,777,000:
Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an
``International Copyright Institute'' in the Copyright Office
of the Library of Congress for the purpose of training
nationals of developing countries in intellectual property
laws and policies: Provided further, That not more than
$6,500 may be expended, on the certification of the Librarian
of Congress, in connection with official representation and
reception expenses for activities of the International
Copyright Institute and for copyright delegations, visitors,
and seminars: Provided further, That, notwithstanding any
provision of chapter 8 of title 17, United States Code, any
amounts made available under this heading which are
attributable to royalty fees and payments received by the
Copyright Office pursuant to sections 111, 119, and chapter
10 of such title may be used for the costs incurred in the
administration of the Copyright Royalty Judges program, with
the exception of the costs of salaries and benefits for the
Copyright Royalty Judges and staff under section 802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of
section 203 of the Legislative Reorganization Act of 1946 (2
U.S.C. 166) and to revise and extend the Annotated
Constitution of the United States of America, $106,945,000:
Provided, That no part of such amount may be used to pay any
salary or expense in connection with any publication, or
preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either
the Committee on House Administration of the House of
Representatives or the Committee on Rules and Administration
of the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a),
$50,248,000: Provided, That of the total amount
appropriated, $650,000 shall be available to contract to
provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 1201. (a) In General.--For fiscal year 2016, the
obligational authority of the Library of Congress for the
activities described in subsection (b) may not exceed
$186,015,000.
(b) Activities.--The activities referred to in subsection
(a) are reimbursable and revolving fund activities that are
funded from sources other than appropriations to the Library
in appropriations Acts for the legislative branch.
librarian of congress emeritus
Sec. 1202. (a) Designation of James Billington as Librarian
of Congress Emeritus.--As an honorary designation, James H.
Billington, upon leaving service as the Librarian of
Congress, may be known as the Librarian of Congress Emeritus.
(b) No Appointment to Government Service; Availability of
Incidental Support.--The honorary designation under this
section does not constitute an appointment to a position in
the Federal Government under title 5, United States Code.
Notwithstanding the previous sentence, in connection with his
activities as Librarian of Congress Emeritus, James H.
Billington may receive incidental administrative and clerical
support through the Library of Congress.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and
the distribution of congressional information in any format;
expenses necessary for preparing the semimonthly and session
index to the Congressional Record, as authorized by law
(section 902 of title 44, United States Code); publishing of
Government publications authorized by law to be distributed
to Members of Congress; and publishing, and distribution of
Government publications authorized by law to be distributed
without charge to the recipient, $79,736,000: Provided, That
this appropriation shall not be available for paper copies of
the permanent edition of the Congressional Record for
individual Representatives, Resident Commissioners or
Delegates authorized under section 906 of title 44, United
States Code: Provided further, That this appropriation shall
be available for the payment of obligations incurred under
the appropriations for similar purposes for preceding fiscal
years: Provided further, That notwithstanding the 2-year
limitation under section 718 of title 44, United States Code,
none of the funds appropriated or made available under this
Act or any other Act for printing and binding and related
services provided to Congress under chapter 7 of title 44,
United States Code, may be expended to print a document,
report, or publication after the 27-month period beginning on
the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of
title 44, United States Code: Provided further, That any
unobligated or unexpended balances in this account or
accounts for similar purposes for preceding fiscal years may
be transferred to the Government Publishing Office Business
Operations Revolving Fund for carrying out the purposes of
this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate:
Provided further, That notwithstanding sections 901, 902, and
906 of title 44, United States Code, this appropriation may
be used to prepare indexes to the Congressional Record on
only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the
Office of Superintendent of Documents necessary to provide
for the cataloging and indexing of Government publications
and their distribution to the public, Members of Congress,
other Government agencies, and designated depository and
international exchange libraries as authorized by law,
$30,500,000: Provided, That amounts of not more than
$2,000,000 from current year appropriations are authorized
for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2014 and 2015 to
depository and other designated libraries: Provided further,
That any unobligated or unexpended balances in this account
or accounts for similar purposes for preceding fiscal years
may be transferred to the Government Publishing Office
Business Operations Revolving Fund for carrying out the
purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives
and Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business
Operations Revolving Fund, $6,832,000, to remain available
until expended, for information technology development and
facilities repair: Provided, That the Government Publishing
Office is hereby authorized to make such expenditures, within
the limits of funds available and in accordance with 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 programs and purposes set forth in the budget for the
current fiscal year for the Government Publishing Office
Business Operations Revolving Fund: Provided further, That
not more than $7,500 may be expended on the certification of
the Director of the Government Publishing Office in
connection with official representation and reception
expenses: Provided further, That the business operations
revolving fund shall be available for the hire or purchase of
not more than 12 passenger motor vehicles: Provided further,
That expenditures in connection with travel expenses of the
advisory councils to the Director of the Government
Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided
further, That the business operations revolving fund shall be
available for temporary or intermittent services under
section 3109(b) of title 5, United States Code, but at rates
for individuals not more than the daily equivalent of the
annual rate of basic pay for level V of the Executive
Schedule under section 5316 of such title: Provided further,
That activities financed through the business operations
revolving fund may provide information in any format:
Provided further, That the business operations revolving fund
and the funds provided under the heading ``Public Information
Programs of the Superintendent of Documents'' may not be used
for contracted security services at GPO's passport facility
in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability
Office, including not more
[[Page H9556]]
than $12,500 to be expended on the certification of the
Comptroller General of the United States in connection with
official representation and reception expenses; temporary or
intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more
than the daily equivalent of the annual rate of basic pay for
level IV of the Executive Schedule under section 5315 of such
title; hire of one passenger motor vehicle; advance payments
in foreign countries in accordance with section 3324 of title
31, United States Code; benefits comparable to those payable
under sections 901(5), (6), and (8) of the Foreign Service
Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under
regulations prescribed by the Comptroller General of the
United States, rental of living quarters in foreign
countries, $531,000,000: Provided, That, in addition,
$25,450,000 of payments received under sections 782, 791,
3521, and 9105 of title 31, United States Code, shall be
available without fiscal year limitation: Provided further,
That this appropriation and appropriations for administrative
expenses of any other department or agency which is a member
of the National Intergovernmental Audit Forum or a Regional
Intergovernmental Audit Forum shall be available to finance
an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of
non-Federal participants: Provided further, That payments
hereunder to the Forum may be credited as reimbursements to
any appropriation from which costs involved are initially
financed.
Administrative Provision
federal government details
Sec. 1301. (a) Permitting Details From Other Federal
Offices.--Section 731 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(k) Federal Government Details.--The activities of the
Government Accountability Office may, in the reasonable
discretion of the Comptroller General, be carried out by
receiving details of personnel from other offices of the
Federal Government on a reimbursable, partially-reimbursable,
or nonreimbursable basis.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to fiscal year 2016 and each
succeeding fiscal year.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership
Center under section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151), $5,600,000:
Provided, That funds made available to support Russian
participants shall only be used for those engaging in free
market development, humanitarian activities, and civic
engagement, and shall not be used for officials of the
central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment 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), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act
shall be used for the maintenance or care of private
vehicles, except for emergency assistance and cleaning as may
be provided under regulations relating to parking facilities
for the House of Representatives issued by the Committee on
House Administration and for the Senate issued by the
Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act
shall remain available for obligation beyond fiscal year 2016
unless expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929
(46 Stat. 32 et seq.) is appropriated for or the rate of
compensation or designation of any office or position
appropriated for is different from that specifically
established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act
for the various items of official expenses of Members,
officers, and committees of the Senate and House of
Representatives, and clerk hire for Senators and Members of
the House of Representatives shall be the permanent law with
respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
under 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 under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the
Legislative Branch Financial Managers Council (LBFMC)
established by charter on March 26, 1996, shall be available
to finance an appropriate share of LBFMC costs as determined
by the LBFMC, except that the total LBFMC costs to be shared
among all participating legislative branch entities (in such
allocations among the entities as the entities may determine)
may not exceed $2,000.
landscape maintenance
Sec. 206. For fiscal year 2016 and each fiscal year
thereafter, the Architect of the Capitol, in consultation
with the District of Columbia, is authorized to maintain and
improve the landscape features, excluding streets, in Square
580 up to the beginning of I-395.
limitation on transfers
Sec. 207. 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 appropriation Act.
guided tours of the capitol
Sec. 208. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in
this Act may be used to eliminate or restrict guided tours of
the United States Capitol which are led by employees and
interns of offices of Members of Congress and other offices
of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval
of the Capitol Police Board, guided tours of the United
States Capitol which are led by employees and interns
described in subsection (a) may be suspended temporarily or
otherwise subject to restriction for security or related
reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
battery recharging stations for privately owned vehicles in parking
areas under the jurisdiction of the librarian of congress at no net
cost to the federal government
Sec. 209. (a) Definition.--In this section, the term
``covered employee'' means--
(1) an employee of the Library of Congress; or
(2) any other individual who is authorized to park in any
parking area under the jurisdiction of the Library of
Congress on the Library of Congress buildings and grounds.
(b) Authority.--
(1) In general.--Subject to paragraph (3), funds
appropriated to the Architect of the Capitol under the
heading ``Capitol Power Plant'' under the heading ``ARCHITECT
OF THE CAPITOL'' in any fiscal year are available to
construct, operate, and maintain on a reimbursable basis
battery recharging stations in parking areas under the
jurisdiction of the Library of Congress on Library of
Congress buildings and grounds for use by privately owned
vehicles used by covered employees.
(2) Vendors authorized.--In carrying out paragraph (1), the
Architect of the Capitol may use one or more vendors on a
commission basis.
(3) Approval of construction.--The Architect of the Capitol
may construct or direct the construction of battery
recharging stations described under paragraph (1) after--
(A) submission of written notice detailing the numbers and
locations of the battery recharging stations to the Joint
Committee on the Library; and
(B) approval by that Committee.
(c) Fees and Charges.--
(1) In general.--Subject to paragraph (2), the Architect of
the Capitol shall charge fees or charges for electricity
provided to covered employees sufficient to cover the costs
to the Architect of the Capitol to carry out this section,
including costs to any vendors or other costs associated with
maintaining the battery charging stations.
(2) Approval of fees or charges.--The Architect of the
Capitol may establish and adjust fees or charges under
paragraph (1) after--
(A) submission of written notice detailing the amount of
the fee or charge to be established or adjusted to the Joint
Committee on the Library; and
(B) approval by that Committee.
(d) Deposit and Availability of Fees, Charges, and
Commissions.--Any fees, charges, or commissions collected by
the Architect of the Capitol under this section shall be--
(1) deposited in the Treasury to the credit of the
appropriations account described under subsection (b); and
(2) available for obligation without further appropriation
during the fiscal year collected.
(e) Reports.--
(1) In general.--Not later than 30 days after the end of
each fiscal year, the Architect of the Capitol shall submit a
report on the financial administration and cost recovery of
activities under this section with respect to that fiscal
year to the Joint Committee on the Library and the Committees
on Appropriations of the House of Representatives and Senate.
(2) Avoiding subsidy.--
(A) Determination.--Not later than 3 years after the date
of enactment of this Act and every 3 years thereafter, the
Architect of the Capitol shall submit a report to the Joint
Committee on the Library determining
[[Page H9557]]
whether covered employees using battery charging stations as
authorized by this section are receiving a subsidy from the
taxpayers.
(B) Modification of rates and fees.--If a determination is
made under subparagraph (A) that a subsidy is being received,
the Architect of the Capitol shall submit a plan to the Joint
Committee on the Library on how to update the program to
ensure no subsidy is being received. If the Joint Committee
does not act on the plan within 60 days, the Architect of the
Capitol shall take appropriate steps to increase rates or
fees to ensure reimbursement for the cost of the program
consistent with an appropriate schedule for amortization, to
be charged to those using the charging stations.
(f) Effective Date.--This section shall apply with respect
to fiscal year 2016 and each fiscal year thereafter.
self-certification of performance appraisal systems for senior-level
employees
Sec. 210. (a) Self-certification by Librarian of Congress,
Architect of the Capitol, and Director of Government
Publishing Office.--Section 5307(d) of title 5, United States
Code, is amended--
(1) in paragraph (1)(A), by striking ``this title or
section 332(f), 603, or 604 of title 28'' and inserting
``this title, section 332(f), 603, or 604 of title 28, or
section 108 of the Legislative Branch Appropriations Act,
1991 (2 U.S.C. 1849)''; and
(2) by adding at the end the following new paragraph:
``(5)(A) Notwithstanding any provision of paragraph (3),
any regulations, certifications, or other measures necessary
to carry out this subsection--
``(i) with respect to employees of the Library of Congress
shall be the responsibility of the Librarian of Congress;
``(ii) with respect to employees of the Office of the
Architect of the Capitol shall be the responsibility of the
Architect of the Capitol; and
``(iii) with respect to employees of the Government
Publishing Office shall be the responsibility of the Director
of the Government Publishing Office.
``(B) The regulations under this paragraph shall be
consistent with those promulgated under paragraph (3).''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2016''.
DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $663,245,000, to remain available until
September 30, 2020: Provided, That, of this amount, not to
exceed $109,245,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of the
Army determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations
of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$1,669,239,000, to remain available until September 30, 2020:
Provided, That, of this amount, not to exceed $91,649,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That none of the funds made available under this heading may
be obligated for the Townsend Bombing Range Expansion, Phase
2, until the Secretary of the Navy enters into an agreement
with local stakeholders that addresses the disposition and
management of the timber and forest resources in the proposed
areas of expansion.
Military Construction, Air Force
For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,389,185,000, to
remain available until September 30, 2020: Provided, That of
this amount, not to exceed $89,164,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $2,242,867,000,
to remain available until September 30, 2020: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, 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 further, That of the
amount appropriated, not to exceed $175,404,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the funds made available by this title to construct
fiscal year 2016 Special Operations Command military
construction projects, not to exceed 75 percent shall be
available until the Commander of the Special Operations
Command has complied with the certification and reporting
requirements in the last proviso under the heading
``Department of Defense--Military Construction, Defense-
Wide'' in title I of H.R. 2029, as passed by the House of
Representatives on April 30, 2015.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$197,237,000, to remain available until September 30, 2020:
Provided, That, of the amount appropriated, not to exceed
$20,337,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Army National Guard determines
that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefor, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$138,738,000, to remain available until September 30, 2020:
Provided, That, of the amount appropriated, not to exceed
$5,104,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Director of the Air National Guard determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $113,595,000, to remain
available until September 30, 2020: Provided, That, of the
amount appropriated, not to exceed $9,318,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Chief of
the Army Reserve determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $36,078,000, to remain available until September 30,
2020: Provided, That, of the amount appropriated, not to
exceed $2,208,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by
law, unless the Secretary of the Navy determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts,
[[Page H9558]]
$65,021,000, to remain available until September 30, 2020:
Provided, That, of the amount appropriated, not to exceed
$13,400,000 shall be available for study, planning, design,
and architect and engineer services, as authorized by law,
unless the Chief of the Air Force Reserve determines that
additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $135,000,000, to remain available until
expended.
Family Housing Construction, Army
For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$108,695,000, to remain available until September 30, 2020.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $375,611,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $16,541,000, to remain available until September 30,
2020.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $353,036,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$160,498,000, to remain available until September 30, 2020.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $331,232,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $58,668,000.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure
Account, established by section 2906(a) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$266,334,000, to remain available until expended.
Administrative Provisions
Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Gulf, unless such contracts are awarded to United
States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Gulf, may be used to award
any contract estimated by the Government to exceed $1,000,000
to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including
the Committees on Appropriations, of plans and scope of any
proposed military exercise involving United States personnel
30 days prior to its occurring, if amounts expended for
construction, either temporary or permanent, are anticipated
to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 115. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium
pursuant to sections 480 and 2883 of title 10, United States
Code, to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the
Secretary of Defense may be transferred to: (1) the
Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing''
accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of
Defense Military Unaccompanied Housing Improvement Fund from
amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts,
to be merged with and to be available for the same purposes
and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made
available to the Funds shall be available to cover the costs,
as defined in section 502(5) of the Congressional Budget Act
of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of
subchapter IV of chapter 169 of title 10, United States Code,
pertaining to alternative means of acquiring
[[Page H9559]]
and improving military family housing, military unaccompanied
housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority
available to the Department of Defense, amounts may be
transferred from the Department of Defense Base Closure
Account to the fund established by section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) to pay for expenses associated with the
Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with
and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 119. Notwithstanding any other provision of law,
funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress,
except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated
with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller)
is to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations
available in this Act to the Department of Defense for
military construction and family housing operation and
maintenance and construction have expired for obligation,
upon a determination that such appropriations will not be
necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations
incurred during the period of availability of such
appropriations, unobligated balances of such appropriations
may be transferred into the appropriation ``Foreign Currency
Fluctuations, Construction, Defense'', to be merged with and
to be available for the same time period and for the same
purposes as the appropriation to which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used by the
Secretary of the Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the
total number of civilian employees of the Department of the
Army and Army contractor personnel employed exceeds 10
percent of the total number of members of the regular and
reserve components of the Army assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the
Secretary of the Army certifies to the congressional defense
committees that in proposing the relocation of the unit of
the Army, the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for
Army stationing actions.
Sec. 123. Amounts appropriated or otherwise made available
in an account funded under the headings in this title may be
transferred among projects and activities within the account
in accordance with the reprogramming guidelines for military
construction and family housing construction contained in
Department of Defense Financial Management Regulation
7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title
may be obligated or expended for planning and design and
construction of projects at Arlington National Cemetery.
(rescission of funds)
Sec. 125. Of the unobligated balances available for
``Military Construction, Army'' and ``Family Housing
Construction, Army'', from prior appropriation Acts (other
than appropriations designated by law as being for
contingency operations directly related to the global war on
terrorism or as an emergency requirement), $86,420,000 are
hereby rescinded.
(rescission of funds)
Sec. 126. Of the unobligated balances available for
``Military Construction, Air Force'', from prior
appropriation Acts (other than appropriations designated by
law as being for contingency operations directly related to
the global war on terrorism or as an emergency requirement),
$46,400,000 are hereby rescinded.
(rescission of funds)
Sec. 127. Of the unobligated balances available for
``Military Construction, Defense-Wide'', from prior
appropriation Acts (other than appropriations designated by
law as being for contingency operations directly related to
the global war on terrorism or as an emergency requirement),
$134,000,000 are hereby rescinded.
Sec. 128. For an additional amount for ``Military
Construction, Army'', $34,500,000, to remain available until
September 30, 2020: Provided, That such funds may only be
obligated to carry out construction projects identified in
the Department of the Army's Unfunded Priority List for
Fiscal Year 2016 submitted to Congress: Provided further,
That such funding is for projects as authorized in the
National Defense Authorization Act for Fiscal Year 2016:
Provided further, That, not later than 30 days after
enactment of this Act, the Secretary of the Army shall submit
to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this
section.
Sec. 129. For an additional amount for ``Military
Construction, Navy and Marine Corps'', $34,500,000, to remain
available until September 30, 2020: Provided, That such
funds may only be obligated to carry out construction
projects identified in the Department of the Navy's Unfunded
Priority List for Fiscal Year 2016: Provided further, That
such funding is for projects as authorized in the National
Defense Authorization Act for Fiscal Year 2016: Provided
further, That, not later than 30 days after enactment of this
Act, the Secretary of the Navy shall submit to the Committees
on Appropriations of both Houses of Congress an expenditure
plan for funds provided under this section.
Sec. 130. For an additional amount for ``Military
Construction, Army National Guard'', $51,300,000, to remain
available until September 30, 2020: Provided, That such
funds may only be obligated to carry out construction
projects identified in the Department of the Army's Unfunded
Priority List for Fiscal Year 2016 submitted to Congress:
Provided further, That such funding is for projects as
authorized in the National Defense Authorization Act for
Fiscal Year 2016: Provided further, That, not later than 30
days after enactment of this Act, the Secretary of the Army
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this section.
Sec. 131. For an additional amount for ``Military
Construction, Army Reserve'', $34,200,000, to remain
available until September 30, 2020: Provided, That such
funds may only be obligated to carry out construction
projects identified in the Department of the Army's Unfunded
Priority List for Fiscal Year 2016 submitted to Congress:
Provided further, That such funding is for projects as
authorized in the National Defense Authorization Act for
Fiscal Year 2016: Provided further, That, not later than 30
days after enactment of this Act, the Secretary of the Army
shall submit to the Committees on Appropriations of both
Houses of Congress an expenditure plan for funds provided
under this section.
Sec. 132. Notwithstanding section 124, for an additional
amount for ``Military Construction, Army'' in this title,
$30,000,000 is provided for advances to the Federal Highway
Administration, Department of Transportation, for
construction of access roads as authorized by section 210 of
title 23, United States Code.
Sec. 133. For an additional amount for ``Military
Construction, Air Force'', $21,000,000, to remain available
until September 30, 2020: Provided, That such funds may only
be obligated to carry out construction projects identified in
the Department of the Air Force's Unfunded Priority List for
Fiscal Year 2016 submitted to Congress: Provided further,
That such funding is for projects as authorized in the
National Defense Authorization Act for Fiscal Year 2016:
Provided further, That not later than 30 days after enactment
of this Act, the Secretary of the Air Force shall submit to
the Committees on Appropriations of both Houses of Congress
an expenditure plan for funds provided under this section.
Sec. 134. For an additional amount for ``Military
Construction, Air National Guard'', $6,100,000, to remain
available until September 30, 2020: Provided, That such
funds may only be obligated to carry out construction
projects identified in the Department of the Air Force's
Unfunded Priority List for Fiscal Year 2016 submitted to
Congress: Provided further, That such funding is for
projects as authorized in the National Defense Authorization
Act for Fiscal Year 2016: Provided further, That not later
than 30 days after enactment of this Act, the Secretary of
the Air Force shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
Sec. 135. For the purposes of this Act, the term
``congressional defense committees'' means the Committees on
Armed Services of the House of Representatives and the
Senate, the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
Senate, and the Subcommittee on Military Construction and
Veterans Affairs of the Committee on Appropriations of the
House of Representatives.
(rescission of funds)
Sec. 136. Of the unobligated balances made available in
prior appropriation Acts for the fund established in section
1013(d) of the
[[Page H9560]]
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) (other than appropriations designated by law
as being for contingency operations directly related to the
global war on terrorism or as an emergency requirement),
$105,000,000 are hereby rescinded.
Sec. 137. For an additional amount for ``Military
Construction, Air Force Reserve'', $10,400,000, to remain
available until September 30, 2020: Provided, That such
funds may only be obligated to carry out construction
projects identified in the Department of the Air Force's
Unfunded Priority List for Fiscal Year 2016 submitted to
Congress: Provided further, That such funding is for
projects as authorized in the National Defense Authorization
Act for Fiscal Year 2016: Provided further, That not later
than 30 days after enactment of this Act, the Secretary of
the Air Force shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for funds provided under this section.
Sec. 138. 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
Committees on Appropriations of both Houses of Congress
(``the Committees'') a report detailing the findings of the
cost analysis; and (3) certifies in writing to the 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. 139. None of the funds made available by this Act may
be used to carry out the closure or transfer of the United
States Naval Station, Guantanamo Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by section 107 and chapters 11, 13, 18, 51, 53,
55, and 61 of title 38, United States Code; pension benefits
to or on behalf of veterans as authorized by chapters 15, 51,
53, 55, and 61 of title 38, United States Code; and burial
benefits, the Reinstated Entitlement Program for Survivors,
emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act
(50 U.S.C. App. 541 et seq.) and for other benefits as
authorized by sections 107, 1312, 1977, and 2106, and
chapters 23, 51, 53, 55, and 61 of title 38, United States
Code, $162,948,673,000, to remain available until expended,
of which $86,083,128,000 shall become available on October 1,
2016: Provided, That not to exceed $15,562,000 of the amount
made available for fiscal year 2016 and $16,021,000 of the
amount made available for fiscal year 2017 under this heading
shall be reimbursed to ``General Operating Expenses, Veterans
Benefits Administration'', and ``Information Technology
Systems'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United
States Code, the funding source for which is specifically
provided as the ``Compensation and Pensions'' appropriation:
Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to
``Medical Care Collections Fund'' to augment the funding of
individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by chapters 21, 30,
31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38,
United States Code, $30,654,185,000, to remain available
until expended, of which $16,340,828,000 shall become
available on October 1, 2016: Provided, That expenses for
rehabilitation program services and assistance which the
Secretary is authorized to provide under subsection (a) of
section 3104 of title 38, United States Code, other than
under paragraphs (1), (2), (5), and (11) of that subsection,
shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by chapters 19 and 21, title 38, United States
Code, $169,080,000, to remain available until expended, of
which $91,920,000 shall become available on October 1, 2016.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: 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, during fiscal year 2016, within the resources
available, not to exceed $500,000 in gross obligations for
direct loans are authorized for specially adapted housing
loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $164,558,000.
vocational rehabilitation loans program account
For the cost of direct loans, $31,000, as authorized by
chapter 31 of title 38, United States Code: 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 funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,952,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $367,000, which may be paid to
the appropriation for ``General Operating Expenses, Veterans
Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $1,134,000.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees
hired under title 38, United States Code, aid to State homes
as authorized by section 1741 of title 38, United States
Code, assistance and support services for caregivers as
authorized by section 1720G of title 38, United States Code,
loan repayments authorized by section 604 of the Caregivers
and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital
care and medical services authorized by section 1787 of title
38, United States Code; $2,369,158,000, which shall be in
addition to funds previously appropriated under this heading
that became available on October 1, 2015; and, in addition,
$51,673,000,000, plus reimbursements, shall become available
on October 1, 2016, and shall remain available until
September 30, 2017: Provided, That, of the amount made
available on October 1, 2016, under this heading,
$1,400,000,000 shall remain available until September 30,
2018: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment
for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment
priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription
drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based
on requirements established by the Secretary: Provided
further, That the implementation of the program described in
the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That, of
the amount made available on October 1, 2016, under this
heading, not less than $1,500,000,000 shall be available for
Hepatitis C Virus (HCV) clinical treatments, including
clinical treatments with modern medications that have
significantly higher cure rates than older medications, are
easier to prescribe, and have fewer and milder side effects:
Provided further, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this
heading for medical supplies and equipment are available for
the acquisition of gender appropriate prosthetics.
medical support and compliance
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the
Department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.), $6,524,000,000, plus reimbursements,
shall become available on October 1, 2016, and shall remain
available until September 30, 2017: Provided, That, of the
amount made available on October 1, 2016, under this heading,
$100,000,000 shall remain available until September 30, 2018.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other
necessary facilities of the Veterans Health Administration;
for administrative expenses in
[[Page H9561]]
support of planning, design, project management, real
property acquisition and disposition, construction, and
renovation of any facility under the jurisdiction or for the
use of the Department; for oversight, engineering, and
architectural activities not charged to project costs; for
repairing, altering, improving, or providing facilities in
the several hospitals and homes under the jurisdiction of the
Department, not otherwise provided for, either by contract or
by the hire of temporary employees and purchase of materials;
for leases of facilities; and for laundry services;
$105,132,000, which shall be in addition to funds previously
appropriated under this heading that became available on
October 1, 2015; and, in addition, $5,074,000,000, plus
reimbursements, shall become available on October 1, 2016,
and shall remain available until September 30, 2017:
Provided, That, of the amount made available on October 1,
2016, under this heading, $250,000,000 shall remain available
until September 30, 2018.
medical and prosthetic research
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $630,735,000,
plus reimbursements, shall remain available until September
30, 2017: Provided, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this
heading are available for gender appropriate prosthetic
research and toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $271,220,000, of which not
to exceed $26,600,000 shall remain available until September
30, 2017.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, $336,659,000, of
which not to exceed $10,000,000 shall remain available until
September 30, 2017: Provided, That funds provided under this
heading may be transferred to ``General Operating Expenses,
Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans
Appeals, $109,884,000, of which not to exceed $10,788,000
shall remain available until September 30, 2017.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of
passenger motor vehicles, reimbursement of the General
Services Administration for security guard services, and
reimbursement of the Department of Defense for the cost of
overseas employee mail, $2,707,734,000: Provided, That
expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of
title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans:
(1) to the maximum extent feasible, to become employable and
to obtain and maintain suitable employment; or (2) to achieve
maximum independence in daily living, shall be charged to
this account: Provided further, That, of the funds made
available under this heading, not to exceed $160,000,000
shall remain available until September 30, 2017.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $4,133,363,000, plus reimbursements: Provided,
That $1,115,757,000 shall be for pay and associated costs, of
which not to exceed $34,800,000 shall remain available until
September 30, 2017: Provided further, That $2,512,863,000
shall be for operations and maintenance, of which not to
exceed $175,000,000 shall remain available until September
30, 2017: Provided further, That $504,743,000 shall be for
information technology systems development, modernization,
and enhancement, and shall remain available until September
30, 2017: Provided further, That amounts made available for
information technology systems development, modernization,
and enhancement may not be obligated or expended until the
Secretary of Veterans Affairs or the Chief Information
Officer of the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be
obligated and expended for each development project:
Provided further, That amounts made available for salaries
and expenses, operations and maintenance, and information
technology systems development, modernization, and
enhancement may be transferred among the three subaccounts
after the Secretary of Veterans Affairs requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That amounts made available for the
``Information Technology Systems'' account for development,
modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further,
That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the
Committees on Appropriations of both Houses of Congress to
make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed: Provided further,
That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to
define data standards, code sets, and value sets used to
enable interoperability: Provided further, That, of the
funds made available for information technology systems
development, modernization, and enhancement for VistA
Evolution, not more than 25 percent may be obligated or
expended until the Secretary of Veterans Affairs submits to
the Committees on Appropriations of both Houses of Congress,
and such Committees approve, a report that describes: (1) the
status of and changes to the VistA Evolution program plan
dated March 24, 2014 (hereinafter referred to as the
``Plan''), the VistA 4 product roadmap dated February 26,
2015 (``Roadmap''), and the VistA 4 Incremental Life Cycle
Cost Estimate, dated October 26, 2014; (2) any changes to the
scope or functionality of projects within the VistA Evolution
program as established in the Plan; (3) actual program costs
incurred to date; (4) progress in meeting the schedule
milestones that have been established in the Plan; (5) a
Project Management Accountability System (PMAS) Dashboard
Progress report that identifies each VistA Evolution project
being tracked through PMAS, what functionality it is intended
to provide, and what evaluation scores it has received
throughout development; (6) the definition being used for
interoperability between the electronic health record systems
of the Department of Defense and the Department of Veterans
Affairs, the metrics to measure the extent of
interoperability, the milestones and timeline associated with
achieving interoperability, and the baseline measurements
associated with interoperability; (7) progress toward
developing and implementing all components and levels of
interoperability, including semantic interoperability; (8)
the change management tools in place to facilitate the
implementation of VistA Evolution and interoperability; and
(9) any changes to the governance structure for the VistA
Evolution program and its chain of decisionmaking authority:
Provided further, That the funds made available under this
heading for information technology systems development,
modernization, and enhancement, shall be for the projects,
and in the amounts, specified under this heading in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
office of inspector general
For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $136,766,000, of which not to exceed $12,676,000 shall
remain available until September 30, 2017.
construction, major projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406 and chapter 81 of title 38, United States
Code, not otherwise provided for, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$1,243,800,000, of which $1,163,800,000 shall remain
available until September 30, 2020, and of which $80,000,000
shall remain available until expended: Provided, That except
for advance planning activities, including needs assessments
which may or may not lead to capital investments, and other
capital asset management related activities, including
portfolio development and management activities, and
investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, including needs assessments which
may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those
capital investments funded through this account, and funds
provided for
[[Page H9562]]
the purchase of land for the National Cemetery Administration
through the land acquisition line item, none of the funds
made available under this heading shall be used for any
project which has not been approved by the Congress in the
budgetary process: Provided further, That funds made
available under this heading for fiscal year 2016, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2016; and
(2) by the awarding of a construction contract by September
30, 2017: Provided further, That the Secretary of Veterans
Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on
any approved major construction project for which obligations
are not incurred within the time limitations established
above: Provided further, That, of the amount made available
under this heading, $649,000,000 for Veterans Health
Administration major construction projects shall not be
available until the Department of Veterans Affairs--
(1) enters into an agreement with an appropriate non-
Department of Veterans Affairs Federal entity to serve as the
design and/or construction agent for any Veterans Health
Administration major construction project with a Total
Estimated Cost of $100,000,000 or above by providing full
project management services, including management of the
project design, acquisition, construction, and contract
changes, consistent with section 502 of Public Law 114-58;
and
(2) certifies in writing that such an agreement is executed
and intended to minimize or prevent subsequent major
construction project cost overruns and provides a copy of the
agreement entered into and any required supplementary
information to the Committees on Appropriations of both
Houses of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406 and chapter 81 of title 38, United
States Code, not otherwise provided for, where the estimated
cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States
Code, $406,200,000, to remain available until September 30,
2020, along with unobligated balances of previous
``Construction, Minor Projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds made available under this
heading shall be for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $120,000,000, to remain available
until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as
authorized by section 2408 of title 38, United States Code,
$46,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2016 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2016, in this or any other
Act, under the ``Medical Services'', ``Medical Support and
Compliance'', and ``Medical Facilities'' accounts may be
transferred among the accounts: Provided, That any transfers
between the ``Medical Services'' and ``Medical Support and
Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers between the ``Medical
Services'' and ``Medical Support and Compliance'' accounts in
excess of 1 percent, or exceeding the cumulative 1 percent
for the fiscal year, may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued: Provided further, That any transfers to
or from the ``Medical Facilities'' account may take place
only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code;
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical Services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2015.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2016, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund under
section 1920 of title 38, United States Code, the Veterans'
Special Life Insurance Fund under section 1923 of title 38,
United States Code, and the United States Government Life
Insurance Fund under section 1955 of title 38, United States
Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology
Systems'' accounts for the cost of administration of the
insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the
surplus earnings accumulated in such an insurance program
during fiscal year 2016 that are available for dividends in
that program after claims have been paid and actuarially
determined reserves have been set aside: Provided further,
That if the cost of administration of such an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for
fiscal year 2016 which is properly allocable to the provision
of each such insurance program and to the provision of any
total disability income insurance included in that insurance
program.
Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of
Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to
exceed $43,700,000 for the Office of Resolution Management
and $3,400,000 for the Office of Employment Discrimination
Complaint Adjudication: Provided, That payments may be made
in advance for services to be furnished based on estimated
costs: Provided further, That amounts received shall be
credited to the ``General Administration'' and ``Information
Technology Systems'' accounts for use by the office that
provided the service.
(transfer of funds)
Sec. 211. Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2016 for the Office of
Rural Health under the heading ``Medical Services'',
including any advance appropriation for fiscal year 2016
provided in prior appropriation Acts, up to $20,000,000 may
be transferred to and merged with funds appropriated under
the
[[Page H9563]]
heading ``Grants for Construction of State Extended Care
Facilities''.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered
for care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, Major Projects'' and ``Construction, Minor
Projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, Major Projects'' and ``Construction, Minor
Projects''.
Sec. 214. Amounts made available under ``Medical
Services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical
Services'', to remain available until expended for the
purposes of that account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which
are party to the Alaska Native Health Compact with the Indian
Health Service, and Indian tribes and tribal organizations
serving rural Alaska which have entered into contracts with
the Indian Health Service under the Indian Self Determination
and Educational Assistance Act, to provide healthcare,
including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply
with all appropriate rules and regulations, as established by
the Secretary. The term ``rural Alaska'' shall mean those
lands sited within the external boundaries of the Alaska
Native regions specified in sections 7(a)(1)-(4) and (7)-(12)
of the Alaska Native Claims Settlement Act, as amended (43
U.S.C. 1606), and those lands within the Alaska Native
regions specified in sections 7(a)(5) and 7(a)(6) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C.
1606), which are not within the boundaries of the
municipality of Anchorage, the Fairbanks North Star Borough,
the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, Major Projects'' and ``Construction,
Minor Projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 218. None of the funds made available in this title
may be used to implement any policy prohibiting the Directors
of the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 219. Not later than 30 days after the end of each
fiscal quarter, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a report on the financial status of the Department
of Veterans Affairs for the preceding quarter: Provided,
That, at a minimum, the report shall include the direction
contained in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act)
in the paragraph entitled ``Quarterly Report'', under the
heading ``General Administration''.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical
Services'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``General Operating Expenses, Veterans Benefits
Administration'', ``General Administration'', and ``National
Cemetery Administration'' accounts for fiscal year 2016 may
be transferred to or from the ``Information Technology
Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the
total amount made available by this Act for the ``Information
Technology Systems'' account: Provided further, That, before
a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an
approval is issued.
Sec. 221. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of
Veterans Affairs may be used in a manner that is inconsistent
with: (1) section 842 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. 2506); or (2) section
8110(a)(5) of title 38, United States Code.
(including transfer of funds)
Sec. 222. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2016 for ``Medical
Services'', ``Medical Support and Compliance'', ``Medical
Facilities'', ``Construction, Minor Projects'', and
``Information Technology Systems'', up to $267,521,000, plus
reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated
in this section to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress:
Provided further, That section 223 of Title II of Division I
of Public Law 113-235 is repealed.
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2016,
for ``Medical Services'', ``Medical Support and Compliance'',
and ``Medical Facilities'', up to $265,675,000, plus
reimbursements, may be transferred to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571) and may be used for
operation of the facilities designated as combined Federal
medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated
in this section to the Joint Department of Defense-Department
of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 224. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, for healthcare provided at facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500) shall also be available: (1) for
transfer to the Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 225. Of the amounts available in this title for
``Medical Services'', ``Medical Support and Compliance'', and
``Medical Facilities'', a minimum of $15,000,000 shall be
transferred to the DOD-VA Health Care Sharing Incentive Fund,
as authorized by section 8111(d) of title 38, United States
Code, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.
(including rescissions of funds)
Sec. 226. (a) Of the funds appropriated in title II of
division I of Public Law 113-235, the following amounts which
became available on October 1, 2015, are hereby rescinded
from the following accounts in the amounts specified:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act,
an additional amount is appropriated to the following
accounts in the amounts specified to remain available until
September 30, 2017:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
Sec. 227. The Secretary of Veterans Affairs shall notify
the Committees on Appropriations of both Houses of Congress
of all bid savings in a major construction project that total
at least $5,000,000, or 5 percent of the programmed amount of
the project, whichever is less: Provided, That such
notification
[[Page H9564]]
shall occur within 14 days of a contract identifying the
programmed amount: Provided further, That the Secretary
shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid
savings and shall describe the anticipated use of such
savings.
Sec. 228. None of the funds made available for
``Construction, Major Projects'' may be used for a project in
excess of the scope specified for that project in the
original justification data provided to the Congress as part
of the request for appropriations unless the Secretary of
Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 229. The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of
Congress a quarterly report that contains the following
information from each Veterans Benefits Administration
Regional Office: (1) the average time to complete a
disability compensation claim; (2) the number of claims
pending more than 125 days, disaggregated by initial and
supplemental claims; (3) error rates; (4) the number of
claims personnel; (5) any corrective action taken within the
quarter to address poor performance; (6) training programs
undertaken; and (7) the number and results of Quality Review
Team audits: Provided, That each quarterly report shall be
submitted no later than 30 days after the end of the
respective quarter.
Sec. 230. Of the funds provided to the Department of
Veterans Affairs for fiscal year 2016 for ``Medical
Services'' and ``Medical Support and Compliance'', a maximum
of $5,000,000 may be obligated from the ``Medical Services''
account and a maximum of $154,596,000 may be obligated from
the ``Medical Support and Compliance'' account for the VistA
Evolution and electronic health record interoperability
projects: Provided, That funds in addition to these amounts
may be obligated for the VistA Evolution and electronic
health record interoperability projects upon written
notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
Sec. 231. The Secretary of Veterans Affairs shall provide
written notification to the Committees on Appropriations of
both Houses of Congress 15 days prior to organizational
changes which result in the transfer of 25 or more full-time
equivalents from one organizational unit of the Department of
Veterans Affairs to another.
Sec. 232. The Secretary of Veterans Affairs shall provide
on a quarterly basis to the Committees on Appropriations of
both Houses of Congress notification of any single national
outreach and awareness marketing campaign in which
obligations exceed $2,000,000.
Sec. 233. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to
replace the current system by which the Veterans Integrated
Service Networks select and contract for diabetes monitoring
supplies and equipment.
(including transfer of funds)
Sec. 234. The Secretary of Veterans Affairs, upon
determination that such action is necessary to address needs
of the Veterans Health Administration, may transfer to the
``Medical Services'' account any discretionary appropriations
made available for fiscal year 2016 in this title (except
appropriations made to the ``General Operating Expenses,
Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of
Veterans Affairs, including those appropriated for fiscal
year 2016, that were provided in advance by appropriations
Acts: Provided, That transfers shall be made only with the
approval of the Office of Management and Budget: Provided
further, That the transfer authority provided in this section
is in addition to any other transfer authority provided by
law: Provided further, That no amounts may be transferred
from amounts that were designated by Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That such authority to transfer may
not be used unless for higher priority items, based on
emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by Congress:
Provided further, That, upon determination that all or part
of the funds transferred from an appropriation are not
necessary, such amounts may be transferred back to that
appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval of that request.
(including transfer of funds)
Sec. 235. Amounts made available for the Department of
Veterans Affairs for fiscal year 2016, under the ``Board of
Veterans Appeals'' and the ``General Operating Expenses,
Veterans Benefits Administration'' accounts may be
transferred between such accounts: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and
receive approval from such Committees for such request.
(rescission of funds)
Sec. 236. Of the unobligated balances available within the
``DOD-VA Health Care Sharing Incentive Fund'', $30,000,000
are hereby rescinded.
Sec. 237. The Secretary of Veterans Affairs may not
reprogram funds among major construction projects or programs
if such instance of reprogramming will exceed $5,000,000,
unless such reprogramming is approved by the Committees on
Appropriations of both Houses of Congress.
Sec. 238. Section 2302(a)(2)(A)(viii) of title 5, United
States Code, is amended by inserting ``or under title 38''
after ``of this title''.
Sec. 239. Section 312 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(c)(1) Whenever the Inspector General, in carrying out
the duties and responsibilities established under the
Inspector General Act of 1978 (5 U.S.C. App.), issues a work
product that makes a recommendation or otherwise suggests
corrective action, the Inspector General shall--
``(A) submit the work product to--
``(i) the Secretary;
``(ii) the Committee on Veterans' Affairs, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate;
``(iii) the Committee on Veterans' Affairs, the Committee
on Oversight and Government Reform, and the Committee on
Appropriations of the House of Representatives;
``(iv) if the work product was initiated upon request by an
individual or entity other than the Inspector General, that
individual or entity; and
``(v) any Member of Congress upon request; and
``(B) the Inspector General shall submit all final work
products to--
``(i) if the work product was initiated upon request by an
individual or entity other than the Inspector General, that
individual or entity; and
``(ii) any Member of Congress upon request; and
``(C) not later than 3 days after the work product is
submitted in final form to the Secretary, post the work
product on the Internet website of the Inspector General.
``(2) Nothing in this subsection shall be construed to
authorize the public disclosure of information that is
specifically prohibited from disclosure by any other
provision of law.''.
Sec. 240. None of the funds provided in this Act may be
used to pay the salary of any individual who (a) was the
Executive Director of the Office of Acquisition, Logistics
and Construction, and (b) who retired from Federal service in
the midst of an investigation, initiated by the Department of
Veterans Affairs, into delays and cost overruns associated
with the design and construction of the new medical center in
Aurora, Colorado.
Sec. 241. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the
Department of Veterans Affairs may be used to transfer any
amounts from the Filipino Veterans Equity Compensation Fund
to any other account within the Department of Veterans
Affairs.
Sec. 242. None of the amounts appropriated or otherwise
made available by title II may be used to carry out the Home
Marketing Incentive Program of the Department of Veterans
Affairs or to carry out the Appraisal Value Offer Program of
the Department with respect to an employee of the Department
in a senior executive position (as defined in section 713(g)
of title 38, United States Code): Provided, That the
Secretary may waive this prohibition with respect to the use
of the Home Marketing Incentive Program and Appraisal Value
Offer Program to recruit for a position for which recruitment
or retention of qualified personnel is likely to be difficult
in the absence of the use of these incentives: Provided
further, That within 15 days of a determination by the
Secretary to waive this prohibition, the Secretary shall
submit written notification thereof to the Committees on
Appropriations of both Houses of Congress containing the
reasons and identifying the position title for which the
waiver has been issued.
(including transfer of funds)
Sec. 243. There is hereby established in the Treasury of
the United States a fund to be known as the ``Recurring
Expenses Transformational Fund'' (the Fund): Provided, That
unobligated balances of expired discretionary funds
appropriated in this or any succeeding fiscal year from the
General Fund of the Treasury to the Department of Veterans
Affairs by this or any other Act may be transferred (at the
end of the fifth fiscal year after the last fiscal year for
which such funds are available for the purposes for which
appropriated) into the Fund: Provided further, That amounts
deposited in the Fund shall be available until expended, and
in addition to such other funds as may be available for such
purposes, for facilities infrastructure improvements,
including nonrecurring maintenance, at existing hospitals and
clinics of the Veterans Health Administration, and
information technology systems improvements and sustainment,
subject to approval by the Office of Management and Budget:
Provided further, That prior to obligation of any amounts in
the Fund, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of
Congress the authority to make such obligation and such
Committees issue an approval, or absent a response, a period
of 30 days has elapsed.
[[Page H9565]]
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement basis
only) and hire of passenger motor vehicles; not to exceed
$7,500 for official reception and representation expenses;
and insurance of official motor vehicles in foreign
countries, when required by law of such countries,
$105,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, such sums as may be
necessary, to remain available until expended, for purposes
authorized by section 2109 of title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251 through 7298 of title 38, United States Code,
$32,141,000: Provided, That $2,500,000 shall be available
for the purpose of providing financial assistance as
described, and in accordance with the process and reporting
procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and
improvement of Arlington National Cemetery and Soldiers' and
Airmen's Home National Cemetery, including the purchase or
lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $1,000 for official
reception and representation expenses, $79,516,000, of which
not to exceed $15,000,000 shall remain available until
September 30, 2018. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the ``Lease of Department of Defense Real
Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia, and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$64,300,000, of which $1,000,000 shall remain available until
expended for construction and renovation of the physical
plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--
Gulfport, Mississippi: Provided, That of the amounts made
available under this heading from funds available in the
Armed Forces Retirement Home Trust Fund, $20,000,000 shall be
paid from the general fund of the Treasury to the Trust Fund.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'',
may be provided to Arlington County, Virginia, for the
relocation of the federally owned water main at Arlington
National Cemetery, making additional land available for
ground burials.
Sec. 302. Amounts deposited into the special account
established under 10 U.S.C. 4727 are appropriated and shall
be available until expended to support activities at the Army
National Military Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. 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. 402. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 404. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the House of Representatives and the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of
the Committee on Appropriations of the Senate.
Sec. 405. 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 or any other
appropriations Act.
Sec. 406. None of the funds made available in this Act may
be used for a project or program named for an individual
serving as a Member, Delegate, or Resident Commissioner of
the United States House of Representatives.
Sec. 407. (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 confidential or 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. 408. (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. 409. None of the funds made available in this Act may
be used by an agency of the executive branch to pay for
first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of
title 41, Code of Federal Regulations.
Sec. 410. None of the funds made available in this Act may
be used to execute a contract for goods or services,
including construction services, where the contractor has not
complied with Executive Order No. 12989.
Sec. 411. None of the funds made available by this Act may
be used by the Department of Defense or the Department of
Veterans Affairs to lease or purchase new light duty vehicles
for any executive fleet, or for an agency's fleet inventory,
except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 412. (a) In General.--None of the funds appropriated
or otherwise made available to the Department of Defense in
this Act may be used to construct, renovate, or expand any
facility in the United States, its territories, or
possessions to house any individual detained at United States
Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the 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.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2016''.
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $5,622,170,000,
of which up to $629,055,000 may remain available until
September 30, 2017, and of which up to $1,428,468,000 may
remain available until expended for Worldwide Security
Protection: Provided, That funds made available under this
heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed
$700,000), as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948,
$2,181,622,000, of which up to $358,833,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,561,840,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant
[[Page H9566]]
to the advice and consent of the Senate or specific Acts of
Congress, general administration, and arms control,
nonproliferation and disarmament activities as authorized,
$791,121,000.
(4) Security programs.--For necessary expenses for security
activities, $1,087,587,000, of which up to $1,069,635,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,840,900 shall be derived from fees
collected from other executive agencies for lease or use of
facilities located at the International Center in accordance
with section 4 of the International Center Act, and, in
addition, as authorized by section 5 of such Act, $743,000,
to be derived from the reserve authorized by that section, to
be used for the purposes set out in that section;
(B) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and
(C) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $10,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor
vehicles as authorized by law and, pursuant to section
1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
(D) Funds appropriated under this heading may be made
available for Conflict Stabilization Operations and for
related reconstruction and stabilization assistance to
prevent or respond to conflict or civil strife in foreign
countries or regions, or to enable transition from such
strife.
(E) Funds appropriated under this heading in this Act that
are designated for Worldwide Security Protection shall
continue to be made available for support of security-related
training at sites in existence prior to the enactment of this
Act: Provided, That in addition to such funds, up to
$99,113,000 of the funds made available under this heading in
this Act may be obligated for a Foreign Affairs Security
Training Center (FASTC) only after the Secretary of State--
(i) submits to the appropriate congressional committees a
comprehensive analysis of a minimum of three different
locations for FASTC assessing the feasibility and comparing
the costs and benefits of delivering training at each such
location; and
(ii) notifies the appropriate congressional committees at
least 15 days in advance of such obligation: Provided, That
such notification shall also include a justification for any
decision made by the Department of State to obligate funds
for FASTC.
(F) None of the funds appropriated under this heading may
be used for the preservation of religious sites unless the
Secretary of State determines and reports to the Committees
on Appropriations that such sites are historically,
artistically, or culturally significant, that the purpose of
the project is neither to advance nor to inhibit the free
exercise of religion, and that the project is in the national
interest of the United States.
capital investment fund
For necessary expenses of the Capital Investment Fund,
$66,400,000, to remain available until expended, as
authorized.
office of inspector general
For necessary expenses of the Office of Inspector General,
$72,700,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to
post inspections: Provided, That of the funds appropriated
under this heading, $10,905,000 may remain available until
September 30, 2017.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized, $590,900,000, to remain available until
expended, of which not less than $236,000,000 shall be for
the Fulbright Program and not less than $102,000,000 shall be
for Citizen Exchange Program, including $4,000,000 for the
Congress-Bundestag Youth Exchange: Provided, That fees or
other payments received from, or in connection with, English
teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to
this account, to remain available until expended: Provided
further, That not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing modifications made to
existing educational and cultural exchange programs since
calendar year 2014, including for special academic and
special professional and cultural exchanges: Provided
further, That a portion of the Fulbright awards from the
Eurasia and Central Asia regions shall be designated as
Edmund S. Muskie Fellowships, following consultation with the
Committees on Appropriations: Provided further, That
Department of State-designated sponsors may not issue a Form
DS-2019 (Certificate of Eligibility for Exchange Visitor (J-
1) Status) to place student participants in seafood product
preparation or packaging positions in the Summer Work Travel
program in fiscal year 2016 unless prior to issuing such Form
the sponsor provides to the Secretary of State a description
of such program and verifies in writing to the Secretary that
such program fully complies with part 62 of title 22 of the
Code of Federal Regulations, notwithstanding subsection
62.32(h)(16) of such part, and with the requirements
specified under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this Consolidated Act): Provided further, That any
substantive modifications from the prior fiscal year to
programs funded by this Act under this heading shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $8,030,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $30,036,000, to remain available
until September 30, 2017.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the
Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $785,097,000, to
remain available until expended as authorized, of which not
to exceed $25,000 may be used for domestic and overseas
representation expenses as authorized: Provided, That none
of the funds appropriated in this paragraph shall be
available for acquisition of furniture, furnishings, or
generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $688,799,000, to
remain available until expended: Provided, That not later
than 45 days after enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations the
proposed allocation of funds made available under this
heading and the actual and anticipated proceeds of sales for
all projects in fiscal year 2016.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $7,900,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to, and merged with, funds appropriated by
this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
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 funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$2,444,528.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $30,000,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions
or specific Acts of Congress, $1,344,458,000: Provided, That
the Secretary of State shall, at the time of the submission
of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees
on Appropriations the most recent biennial budget prepared by
the United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify
the Committees on Appropriations at least 15 days in advance
(or in an
[[Page H9567]]
emergency, as far in advance as is practicable) of any United
Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere
in the United Nations budget: Provided further, That not
later than May 1, 2016, and 30 days after the end of fiscal
year 2016, the Secretary of State shall report to the
Committees on Appropriations any credits available to the
United States, including from the United Nations Tax
Equalization Fund, and provide updated fiscal year 2016 and
fiscal year 2017 assessment costs including offsets from
available credits and updated foreign currency exchange
rates: Provided further, That any such credits shall only be
available for United States assessed contributions to the
United Nations and the Committees on Appropriations shall be
notified when such credits are applied to any assessed
contribution, including any payment of arrearages: Provided
further, That any notification regarding funds appropriated
or otherwise made available under this heading in this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs submitted pursuant
to section 7015 of this Act, section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or
any operating plan submitted pursuant to section 7076 of this
Act, shall include an estimate of all known credits currently
available to the United States and provide updated assessment
costs including offsets from available credits and updated
foreign currency exchange rates: Provided further, That any
payment of arrearages under this heading shall be directed to
activities that are mutually agreed upon by the United States
and the respective international organization and shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That none of
the funds appropriated under this heading shall be available
for a United States contribution to an international
organization for the United States share of interest costs
made known to the United States Government by such
organization for loans incurred on or after October 1, 1984,
through external borrowings: Provided further, That the
Secretary of State shall review the budgetary and personnel
procedures of the United Nations and affiliated agencies
funded under this heading and, not later than 180 days after
enactment of this Act, submit a report to the Committees on
Appropriations on steps taken at each agency to eliminate
unnecessary administrative costs and duplicative activities
and ensure that personnel practices are transparent and
merit-based.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $666,574,000, of which 15 percent shall remain
available until September 30, 2017: Provided, That none of
the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable), the
Committees on Appropriations are notified of: (1) the
estimated cost and duration of the mission, the objectives of
the mission, the national interest that will be served, and
the exit strategy; and (2) the sources of funds, including
any reprogrammings and transfers, that will be used to pay
the cost of the new or expanded mission, and the estimated
cost in future fiscal years: Provided further, That none of
the funds appropriated under this heading may be made
available for obligation unless the Secretary of State
certifies and reports to the Committees on Appropriations on
a peacekeeping mission-by-mission basis that the United
Nations is implementing effective policies and procedures to
prevent United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking
in persons, exploiting victims of trafficking, or committing
acts of illegal sexual exploitation or other violations of
human rights, and to bring to justice individuals who engage
in such acts while participating in such mission, including
prosecution in their home countries and making information
about such prosecutions publicly available on the Web site of
the United Nations: Provided further, That funds shall be
available for peacekeeping expenses unless the Secretary of
State determines that American manufacturers and suppliers
are not being given opportunities to provide equipment,
services, and material for United Nations peacekeeping
activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That the
Secretary of State shall work with the United Nations and
foreign governments contributing peacekeeping troops to
implement effective vetting procedures to ensure that such
troops have not violated human rights: Provided further,
That none of the funds appropriated or otherwise made
available under this heading may be used for any United
Nations peacekeeping mission that will involve United States
Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors
have submitted to the President a recommendation that such
involvement is in the national interest of the United States
and the President has submitted to Congress such a
recommendation: Provided further, That not later than May 1,
2016, and 30 days after the end of fiscal year 2016, the
Secretary of State shall report to the Committees on
Appropriations any credits available to the United States,
including those resulting from United Nations peacekeeping
missions or the United Nations Tax Equalization Fund, and
provide updated fiscal year 2016 and fiscal year 2017
assessment costs including offsets from available credits:
Provided further, That any such credits shall only be
available for United States assessed contributions to the
United Nations, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed
contribution, including any payment of arrearages: Provided
further, That any notification regarding funds appropriated
or otherwise made available under this heading in this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs submitted pursuant
to section 7015 of this Act, section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or
any operating plan submitted pursuant to section 7076 of this
Act, shall include an estimate of all known credits currently
available to the United States and provide updated assessment
costs including offsets from available credits: Provided
further, That any payment of arrearages with funds
appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall work with
the United Nations and members of the United Nations Security
Council to evaluate and prioritize peacekeeping missions, and
to consider a draw down when mission goals have been
substantially achieved: Provided further, That
notwithstanding any other provision of law, funds
appropriated or otherwise made available under this heading
shall be available for United States assessed contributions
up to the amount specified in Annex IV accompanying United
Nations General Assembly Resolution 64/220: Provided
further, That such funds may be made available above the
amount authorized in section 404(b)(2)(B) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 287e note) only if the Secretary of State determines
and reports to the appropriate congressional committees that
it is important to the national interest of the United
States.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$45,307,000.
construction
For detailed plan preparation and construction of
authorized projects, $28,400,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and the Border Environment Cooperation Commission as
authorized by the North American Free Trade Agreement
Implementation Act (Public Law 103-182), $12,330,000:
Provided, That of the amount provided under this heading for
the International Joint Commission, up to $500,000 may remain
available until September 30, 2017, and $9,000 may be made
available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $36,681,000: Provided, That the United States share of
such expenses may be advanced to the respective commissions
pursuant to section 3324 of title 31, United States Code.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants
for radio, Internet, and television broadcasting to the
Middle East, $734,087,000: Provided, That in addition to
amounts otherwise available for such purposes, up to
$31,135,000 of the amount appropriated under this heading may
remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than
$15,000,000 shall be for Internet freedom programs: Provided
further, That of the total amount appropriated under this
heading, not to exceed $35,000 may be used for representation
expenses, of which $10,000 may be used for such expenses
within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free
Europe/Radio Liberty: Provided further, That the authority
[[Page H9568]]
provided by section 504(c) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 6206 note) shall remain in effect through September
30, 2016: Provided further, That the BBG shall notify the
Committees on Appropriations within 15 days of any
determination by the Board that any of its broadcast
entities, including its grantee organizations, provides an
open platform for international terrorists or those who
support international terrorism, or is in violation of the
principles and standards set forth in subsections (a) and (b)
of section 303 of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity's
journalistic code of ethics: Provided further, That
significant modifications to BBG broadcast hours previously
justified to Congress, including changes to transmission
platforms (shortwave, medium wave, satellite, Internet, and
television), for all BBG language services shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That in addition to funds
made available under this heading, and notwithstanding any
other provision of law, up to $5,000,000 in receipts from
advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from
privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall remain available
until expended for carrying out authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television,
and digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $4,800,000, to
remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain
available until expended.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act (22 U.S.C. 4601 et seq.), $35,300,000, to remain
available until September 30, 2017, which shall not be used
for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (22
U.S.C. 2078), the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2016, to
remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2016, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by section 5376 of title 5, United States
Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations,
including the restrictions on compensation for personal
services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452), all interest and earnings accruing to the
Israeli Arab Scholarship Fund on or before September 30,
2016, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $16,700,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act (22 U.S.C. 4412), $170,000,000,
to remain available until expended, of which $117,500,000
shall be allocated in the traditional and customary manner,
including for the core institutes, and $52,500,000 shall be
for democracy programs.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $676,000, as
authorized by chapter 3123 of title 54, United States Code:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2016:
Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such
authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (22 U.S.C.
6431 et seq.), $3,500,000, to remain available until
September 30, 2017, including not more than $4,000 for
representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,579,000, including not more than $4,000 for representation
expenses, to remain available until September 30, 2017.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized
by title III of the U.S.-China Relations Act of 2000 (22
U.S.C. 6911 et seq.), $2,000,000, including not more than
$3,000 for representation expenses, to remain available until
September 30, 2017.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2017: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of
Public Law 111-117) shall continue in effect during fiscal
year 2016 and shall apply to funds appropriated under this
heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,143,614,000, of which up to $171,542,000 may remain
available until September 30, 2017: Provided, That none of
the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect
and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development (USAID), unless the USAID Administrator has
identified such proposed use of funds in a report submitted
to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds
appropriated under this heading may entail commitments for
the expenditure of such funds through the following fiscal
year: Provided further, That the authority of sections 610
and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of
those sections: Provided further, That of the funds
appropriated or made available under this heading, not to
exceed $250,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be
available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID
during the current fiscal year.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $168,300,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available subject to
the regular notification procedures of the Committees on
Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$66,000,000, of which up to $9,900,000 may remain available
until September 30, 2017, for the Office of Inspector General
of the United States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
[[Page H9569]]
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $2,833,450,000, to
remain available until September 30, 2017, and which shall be
apportioned directly to the United States Agency for
International Development (USAID): Provided, That this
amount shall be made available for training, equipment, and
technical assistance to build the capacity of public health
institutions and organizations in developing countries, and
for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; (6)
disaster preparedness training for health crises; and (7)
family planning/reproductive health: Provided further, That
funds appropriated under this paragraph may be made available
for a United States contribution to the GAVI Alliance:
Provided further, That none of the funds made available in
this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization
or program which, as determined by the President of the
United States, supports or participates in the management of
a program of coercive abortion or involuntary sterilization:
Provided further, That any determination made under the
previous proviso must be made not later than 6 months after
the date of enactment of this Act, and must be accompanied by
the evidence and criteria utilized to make the determination:
Provided further, That none of the funds made available
under this Act may be used to pay for the performance of
abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further,
That nothing in this paragraph shall be construed to alter
any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided
further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided
further, That in order to reduce reliance on abortion in
developing nations, funds shall be available only to
voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the USAID Administrator
determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on
Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for
the Department of State, foreign operations, and related
programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further,
That information provided about the use of condoms as part of
projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of
such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,670,000,000, to remain available until September 30,
2020, which shall be apportioned directly to the Department
of State: Provided, That funds appropriated under this
paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25), as amended, for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis
and Malaria (Global Fund), and shall be expended at the
minimum rate necessary to make timely payment for projects
and activities: Provided further, That the amount of such
contribution should be $1,350,000,000: Provided further,
That section 202(d)(4)(A)(i) and (vi) of Public Law 108-25,
as amended, shall be applied with respect to such funds made
available for fiscal years 2015 and 2016 by substituting
``2004'' for ``2009'': Provided further, That up to 5
percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2016 may be made available to
USAID for technical assistance related to the activities of
the Global Fund, subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this paragraph,
up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for
administrative expenses of the Office of the United States
Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of
1961, $2,780,971,000, to remain available until September 30,
2017.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $874,763,000, to remain available
until expended.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency
for International Development (USAID), pursuant to section
491 of the Foreign Assistance Act of 1961, $30,000,000, to
remain available until expended, to support transition to
democracy and long-term development of countries in crisis:
Provided, That such support may include assistance to
develop, strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the
peaceful resolution of conflict: Provided further, That the
USAID Administrator shall submit a report to the Committees
on Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the
Secretary of State determines that it is important to the
national interest of the United States to provide transition
assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That
funds made available pursuant to the previous proviso shall
be made available subject to prior consultation with the
Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 to support programs and
activities to prevent or respond to emerging or unforeseen
foreign challenges and complex crises overseas, $10,000,000,
to remain available until expended: Provided, That funds
appropriated under this heading may be made available on such
terms and conditions as are appropriate and necessary for the
purposes of preventing or responding to such challenges and
crises, except that no funds shall be made available for
lethal assistance or to respond to natural disasters:
Provided further, That funds appropriated under this heading
may be made available notwithstanding any other provision of
law, except sections 7007, 7008, and 7018 of this Act and
section 620M of the Foreign Assistance Act of 1961: Provided
further, That funds appropriated under this heading may be
used for administrative expenses, in addition to funds
otherwise made available for such purposes, except that such
expenses may not exceed 5 percent of the funds appropriated
under this heading: Provided further, That funds
appropriated under this heading shall be subject to the
regular notification procedures of the Committees on
Appropriations, except that such notifications shall be
transmitted at least 5 days prior to the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided
by the United States Agency
[[Page H9570]]
for International Development (USAID), as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961,
up to $40,000,000 may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and
under the heading ``Assistance for Europe, Eurasia and
Central Asia'': Provided, That funds provided under this
paragraph and funds provided as a gift that are used for
purposes of this paragraph pursuant to section 635(d) of the
Foreign Assistance Act of 1961 shall be made available only
for micro- and small enterprise programs, urban programs, and
other programs which further the purposes of part I of such
Act: Provided further, That such costs, including the cost
of modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That funds made
available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, and funds used for
such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the
House Committee on International Relations on May 9, 1997,
shall be applicable to direct loans and loan guarantees
provided under this heading, except that the principal amount
of loans made or guaranteed under this heading with respect
to any single country shall not exceed $300,000,000:
Provided further, That these funds are available to subsidize
total loan principal, any portion of which is to be
guaranteed, of up to $1,500,000,000.
In addition, for administrative expenses to carry out
credit programs administered by USAID, $8,120,000, which may
be transferred to, and merged with, funds made available
under the heading ``Operating Expenses'' in title II of this
Act: Provided, That funds made available under this heading
shall remain available until September 30, 2018.
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$1,896,315,000, to remain available until September 30, 2017.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, $150,500,000, to remain available until September
30, 2017, of which $88,500,000 shall be made available for
the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights and Labor, Department of State, and
$62,000,000 shall be made available for the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act
(Public Law 102-511), and the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179),
$491,119,000, to remain available until September 30, 2017,
which shall be available, notwithstanding any other provision
of law, except section 7070 of this Act, for assistance and
related programs for countries identified in section 3 of
Public Law 102-511 and section 3(c) of Public Law 101-179, in
addition to funds otherwise available for such purposes:
Provided, That funds appropriated by this Act under the
headings ``Global Health Programs'' and ``Economic Support
Fund'' that are made available for assistance for such
countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to
section 102 of Public Law 102-511 and section 601 of Public
Law 101-179: Provided further, That funds appropriated under
this heading shall be considered to be economic assistance
under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in
that Act for the use of economic assistance.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to
enable the Secretary of State to carry out the provisions of
section 2(a) and (b) of the Migration and Refugee Assistance
Act of 1962, and other activities to meet refugee and
migration needs; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1980;
allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $931,886,000, to remain
available until expended, of which not less than $35,000,000
shall be made available to respond to small-scale emergency
humanitarian requirements, and $10,000,000 shall be made
available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $50,000,000, to remain
available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501 et seq.), including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$410,000,000, of which $5,150,000 is for the Office of
Inspector General, to remain available until September 30,
2017: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may
not be derived from amounts made available for Peace Corps
overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may
be available for representation expenses, of which not to
exceed $4,000 may be made available for entertainment
expenses: Provided further, That any decision to open,
close, significantly reduce, or suspend a domestic or
overseas office or country program shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations, except that prior
consultation and regular notification procedures may be
waived when there is a substantial security risk to
volunteers or other Peace Corps personnel, pursuant to
section 7015(e) of this Act: Provided further, That none of
the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That notwithstanding
the previous proviso, section 614 of division E of Public Law
113-76 shall apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.)
(MCA), $901,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading,
up to $105,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation (the
Corporation): Provided further, That up to 5 percent of the
funds appropriated under this heading may be made available
to carry out the purposes of section 616 of the MCA for
fiscal year 2016: Provided further, That section 605(e) of
the MCA shall apply to funds appropriated under this heading:
Provided further, That funds appropriated under this heading
may be made available for a Millennium Challenge Compact
entered into pursuant to section 609 of the MCA only if such
Compact obligates, or contains a commitment to obligate
subject to the availability of funds and the mutual agreement
of the parties to the Compact to proceed, the entire amount
of the United States Government funding anticipated for the
duration of the Compact: Provided further, That the Chief
Executive Officer of the Corporation shall notify the
Committees on Appropriations not later than 15 days prior to
commencing negotiations for any country compact or threshold
country program; signing any such compact or threshold
program; or terminating or suspending any such compact or
threshold program: Provided further, That funds appropriated
under this heading by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs that are available to
implement section 609(g) of the MCA shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That no country should be
eligible for a threshold program after such country has
completed a country compact: Provided further, That any
funds that are deobligated from a Millennium Challenge
Compact shall be subject to the regular notification
procedures of the Committees on Appropriations prior to re-
obligation: Provided further, That notwithstanding section
606(a)(2) of the MCA, a country shall be a candidate country
for purposes of eligibility for assistance for the fiscal
year if the country has a per capita income equal to or below
the World Bank's lower middle income country threshold for
the fiscal year and is among the 75 lowest per capita income
countries as identified by the World Bank; and the country
meets the requirements of section 606(a)(1)(B) of the MCA:
Provided further, That notwithstanding section 606(b)(1) of
the MCA, in addition to countries described in the preceding
proviso, a country shall be a candidate country for purposes
of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World
Bank's lower middle income country threshold for the fiscal
year and is not among the 75 lowest per capita income
countries as identified by the World Bank; and the country
meets the requirements of section 606(a)(1)(B) of the MCA:
Provided further, That any Millennium Challenge Corporation
candidate country under section 606 of the MCA with a per
capita income that changes in the fiscal year such that the
country would be reclassified from a low income country to a
lower middle income country or from a lower middle income
country to a low income country shall retain its candidacy
status in its former income classification for the fiscal
year and the 2 subsequent fiscal years: Provided further,
That publication in the Federal Register of a notice of
availability of a copy of a Compact on the Millennium
Challenge Corporation Web site shall be deemed to satisfy the
requirements of section 610(b)(2) of the MCA for such
Compact: Provided further, That none of the funds made
available by this Act or prior Acts making
[[Page H9571]]
appropriations for the Department of State, foreign
operations, and related programs shall be available for a
threshold program in a country that is not currently a
candidate country: Provided further, That the Comptroller
General of the United States shall provide to the appropriate
congressional committees a review of authorities that may
allow the Millennium Challenge Corporation to obligate funds
that are unobligated from prior fiscal years for compacts in
countries that are not eligible for a compact in the current
fiscal year: Provided further, That such review shall
include an assessment as set forth in the explanatory
statement described in section 4 (in the matter preceding
division A of this Consolidated Act): Provided further, That
funds appropriated under this heading shall be used on a
reimbursable basis for such review: Provided further, That
of the funds appropriated under this heading, not to exceed
$100,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be
available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$22,500,000, to remain available until September 30, 2017:
Provided, That of the funds appropriated under this heading,
not to exceed $2,000 may be available for representation
expenses.
united states african development foundation
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of
1980 (Public Law 96-533), $30,000,000, to remain available
until September 30, 2017, of which not to exceed $2,000 may
be available for representation expenses: Provided, That
funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board
of Directors of the United States African Development
Foundation (USADF): Provided further, That interest earned
shall be used only for the purposes for which the grant was
made: Provided further, That notwithstanding section
505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section
with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely
to foreign currency fluctuation: Provided further, That the
USADF shall submit a report to the Committees on
Appropriations after each time such waiver authority is
exercised: Provided further, That the USADF may make rent or
lease payments in advance from appropriations available for
such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions:
Provided further, That the USADF may maintain bank accounts
outside the United States Treasury and retain any interest
earned on such accounts, in furtherance of the purposes of
the African Foundation Development Act: Provided further,
That the USADF may not withdraw any appropriation from the
Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$23,500,000, to remain available until September 30, 2018,
which shall be available notwithstanding any other provision
of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $894,821,000, to remain
available until September 30, 2017: Provided, That the
provision of assistance by any other United States Government
department or agency which is comparable to assistance that
may be made available under this heading, but which is
provided under any other provision of law, should be provided
only with the concurrence of the Secretary of State and in
accordance with the provisions of sections 481(b) and 622(c)
of the Foreign Assistance Act of 1961: Provided further,
That the Department of State may use the authority of section
608 of the Foreign Assistance Act of 1961, without regard to
its restrictions, to receive excess property from an agency
of the United States Government for the purpose of providing
such property to a foreign country or international
organization under chapter 8 of part I of that Act, subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated
under this heading shall be made available to support
training and technical assistance for foreign law
enforcement, corrections, and other judicial authorities,
utilizing regional partners: Provided further, That not less
than $54,975,000 of the funds appropriated under this heading
shall be transferred to, and merged with, funds appropriated
by this Act under the heading ``Assistance for Europe,
Eurasia and Central Asia'', which shall be available for the
same purposes as funds appropriated under this heading:
Provided further, That funds made available under this
heading that are transferred to another department, agency,
or instrumentality of the United States Government pursuant
to section 632(b) of the Foreign Assistance Act of 1961
valued in excess of $5,000,000, and any agreement made
pursuant to section 632(a) of such Act, shall be subject to
the regular notification procedures of the Committees on
Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$506,381,000, to remain available until September 30, 2017,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961,
section 504 of the FREEDOM Support Act, section 23 of the
Arms Export Control Act, or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That
the Secretary of State shall inform the appropriate
congressional committees of information regarding any
separate arrangements relating to the ``Road-map for the
Clarification of Past and Present Outstanding Issues
Regarding Iran's Nuclear Program'' between the IAEA and the
Islamic Republic of Iran, in classified form if necessary, if
such information becomes known to the Department of State:
Provided further, That for the clearance of unexploded
ordnance, the Secretary of State should prioritize those
areas where such ordnance was caused by the United States:
Provided further, That funds made available under this
heading for the Nonproliferation and Disarmament Fund shall
be available notwithstanding any other provision of law and
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
to promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and
shall remain available until expended: Provided further,
That such funds may also be used for such countries other
than the Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be
made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to
participate in the activities of that Agency: Provided
further, That funds made available under this heading for the
Counterterrorism Partnerships Fund shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available
for conventional weapons destruction programs, including
demining and related activities, in addition to funds
otherwise available for such purposes, may be used for
administrative expenses related to the operation and
management of such programs and activities, subject to the
regular notification procedures of the Committees on
Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$131,361,000: Provided, That funds appropriated under this
heading may be used, notwithstanding section 660 of such Act,
to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate
in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than
$35,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission
in the Sinai: Provided further, That none of the funds
appropriated under this heading shall be obligated except as
provided through the regular notification procedures of the
Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$108,115,000, of which up to $4,000,000 may remain available
until September 30, 2017: Provided, That the civilian
personnel for whom military education and training may be
provided under this heading may include civilians who are not
members of a government whose participation would contribute
to improved civil-military relations, civilian control of the
military, or respect for human rights: Provided further,
That of the funds appropriated under this heading, not to
exceed $55,000 may be available for entertainment expenses.
[[Page H9572]]
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,737,522,000: Provided, That to expedite the
provision of assistance to foreign countries and
international organizations, the Secretary of State,
following consultation with the Committees on Appropriations
and subject to the regular notification procedures of such
Committees, may use the funds appropriated under this heading
to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That
of the funds appropriated under this heading, not less than
$3,100,000,000 shall be available for grants only for Israel,
and funds are available for assistance for Jordan and Egypt
subject to section 7041 of this Act: Provided further, That
the funds appropriated under this heading for assistance for
Israel shall be disbursed within 30 days of enactment of this
Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading
shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less
than $815,300,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That none of the
funds made available under this heading shall be made
available to support or continue any program initially funded
under the authority of section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
119 Stat. 3456), or section 2282 of title 10, United States
Code, unless the Secretary of State, in coordination with the
Secretary of Defense, has justified such program to the
Committees on Appropriations: Provided further, That funds
appropriated or otherwise made available under this heading
shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further,
That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph
(5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurement has first signed an agreement with the
United States Government specifying the conditions under
which such procurement may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented
through nongovernmental and international organizations:
Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize
funds made available under this heading for procurement of
defense articles, defense services, or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That
not more than $75,000,000 of the funds appropriated under
this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for
the general costs of administering military assistance and
sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees
on Appropriations: Provided further, That of the funds made
available under this heading for general costs of
administering military assistance and sales, not to exceed
$4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses:
Provided further, That not more than $904,000,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2016 pursuant to
section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $339,000,000, of which up to
$10,000,000 may be made available for the Intergovernmental
Panel on Climate Change/United Nations Framework Convention
on Climate Change: Provided, That section 307(a) of the
Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction
and Development as trustee for the Global Environment
Facility by the Secretary of the Treasury, $168,263,000, to
remain available until expended.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,197,128,000, to remain
available until expended.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction
and Development by the Secretary of the Treasury for the
United States share of the paid-in portion of the increases
in capital stock, $186,957,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of increases in capital stock in an amount not
to exceed $2,928,990,899.
contribution to the clean technology fund
For payment to the International Bank for Reconstruction
and Development as trustee for the Clean Technology Fund by
the Secretary of the Treasury, $170,680,000, to remain
available until expended.
contribution to the strategic climate fund
For payment to the International Bank for Reconstruction
and Development as trustee for the Strategic Climate Fund by
the Secretary of the Treasury, $49,900,000, to remain
available until expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock,
$102,020,448, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American
Development Bank may subscribe without fiscal year limitation
to the callable capital portion of the United States share of
such capital stock in an amount not to exceed $4,098,794,833.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary
of the Treasury for the United States share of the paid-in
portion of increase in capital stock, $5,608,435, to remain
available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian
Development Fund by the Secretary of the Treasury,
$104,977,000, to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock,
$34,118,027, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $175,668,000, to remain available
until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $31,930,000, to
remain available until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security
Program by the Secretary of the Treasury, $43,000,000, to
remain available until expended.
contribution to the north american development bank
For payment to the North American Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock,
$10,000,000, to remain available until expended.
limitation on callable capital subscriptions
The Secretary of the Treasury may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$255,000,000.
[[Page H9573]]
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $6,000,000, to remain available until
September 30, 2017.
program account
The Export-Import Bank (the Bank) of the United States is
authorized to make such expenditures within the limits of
funds and borrowing authority available to such corporation,
and in accordance with law, and to make such 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 program for the
current fiscal year for such corporation: Provided, That
none of the funds available during the current fiscal year
may be used to make expenditures, contracts, or commitments
for the export of nuclear equipment, fuel, or technology to
any country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
Weapons eligible to receive economic or military assistance
under this Act, that has detonated a nuclear explosive after
the date of the enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to
exceed $30,000 for official reception and representation
expenses for members of the Board of Directors, not to exceed
$106,250,000: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical
services in connection with any transaction for which an
application for a loan, guarantee or insurance commitment has
been made: Provided further, That the Bank shall charge fees
for necessary expenses (including special services performed
on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed
the Bank, repossession or sale of pledged collateral or other
assets acquired by the Bank in satisfaction of moneys owed
the Bank, or the investigation or appraisal of any property,
or the evaluation of the legal, financial, or technical
aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, or
systems infrastructure directly supporting transactions:
Provided further, That in addition to other funds
appropriated for administrative expenses, such fees shall be
credited to this account for such purposes, to remain
available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of
1990, as amended, in an amount not to exceed the amount
appropriated herein, shall be credited as offsetting
collections to this account: Provided, That the sums herein
appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as
to result in a final fiscal year appropriation from the
General Fund estimated at $0: Provided further, That amounts
collected in fiscal year 2016 in excess of obligations, up to
$10,000,000 shall become available on September 1, 2016, and
shall remain available until September 30, 2019.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code,
such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be
necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $62,787,000: Provided further, That project-
specific transaction costs, including direct and indirect
costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or
potential investors pursuant to section 234 of the Foreign
Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $20,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Noncredit Account: 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 sums shall be available
for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2016, 2017, and 2018:
Provided further, That funds so obligated in fiscal year 2016
remain available for disbursement through 2024; funds
obligated in fiscal year 2017 remain available for
disbursement through 2025; and funds obligated in fiscal year
2018 remain available for disbursement through 2026:
Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is
authorized to undertake any program authorized by title IV of
chapter 2 of part I of the Foreign Assistance Act of 1961 in
Iraq: Provided further, That funds made available pursuant
to the authority of the previous proviso shall be subject to
the regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$60,000,000, to remain available until September 30, 2017:
Provided, That of the amounts made available under this
heading, up to $2,500,000 may be made available to provide
comprehensive procurement advice to foreign governments to
support local procurements funded by the United States Agency
for International Development, the Millennium Challenge
Corporation, and the Department of State: Provided further,
That of the funds appropriated under this heading, not more
than $5,000 may be available for representation and
entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United States Code; for services as authorized by
section 3109 of such title and for hire of passenger
transportation pursuant to section 1343(b) of title 31,
United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative
unobligated balances and obligated, but unexpended, balances
by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in
fiscal year 2016 or any previous fiscal year, disaggregated
by fiscal year: Provided, That the report required by this
section should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not
been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under
title I of 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.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing.--Of funds
provided under title I of this Act, except as provided in
subsection (b), a project to construct a diplomatic facility
of the United States may not include office space or other
accommodations for an employee of a Federal agency or
department if the Secretary of State determines that such
department or agency has not provided to the Department of
State the full amount of funding required by subsection (e)
of section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G
of that Act; 113 Stat. 1501A-453), as amended by section 629
of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2005.
(b) Exception.--Notwithstanding the prohibition in
subsection (a), a project to construct a diplomatic facility
of the United States may include office space or other
accommodations for members of the United States Marine Corps.
(c) New Diplomatic Facilities.--For the purposes of
calculating the fiscal year 2016 costs of providing new
United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the
Secretary of State, in consultation with the Director of the
Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is
proportional to the Department of State's contribution for
this purpose.
(d) Consultation and Notification Requirements.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs, which may be made available for the acquisition of
property or award of construction contracts for overseas
diplomatic facilities during fiscal year 2016, shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection
shall include the information enumerated under the heading
``Embassy Security, Construction, and Maintenance'' in
[[Page H9574]]
House Report 114-154: Provided further, That any such
notification for a new diplomatic facility justified to the
Committees on Appropriations in Appendix 1 of the
Congressional Budget Justification, Department of State,
Diplomatic Engagement, Fiscal Year 2016, or not previously
justified to such Committees, shall also include confirmation
that the Department of State has completed the requisite
value engineering studies required pursuant to OMB Circular
A-131, Value Engineering December 31, 2013 and the Bureau of
Overseas Building Operations Policy and Procedure Directive,
P&PD, Cost 02: Value Engineering.
(e) Reports.--
(1) None of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'' in this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs, made
available through Federal agency Capital Security Cost
Sharing contributions and reimbursements, or generated from
the proceeds of real property sales, other than from real
property sales located in London, United Kingdom, may be made
available for site acquisition and mitigation, planning,
design, or construction of the New London Embassy: Provided,
That the reporting requirement contained in section
7004(f)(2) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2012 (division I of
Public Law 112-74) shall remain in effect during fiscal year
2016.
(2) Within 45 days of enactment of this Act and every 4
months thereafter until September 30, 2016, the Secretary of
State shall submit to the Committees on Appropriations a
report on the new Mexico City Embassy and Beirut Embassy
projects: Provided, That such report shall include, for each
of the projects--
(A) cost projections;
(B) cost containment efforts;
(C) project schedule and actual project status;
(D) the impact of currency exchange rate fluctuations on
project costs;
(E) revenues derived from, or estimated to be derived from,
real property sales in Mexico City, Mexico for the embassy
project in Mexico City and in Beirut, Lebanon for the embassy
project in Beirut; and
(F) options for modifying the scope of the project in the
event that costs escalate above amounts justified to the
Committees on Appropriations in Appendix 1 of the
Congressional Budget Justification, Department of State
Operations, Fiscal Year 2015 for the Mexico City Embassy
project, and in Appendix 1 of the Congressional Budget
Justification, Department of State, Diplomatic Engagement,
Fiscal Year 2016 for the Beirut Embassy project.
(f) Interim and Temporary Facilities Abroad.--
(1) Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be
made available to address security vulnerabilities at interim
and temporary facilities abroad, including physical security
upgrades and local guard staffing, except that the amount of
funds made available for such purposes from this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be a minimum
of $25,000,000: Provided, That the uses of such funds should
be the responsibility of the Assistant Secretary of State for
the Bureau of Diplomatic Security and Foreign Missions, in
consultation with the Director of the Bureau of Overseas
Buildings Operations: Provided further, That such funds
shall be subject to prior consultation with the Committees on
Appropriations.
(2) Notwithstanding any other provision of law, the
opening, closure, or any significant modification to an
interim or temporary diplomatic facility shall be subject to
prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations, except that such consultation
and notification may be waived if there is a security risk to
personnel.
(3) Not later than 60 days after enactment of this Act, the
Department of State shall document standard operating
procedures and best practices associated with the delivery,
construction, and protection of temporary structures in high
threat and conflict environments: Provided, That the
Secretary of State shall inform the Committees on
Appropriations after completing such documentation.
(g) Transfer Authority.--Funds appropriated under the
heading ``Diplomatic and Consular Programs'', including for
Worldwide Security Protection, and under the heading
``Embassy Security, Construction, and Maintenance'' in titles
I and VIII of this Act may be transferred to, and merged
with, funds appropriated by such titles under such headings
if the Secretary of State determines and reports to the
Committees on Appropriations that to do so is necessary to
implement the recommendations of the Benghazi Accountability
Review Board, or to prevent or respond to security situations
and requirements, following consultation with, and subject to
the regular notification procedures of, such Committees:
Provided, That such transfer authority is in addition to any
transfer authority otherwise available under any other
provision of law.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary
resources available under title I 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 7015 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
local guard contracts
Sec. 7006. In evaluating proposals for local guard
contracts, the Secretary of State shall award contracts in
accordance with section 136 of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C.
4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined
by a cost-technical tradeoff analysis (as described in
Federal Acquisition Regulation part 15.101), notwithstanding
subsection (c)(3) of such section: Provided, That the
authority in this section shall apply to any options for
renewal that may be exercised under such contracts that are
awarded during the current fiscal year: Provided further,
That the Secretary shall notify the appropriate congressional
committees at least 15 days prior to making an award pursuant
to this section for a local guard and protective service
contract for a United States diplomatic facility not deemed
``high-risk, high-threat''.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans, credits, insurance, and guarantees of
the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly
elected head of government is deposed by military coup d'etat
or decree or, after the date of enactment of this Act, a coup
d'etat or decree in which the military plays a decisive role:
Provided, That assistance may be resumed to such government
if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the
termination of assistance a democratically elected government
has taken office: Provided further, That the provisions of
this section shall not apply to assistance to promote
democratic elections or public participation in democratic
processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on
Appropriations.
transfer authority
Sec. 7009. (a) Department of State and Broadcasting Board
of Governors.--
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between,
and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such
transfers, and no such transfer may be made to increase the
appropriation under the heading ``Representation Expenses''.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting
Board of Governors under title I of this Act may be
transferred between, and merged with, such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers.
(3) Any transfer pursuant to this subsection shall be
treated as a reprogramming of funds under section 7015 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
(b) Title VI Transfer Authorities.--Not to exceed 5 percent
of any appropriation other than for administrative expenses
made available for fiscal year 2016, for programs under title
VI of this Act may be transferred between such appropriations
for use for any of the purposes, programs, and activities for
which the funds in such receiving account may be used, but no
such appropriation, except as otherwise specifically
provided, shall be increased by more than 25 percent by any
such transfer: Provided, That the exercise of such authority
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II
through V 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.
[[Page H9575]]
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or
transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of
the Foreign Assistance Act of 1961.
(3) Any agreement entered into by the United States Agency
for International Development (USAID) or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such
Act, with funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the headings ``Global
Health Programs'', ``Development Assistance'', ``Economic
Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided,
That the requirement in the previous sentence shall not apply
to agreements entered into between USAID and the Department
of State.
(d) Transfers Between Accounts.--None of the funds made
available under titles II through V of this Act may be
obligated under an appropriation account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than
5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to
the Committees on Appropriations.
(e) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the Department of State or
USAID and another agency of the United States Government
under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law,
shall expressly provide that the Inspector General (IG) for
the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the
receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and
report to the Department of State or USAID, as appropriate,
upon completion of such audits: Provided, That such audits
shall be transmitted to the Committees on Appropriations by
the Department of State or USAID, as appropriate: Provided
further, That funds transferred under such authority may be
made available for the cost of such audits.
(f) Report.--Not later than 90 days after enactment of this
Act, the Secretary of State and the USAID Administrator shall
each submit a report to the Committees on Appropriations
detailing all transfers to another agency of the United
States Government made pursuant to sections 632(a) and 632(b)
of the Foreign Assistance Act of 1961 with funds provided in
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235) as of the date of enactment of this Act: Provided,
That such reports shall include a list of each transfer made
pursuant to such sections with the respective funding level,
appropriation account, and the receiving agency.
prohibition on first-class travel
Sec. 7010. None of the funds made available in this Act
may be used for first-class travel by 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.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided in this Act: Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 661,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the headings ``Development
Credit Authority'' and ``Assistance for Europe, Eurasia and
Central Asia'' shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods
of availability contained in this Act: Provided further,
That notwithstanding any other provision of this Act, any
funds made available for the purposes of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of
1961 which are allocated or obligated for cash disbursements
in order to address balance of payments or economic policy
reform objectives, shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their
respective periods of availability contained in this Act:
Provided further, That the Secretary of State shall provide a
report to the Committees on Appropriations not later than
October 30, 2016, detailing by account and source year, the
use of this authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of 1 calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultations with the Committees on Appropriations, that
assistance for such country is in the national interest of
the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided
unless such agreement includes a provision stating that
assistance provided by the United States shall be exempt from
taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to
conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2016 on funds appropriated by this Act by a foreign
government or entity against United States assistance
programs for which funds are appropriated by this Act, either
directly or through grantees, contractors, and subcontractors
shall be withheld from obligation from funds appropriated for
assistance for fiscal year 2017 and allocated for the central
government of such country and for the West Bank and Gaza
program to the extent that the Secretary of State certifies
and reports in writing to the Committees on Appropriations,
not later than September 30, 2017, that such taxes have not
been reimbursed to the Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance for countries which do not
assess taxes on United States assistance or which have an
effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity if the Secretary of State reports to the
Committees on Appropriations that--
(A) such country or entity does not assess taxes on United
States assistance or has an effective arrangement that is
providing substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to
any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement;
and
(2) the term ``taxes and taxation'' shall include value
added taxes and customs duties but shall not include
individual income taxes assessed to local staff.
(h) Report.--The Secretary of State, in consultation with
the heads of other relevant departments or agencies, shall
submit a report to the Committees on Appropriations, not
later than 90 days after the enactment of this Act, detailing
steps taken by such departments or agencies to comply with
the requirements of this section.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under
titles III through VI of this Act which are specifically
designated may be reprogrammed for other programs within the
same account notwithstanding the designation if compliance
with the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) Extension of Availability.--In addition to the
authority contained in subsection
[[Page H9576]]
(a), the original period of availability of funds
appropriated by this Act and administered by the Department
of State or the United States Agency for International
Development (USAID) that are specifically designated for
particular programs or activities by this or any other Act
may be extended for an additional fiscal year if the
Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds
can be obligated during the original period of availability:
Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated
funding levels contained in this Act shall not be applicable
to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically
so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other
Act shall not be applicable to funds appropriated by this
Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs,
Projects, and Activities.--None of the funds made available
in titles I and II of this Act, or in prior appropriations
Acts to the agencies and departments funded by this Act that
remain available for obligation in fiscal year 2016, or
provided from any accounts in the Treasury of the United
States derived by the collection of fees or of currency
reflows or other offsetting collections, or made available by
transfer, to the agencies and departments funded by this Act,
shall be available for obligation to--
(1) create new programs;
(2) eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, or rename bureaus, centers,
or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on
Appropriations or such Committees are notified 15 days in
advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the
funds provided under titles I and II of this Act, or provided
under previous appropriations Acts to the agency or
department funded under titles I and II of this Act that
remain available for obligation 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
agency or department funded under title I of this Act, shall
be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made
available by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``International
Organizations and Programs'', ``Trade and Development
Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Peacekeeping Operations'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium
Challenge Corporation'', ``Foreign Military Financing
Program'', ``International Military Education and Training'',
and ``Peace Corps'', shall be available for obligation for
activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of
the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the
Committees on Appropriations are notified 15 days in advance:
Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section
23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or
other major defense items defined to be aircraft, ships,
missiles, or combat vehicles, not previously justified to
Congress or 20 percent in excess of the quantities justified
to Congress unless the Committees on Appropriations are
notified 15 days in advance of such commitment: Provided
further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any
reprogramming for an activity, program, or project for which
funds are appropriated under titles III through VI of this
Act of less than 10 percent of the amount previously
justified to Congress for obligation for such activity,
program, or project for the current fiscal year: Provided
further, That any notification submitted pursuant to
subsection (f) of this section shall include information (if
known on the date of transmittal of such notification) on the
use of notwithstanding authority: Provided further, That if
subsequent to the notification of assistance it becomes
necessary to rely on notwithstanding authority, the
Committees on Appropriations should be informed at the
earliest opportunity and to the extent practicable.
(d) Notification of Transfer of Funds.--Notwithstanding any
other provision of law, with the exception of funds
transferred to, and merged with, funds appropriated under
title I of this Act, funds transferred by the Department of
Defense to the Department of State and the United States
Agency for International Development for assistance for
foreign countries and international organizations, and funds
made available for programs previously authorized under
section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163) or section 2282 of
title 10, United States Code, shall be subject to the regular
notification procedures of the Committees on Appropriations.
(e) Waiver.--The requirements of this section or any
similar provision of this Act or any other Act, including any
prior Act requiring notification in accordance with the
regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided,
That in case of any such waiver, notification to the
Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking
the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be
obligated or expended for assistance for Afghanistan,
Bahrain, Bolivia, Burma, Cambodia, Colombia, Cuba, Ecuador,
Egypt, El Salvador, Ethiopia, Guatemala, Haiti, Honduras,
Iran, Iraq, Lebanon, Libya, Mexico, Pakistan, the Russian
Federation, Somalia, South Sudan, Sri Lanka, Sudan, Syria,
Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided
through the regular notification procedures of the Committees
on Appropriations.
(g) Withholding of Funds.--Funds appropriated by this Act
under titles III and IV that are withheld from obligation or
otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification
procedures of the Committees on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall
notify the Committees on Appropriations to the same extent
and under the same conditions as other committees pursuant to
subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense
shall notify the Committees on Appropriations in accordance
with the regular notification procedures of such Committees
if such defense articles are significant military equipment
(as defined in section 47(9) of the Arms Export Control Act)
or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific
countries that would receive such excess defense articles:
Provided further, That such Committees shall also be informed
of the original acquisition cost of such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under
titles I and III through V of this Act, which are returned or
not made available for organizations and programs because of
the implementation of section 307(a) of the Foreign
Assistance Act of 1961 or section 7048(a) of this Act, shall
remain available for obligation until September 30, 2018:
Provided, That the requirement to withhold funds for programs
in Burma under section 307(a) of the Foreign Assistance Act
of 1961 shall not apply to funds appropriated by this Act.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign
[[Page H9577]]
Assistance Act of 1961, as amended, may be obligated or
expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions
related to abortions and involuntary sterilizations.
allocations
Sec. 7019. (a) Allocation Tables.--Subject to subsection
(b), funds appropriated by this Act under titles III through
V shall be made available in the amounts specifically
designated in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act): Provided,
That such designated amounts for foreign countries and
international organizations shall serve as the amounts for
such countries and international organizations transmitted to
the Congress in the report required by section 653(a) of the
Foreign Assistance Act of 1961 (FAA).
(b) Authorized Deviations.--Unless otherwise provided for
by this Act, the Secretary of State and the Administrator of
the United States Agency for International Development, as
applicable, may only deviate up to 5 percent from the amounts
specifically designated in the respective tables included in
the explanatory statement described in section 4 (in the
matter preceding division A of this Consolidated Act):
Provided, That such percentage may be exceeded only to
respond to significant, exigent, or unforeseen events, or to
address other exceptional circumstances directly related to
the national interest: Provided further, That deviations
pursuant to the previous proviso shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that
are included, pursuant to subsection (a), in the report
required by section 653(a) of the FAA, no deviations
authorized by subsection (b) may take place until submission
of such report.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department,
agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies
funded in titles III or VI of this Act, shall take steps to
ensure that domestic and overseas representation and
entertainment expenses further official agency business and
United States foreign policy interests--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or
otherwise made available by this Act under the headings
``International Military Education and Training'' or
``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available by titles III through VI of this Act
may be made available to any foreign government which
provides lethal military equipment to a country the
government of which the Secretary of State has determined
supports international terrorism for purposes of section 6(j)
of the Export Administration Act of 1979 as continued in
effect pursuant to the International Emergency Economic
Powers Act: Provided, That the prohibition under this
section with respect to a foreign government shall terminate
12 months after that government ceases to provide such
military equipment: Provided further, That this section
applies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if
the President determines that to do so is important to the
national interests of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed
explanation of the assistance to be provided, the estimated
dollar amount of such assistance, and an explanation of how
the assistance furthers United States national interests.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, shall not be made available
to any foreign government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act.
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672, section 15 of the State
Department Basic Authorities Act of 1956, section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'' and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; and for the development assistance accounts of the
United States Agency for International Development,
``program, project, and activity'' shall also be considered
to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited,
the agency shall consult with the Committees on
Appropriations and report to such Committees within 15 days
of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act for direct assistance and none of the funds
otherwise made available to the Export-Import Bank and the
Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance, or any other
financial commitments for establishing or expanding
production of any commodity for export by any country other
than the United States, if the commodity is likely to be in
surplus on world markets at the time the resulting productive
capacity is expected to become operative and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or
training in connection with the growth or production in a
foreign country of an agricultural commodity for export which
would compete with a similar commodity grown or produced in
[[Page H9578]]
the United States: Provided, That this subsection shall not
prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(c) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of the international financial institutions, as
defined in section 7034(r)(3) of this Act, to use the voice
and vote of the United States to oppose any assistance by
such institutions, using funds appropriated or made available
by this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury
to United States producers of the same, similar, or competing
commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 under agreements which result in the generation of
local currencies of that country, the Administrator of the
United States Agency for International Development (USAID)
shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case
may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
(as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the United
States Government.
(5) Reporting requirement.--The USAID Administrator shall
report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations on
the use of local currencies for the administrative
requirements of the United States Government as authorized in
subsection (a)(2)(B), and such report shall include the
amount of local currency (and United States dollar
equivalent) used or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular
notification procedures, including a description of the
program to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2016, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Food for Peace Act (Public Law 83-480): Provided,
That none of the funds appropriated to carry out title I of
such Act and made available pursuant to this subsection may
be obligated or expended except as provided through the
regular notification procedures of the Committees on
Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition
for Local Entities.--Funds appropriated by this Act that are
made available to the United States Agency for International
Development (USAID) may only be made available for limited
competitions through local entities if--
(1) prior to the determination to limit competition to
local entities, USAID has--
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included in such
competition; and
(B) documented the written results of the assessment and
decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined to be
responsible in accordance with USAID guidelines; and
(B) effective monitoring and evaluation systems are in
place to ensure that award funding is used for its intended
purposes; and
(3) no level of acceptable fraud is assumed.
(b) Reporting Requirement.--In addition to the requirements
of subsection (a)(1), the USAID Administrator shall report,
on an annual basis, to the appropriate congressional
committees on all awards subject to limited or no competition
for local entities: Provided, That such report should be
posted on the USAID Web site: Provided further, That the
requirements of this subsection shall only apply to awards in
excess of $3,000,000 and sole source awards to local entities
in excess of $2,000,000.
(c) Extension of Procurement Authority.--Section 7077 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74) shall continue in effect during fiscal year 2016, as
amended by the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2014 (division K of
Public Law 113-76).
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to seek
to require that such institution adopts and implements a
publicly available policy, including the strategic use of
peer reviews and external experts, to conduct independent,
in-depth evaluations of the effectiveness of at least 25
percent of all loans, grants, programs, and significant
analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting
equitable economic growth, consistent with relevant
safeguards, to ensure that decisions to support such loans,
grants, programs, and activities are based on accurate data
and objective analysis: Provided, That not later
[[Page H9579]]
than 180 days after enactment of this Act, the Secretary
shall submit a report to the Committees on Appropriations on
steps taken by the United States executive directors and the
international financial institutions consistent with this
subsection.
(b) Safeguards.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Bank for Reconstruction and Development and the
International Development Association to vote against any
loan, grant, policy, or strategy if such institution has
adopted and is implementing any social or environmental
safeguard relevant to such loan, grant, policy, or strategy
that provides less protection than World Bank safeguards in
effect on September 30, 2015.
(c) Compensation.--None of the funds appropriated under
title V of this Act may be made as payment to any
international financial institution while the United States
executive director to such institution is compensated by the
institution at a rate which, together with whatever
compensation such executive director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States executive director to such
institution is compensated by the institution at a rate in
excess of the rate provided for an individual occupying a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to seek to require that
such institution conducts rigorous human rights due diligence
and risk management, as appropriate, in connection with any
loan, grant, policy, or strategy of such institution:
Provided, That prior to voting on any such loan, grant,
policy, or strategy the executive director shall consult with
the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, if the executive director has
reason to believe that such loan, grant, policy, or strategy
could result in forced displacement or other violation of
human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to promote in loan,
grant, and other financing agreements improvements in
borrowing countries' financial management and judicial
capacity to investigate, prosecute, and punish fraud and
corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to seek to
require that such institution collects, verifies, and
publishes, to the maximum extent practicable, beneficial
ownership information (excluding proprietary information) for
any corporation or limited liability company, other than a
publicly listed company, that receives funds appropriated by
this Act that are provided as payment to such institution:
Provided, That not later than 180 days after enactment of
this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken by the United
States executive directors and the international financial
institutions consistent with this subsection.
(g) Whistleblower Protections.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to seek to
require that each such institution is effectively
implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers
from retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
debt-for-development
Sec. 7030. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-
Government Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A)(i) each implementing agency or ministry to receive
assistance has been assessed and is considered to have the
systems required to manage such assistance and any identified
vulnerabilities or weaknesses of such agency or ministry have
been addressed;
(ii) the recipient agency or ministry employs and utilizes
staff with the necessary technical, financial, and management
capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are in
place to ensure that such assistance is used for its intended
purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is taking
steps to publicly disclose on an annual basis its national
budget, to include income and expenditures;
(B) the recipient government is in compliance with the
principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed or
controlled by an organization designated as a foreign
terrorist organization under section 219 of the Immigration
and Nationality Act;
(D) the Government of the United States and the government
of the recipient country have agreed, in writing, on clear
and achievable objectives for the use of such assistance,
which should be made available on a cost-reimbursable basis;
and
(E) the recipient government is taking steps to protect the
rights of civil society, including freedoms of expression,
association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available
for direct government-to-government assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall
contain an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000
and all funds available for cash transfer, budget support,
and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development (USAID) or
the Secretary of State, as appropriate, shall suspend any
direct government-to-government assistance if the
Administrator or the Secretary has credible information of
material misuse of such assistance, unless the Administrator
or the Secretary reports to the Committees on Appropriations
that it is in the national interest of the United States to
continue such assistance, including a justification, or that
such misuse has been appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2017 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Report.--Not later than 90 days after the enactment of
this Act and 6 months thereafter until September 30, 2016,
the USAID Administrator shall submit to the Committees on
Appropriations a report that--
(A) details all assistance described in paragraph (1)
provided during the previous 6-month period by country,
funding amount, source of funds, and type of such assistance;
and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) Debt service payment prohibition.--None of the funds
made available by this Act may be used for any foreign
country for debt service payments owed by any country to any
international financial institution: Provided, That for
purposes of this paragraph, the term ``international
financial institution'' has the meaning given the term in
section 7034(r)(3) of this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen
the ``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget documentation (to include
receipts and expenditures by ministry) and government
contracts and licenses for natural resource extraction (to
include bidding and concession allocation practices).
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall
make or update any determination of ``significant progress''
or ``no significant progress'' in meeting the minimum
requirements of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State
Web site: Provided, That the Secretary shall identify the
significant progress made by each such government to publicly
disclose national budget documentation, contracts, and
licenses which are
[[Page H9580]]
additional to such information disclosed in previous fiscal
years, and include specific recommendations of short- and
long-term steps such government should take to improve fiscal
transparency: Provided further, That the annual report shall
include a detailed description of how funds appropriated by
this Act are being used to improve fiscal transparency, and
identify benchmarks for measuring progress.
(4) Assistance.--Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition
to funds otherwise made available for such purposes:
Provided further, That a description of the uses of such
funds shall be included in the annual ``Fiscal Transparency
Report'' required by paragraph (3).
(c) Anti-Kleptocracy and Human Rights.--
(1)(A) Ineligibility.--Officials of foreign governments and
their immediate family members about whom the Secretary of
State has credible information have been involved in
significant corruption, including corruption related to the
extraction of natural resources, or a gross violation of
human rights shall be ineligible for entry into the United
States.
(B) The Secretary may also publicly or privately designate
or identify officials of foreign governments and their
immediate family members about whom the Secretary has such
credible information without regard to whether the individual
has applied for a visa.
(2) Exception.--Individuals shall not be ineligible if
entry into the United States would further important United
States law enforcement objectives or is necessary to permit
the United States to fulfill its obligations under the United
Nations Headquarters Agreement: Provided, That nothing in
paragraph (1) shall be construed to derogate from United
States Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver
would serve a compelling national interest or that the
circumstances which caused the individual to be ineligible
have changed sufficiently.
(4) Report.--Not later than 6 months after enactment of
this Act, the Secretary of State shall submit a report,
including a classified annex if necessary, to the Committees
on Appropriations and the Committees on the Judiciary
describing the information related to corruption or violation
of human rights concerning each of the individuals found
ineligible in the previous 12 months pursuant to paragraph
(1)(A) as well as the individuals who the Secretary
designated or identified pursuant to paragraph (1)(B), or who
would be ineligible but for the application of paragraph (2),
a list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State Web site.
(6) Clarification.--For purposes of paragraphs (1)(B), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States
pertaining to the issuance or refusal of visas or permits to
enter the United States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2052) and to prevent the sale
of conflict diamonds, and provide technical assistance to
promote independent audit mechanisms and support civil
society participation in natural resource management.
(2) United states policy.--
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions, and
post on the Department of the Treasury Web site, that it is
the policy of the United States to vote against any
assistance by such institutions (including any loan, credit,
grant, or guarantee) to any country for the extraction and
export of a natural resource if the government of such
country has in place laws, regulations, or procedures to
prevent or limit the public disclosure of company payments as
required by United States law, and unless such government has
adopted laws, regulations, or procedures in the sector in
which assistance is being considered for--
(i) accurately accounting for and public disclosure of
payments to the host government by companies involved in the
extraction and export of natural resources;
(ii) the independent auditing of accounts receiving such
payments and public disclosure of the findings of such
audits; and
(iii) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or disclosure
for the redaction of, or exceptions for, information that is
commercially proprietary or that would create competitive
disadvantage.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of this subparagraph.
(e) Foreign Assistance Web Site.--Funds appropriated by
this Act under titles I and II, and funds made available for
any independent agency in title III, as appropriate, shall be
made available to support the provision of additional
information on United States Government foreign assistance on
the Department of State foreign assistance Web site:
Provided, That all Federal agencies funded under this Act
shall provide such information on foreign assistance, upon
request, to the Department of State.
democracy programs
Sec. 7032. (a) Funding.--
(1) Of the funds appropriated by this Act, not less than
$2,308,517,000 shall be made available for democracy
programs.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $32,000,000 shall be
made available for the Near East Regional Democracy program.
(b) Authority.--Funds made available by this Act for
democracy programs may be made available notwithstanding any
other provision of law, and with regard to the National
Endowment for Democracy (NED), any regulation.
(c) Definition of Democracy Programs.--For purposes of
funds appropriated by this Act, the term ``democracy
programs'' means programs that support good governance,
credible and competitive elections, freedom of expression,
association, assembly, and religion, human rights, labor
rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political
parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of
democratic states, and institutions that are responsive and
accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant
to this section that are made available for programs to
strengthen government institutions shall be prioritized for
those institutions that demonstrate a commitment to democracy
and the rule of law, as determined by the Secretary of State
or the Administrator of the United States Agency for
International Development (USAID), as appropriate.
(e) Restriction on Prior Approval.--With respect to the
provision of assistance for democracy programs in this Act,
the organizations implementing such assistance, the specific
nature of that assistance, and the participants in such
programs shall not be subject to the prior approval by the
government of any foreign country: Provided, That the
Secretary of State, in coordination with the USAID
Administrator, shall report to the Committees on
Appropriations, not later than 120 days after enactment of
this Act, detailing steps taken by the Department of State
and USAID to comply with the requirements of this subsection.
(f) Program Design and Implementation.--
(1) Clarification of use.--Not later than 90 days after
enactment of this Act, the Secretary of State and USAID
Administrator, following consultation with democracy program
implementing partners, shall each establish guidelines for
clarifying program design and objectives for democracy
programs, including the uses of contracts versus grants and
cooperative agreements in the conduct of democracy programs
carried out with funds appropriated by this Act: Provided,
That such guidelines, which shall be made available to all
relevant agency personnel, shall be in accordance with--
(A) the Quadrennial Diplomacy and Development Review, 2015,
regarding the objectives of promoting resilient, open, and
democratic societies;
(B) the ADVANCE Democracy Act of 2007 (title XXI of Public
Law 110-53; 22 U.S.C. 8201 et seq.), including the foreign
policy objectives contained therein; and
(C) sections 6303 through 6305 of title 31, United States
Code, regarding the selection of contracts and assistance
instruments.
(2) Continuation of current practices.--USAID shall
continue to implement civil society and political competition
and consensus building programs abroad with funds
appropriated by this Act in a manner that recognizes the
unique benefits of grants and cooperative agreements in
implementing such programs: Provided, That nothing in this
paragraph shall be construed to affect the ability of any
entity, including United States small businesses, from
competing for proposals for USAID-funded civil society and
political competition and consensus building programs.
(3) Report.--Not later than September 30, 2017, the
Secretary of State and USAID Administrator shall each submit
to the Committees on Appropriations a report detailing the
use of contracts, grants, and cooperative agreements in the
conduct of democracy programs with funds made available by
the Department of State, Foreign Operations, and Related
Programs Act, 2015 (division J of Public Law 113-235), which
shall include funding level, account, program sector and
subsector, and a brief summary of purpose.
(g) Strategic Reviews and Report.--
(1) Country strategies.--Prior to the obligation of funds
made available by this Act for Department of State and USAID
democracy programs for a nondemocratic or democratic
transitioning country for which a country strategy has been
concluded after
[[Page H9581]]
the date of enactment of this Act, as required by section
2111(c)(1) of the ADVANCE Democracy Act of 2007 (title XXI of
Public Law 110-53; 22 U.S.C. 8211) or similar provision of
law or regulation, the Under Secretary for Civilian Security,
Democracy and Human Rights, Department of State, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State, and the
Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall review such strategy to
ensure that it includes--
(A) specific goals and objectives for such program,
including a specific plan and timeline to measure impacts;
(B) an assessment of the risks associated with the conduct
of such program to intended beneficiaries and implementers,
including steps to support and protect such individuals; and
(C) the funding requirements to initiate and sustain such
program in fiscal year 2016 and subsequent fiscal years, as
appropriate:
Provided, That for the purposes of this paragraph, the term
``nondemocratic or democratic transitioning country'' shall
have the same meaning as in section 2104(6) of Public Law
110-53.
(2) Report.--Not later than September 30, 2016, the
Secretary of State, in consultation with the USAID
Administrator, shall submit a report, including a classified
annex if necessary, to the appropriate congressional
committees detailing the methodology and guidelines
established and implemented by the Department of State and
USAID, respectively, to carry out the requirements of this
subsection: Provided, That such report shall also include an
analysis of the political and social conditions in a
nondemocratic or democratic transitioning country that are a
prerequisite for the conduct of democracy programs.
(h) Consultation and Communication Requirements.--
(1) Country allocations.--The Deputy Secretary for
Management and Resources, Department of State, shall consult
with the Under Secretary for Civilian Security, Democracy and
Human Rights, Department of State, and the Assistant
Administrator for Democracy, Conflict, and Humanitarian
Assistance, USAID, on the proposed funding levels for
democracy programs by country in the report submitted to
Congress pursuant to section 653(a) of the Foreign Assistance
Act of 1961.
(2) Informing the national endowment for democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID,
shall regularly inform the National Endowment for Democracy
of democracy programs that are planned and supported by funds
made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs.
(3) Report on program changes.--The Secretary of State or
the USAID Administrator, as appropriate, shall report to the
Committees on Appropriations within 30 days of a decision to
significantly change the objectives or the content of a
democracy program or to close such a program due to the
increasingly repressive nature of the host country
government: Provided, That the report shall also include a
strategy for continuing support for democracy promotion, if
such programming is feasible, and may be submitted in
classified form, if necessary.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and
Special Envoy to Promote Religious Freedom.--Funds
appropriated by this Act under the heading ``Diplomatic and
Consular Programs'' shall be made available for the Office of
the Ambassador-at-Large for International Religious Freedom
and the Special Envoy to Promote Religious Freedom of
Religious Minorities in the Near East and South Central Asia,
as authorized in the Near East and South Central Asia
Religious Freedom Act of 2014 (Public Law 113-161), and
including for support staff, at not less than the amounts
contained for such Office and Envoy in the table under such
heading in the explanatory statement described in section 4
(in the matter preceding division A of this Consolidated
Act).
(b) Assistance.--
(1) International religious freedom programs.--Of the funds
appropriated by this Act under the heading ``Democracy Fund''
and available for the Human Rights and Democracy Fund (HRDF),
not less than $10,000,000 shall be made available for
international religious freedom programs: Provided, That the
Ambassador-at-Large for International Religious Freedom shall
consult with the Committees on Appropriations on the uses of
such funds.
(2) Protection and investigation programs.--Funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available for programs to protect
vulnerable and persecuted religious minorities: Provided,
That a portion of such funds shall be made available for
programs to investigate the persecution of such minorities by
governments and non-state actors and for the public
dissemination of information collected on such persecution,
including on the Department of State Web site.
(3) Humanitarian programs.--Funds appropriated by this Act
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall be made available
for humanitarian assistance for vulnerable and persecuted
religious minorities.
(4) Responsibility of funds.--Funds made available by
paragraphs (1) and (2) shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials.
(c) International Broadcasting.--Funds appropriated by this
Act under the heading ``Broadcasting Board of Governors,
International Broadcasting Operations'' shall be made
available for programs related to international religious
freedom, including reporting on the condition of vulnerable
and persecuted religious groups.
(d) Atrocities Prevention.--Not later than 90 days after
enactment of this Act, the Secretary of State, after
consultation with the heads of other United States Government
agencies represented on the Atrocities Prevention Board (APB)
and representatives of human rights organizations, as
appropriate, shall submit to the appropriate congressional
committees an evaluation of the persecution of, including
attacks against, Christians and people of other religions in
the Middle East by violent Islamic extremists and the Muslim
Rohingya people in Burma by violent Buddhist extremists,
including whether either situation constitutes mass
atrocities or genocide (as defined in section 1091 of title
18, United States Code), and a detailed description of any
proposed atrocities prevention response recommended by the
APB: Provided, That such evaluation and response may include
a classified annex, if necessary.
(e) Designation of Non-State Actors.--The President shall,
concurrent with the annual foreign country review required by
section 402(b)(1) of the International Religious Freedom Act
of 1998 (22 U.S.C. 6442(b)(1)), review and identify any non-
state actors in such countries that have engaged in
particularly severe violations of religious freedom, and
designate, in a manner consistent with such Act, each such
group as a non-state actor of particular concern for
religious freedom operating in such reviewed country or
surrounding region: Provided, That whenever the President
designates such a non-state actor under this subsection, the
President shall, as soon as practicable after the designation
is made, submit a report to the appropriate congressional
committees detailing the reasons for such designation.
(f) Report.--Not later than September 30, 2016, the
Secretary of State, in consultation with the Chairman of the
Broadcasting Board of Governors and the Administrator of the
United States Agency for International Development, shall
submit a report, including a classified annex if necessary,
to the appropriate congressional committees detailing, by
account, agency, and on a country-by-country basis, funds
made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs for the previous 2 fiscal
years for international religious freedom programs;
protection and investigation programs regarding vulnerable
and persecuted religious minorities; humanitarian and relief
assistance for such minorities; and international
broadcasting regarding religious freedom.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in titles III and VI
of this Act that are made available for victims of war,
displaced children, displaced Burmese, and to combat
trafficking in persons and assist victims of such
trafficking, may be made available notwithstanding any other
provision of law.
(b) Law Enforcement and Security.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations
that include child soldiers.
(2) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries
undergoing democratic transition.
(3) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2016 as if part of this Act.
(4) Forensic assistance.--
(A) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $4,000,000 shall be
made available for forensic anthropology assistance related
to the exhumation of mass graves and the identification of
victims of war crimes and crimes against humanity, of which
not less than $3,000,000 should be made available for such
assistance in Guatemala, Peru, Colombia, Iraq, and Sri Lanka,
which shall be administered by the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State.
(B) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $4,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America.
(5) International prison conditions.--Section 7065 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public
[[Page H9582]]
Law 113-235) shall continue in effect during fiscal year 2016
as if part of this Act.
(6) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(7) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2015, by country
and purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(8) Leahy vetting report.--
(A) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees on foreign assistance cases
submitted for vetting for purposes of section 620M of the
Foreign Assistance Act of 1961 during the preceding fiscal
year, including:
(i) the total number of cases submitted, approved,
suspended, or rejected for human rights reasons; and
(ii) for cases rejected, a description of the steps taken
to assist the foreign government in taking effective measures
to bring the responsible members of the security forces to
justice, in accordance with section 620M(c) of the Foreign
Assistance Act of 1961.
(B) The report required by this paragraph shall be
submitted in unclassified form, but may be accompanied by a
classified annex.
(9) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign
Assistance Act of 1961, the term ``military training provided
to foreign military personnel by the Department of Defense
and the Department of State'' shall be deemed to include all
military training provided by foreign governments with funds
appropriated to the Department of Defense or the Department
of State, except for training provided by the government of a
country designated by section 517(b) of such Act as a major
non-NATO ally.
(c) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development (USAID), from
this or any other Act, may be made available as a general
contribution to the World Food Programme, notwithstanding any
other provision of law.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall be made available to carry out the
Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union as authorized
by the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'' and ``Assistance
for Europe, Eurasia and Central Asia'' may be made available
as contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of
the Committees on Appropriations.
(3) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic and
Consular Programs'', up to $500,000 may be made available for
grants pursuant to section 504 of Public Law 95-426 (22
U.S.C. 2656d), including to facilitate collaboration with
indigenous communities.
(4) Extension of legal protection.--No conviction issued by
the Cairo Criminal Court on June 4, 2013, in ``Public
Prosecution Case No. 1110 for the Year 2012'', against a
citizen or national of the United States or an alien lawfully
admitted for permanent residence in the United States, shall
be considered a conviction for the purposes of United States
law or for any activity undertaken within the jurisdiction of
the United States during fiscal year 2016 and any fiscal year
thereafter.
(5) Modification of life insurance supplemental applicable
to those killed in terrorist attacks.--
(A) Section 415(a)(1) of the Foreign Service Act of 1980
(22 U.S.C. 3975(a)(1)) is amended by striking ``a payment
from the United States in an amount that, when added to the
amount of the employee's employer-provided group life
insurance policy coverage (if any), equals $400,000'' and
inserting ``a special payment of $400,000, which shall be in
addition to any employer provided life insurance policy
coverage''.
(B) The insurance benefit under section 415 of the Foreign
Service Act of 1980 (22 U.S.C. 3975), as amended by
subparagraph (A), shall be applicable to eligible employees
who die as a result of injuries sustained while on duty
abroad because of an act of terrorism, as defined in section
140(d) of the Foreign Relations Authorization Act, Fiscal
Years 1998 and 1999 (22 U.S.C. 2656f(d)), anytime on or after
April 18, 1983.
(6) Authority.--The Administrator of the United States
Agency for International Development may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may
not exceed $100,000: Provided further, That no more than 10
such awards may be made during fiscal year 2016: Provided
further, That for purposes of this paragraph the term
``innovation incentive award'' means the provision of funding
on a competitive basis that--
(A) encourages and rewards the development of solutions for
a particular, well-defined problem related to the alleviation
of poverty; or
(B) helps identify and promote a broad range of ideas and
practices facilitating further development of an idea or
practice by third parties.
(e) Partner Vetting.--Funds appropriated by this Act or in
titles I through IV of prior Acts making appropriations for
the Department of State, foreign operations, and related
programs shall be used by the Secretary of State and the
USAID Administrator, as appropriate, to support the continued
implementation of the Partner Vetting System (PVS) pilot
program: Provided, That the Secretary of State and the USAID
Administrator shall inform the Committees on Appropriations,
at least 30 days prior to completion of the pilot program, on
the criteria for evaluating such program, including for
possible expansion: Provided further, That not later than
180 days after completion of the pilot program, the Secretary
and USAID Administrator shall jointly submit a report to the
Committees on Appropriations, in classified form if
necessary, detailing the findings, conclusions, and any
recommendations for expansion of such program: Provided
further, That not less than 30 days prior to the
implementation of any recommendations for expanding the PVS
pilot program the Secretary of State and USAID Administrator
shall consult with the Committees on Appropriations and with
representatives of agency implementing partners on the
findings, conclusions, and recommendations in such report, as
appropriate.
(f) Contingencies.--During fiscal year 2016, the President
may use up to $125,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(g) International Child Abductions.--The Secretary of State
should withhold funds appropriated under title III of this
Act for assistance for the central government of any country
that is not taking appropriate steps to comply with the
Convention on the Civil Aspects of International Child
Abductions, done at the Hague on October 25, 1980: Provided,
That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(h) Report Repealed.--Section 616(c) of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999 (division A of Public Law
105-277) is hereby repealed.
(i) Transfers for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the
heading ``Protection of Foreign Missions and Officials''
unobligated balances of expired funds appropriated under the
heading ``Diplomatic and Consular Programs'' for fiscal year
2016, except for funds designated 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, at no later than the end of the fifth
fiscal year after the last fiscal year for which such funds
are available for the purposes for which appropriated:
Provided, That not more than $50,000,000 may be transferred.
(j) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--Section 7034(k) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235) shall continue in effect during fiscal year 2016 as
if part of this Act.
(k) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2016'' for ``September 30,
2010''.
(2) Accountability review boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain
in effect for facilities in Afghanistan through September 30,
2016, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(3) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
September 30, 2016.
(4) Foreign service officer annuitant waiver.--Section
824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g))
shall be applied by substituting ``September 30, 2016'' for
``October 1, 2010'' in paragraph (2).
(5) Department of state civil service annuitant waiver.--
Section 61(a) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting
``September 30, 2016'' for ``October 1, 2010'' in paragraph
(2).
(6) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ``September 30,
2016'' for ``October 1, 2010'' in subparagraph (B).
(7) Overseas pay comparability and limitation.--
(A) Subject to the limitation described in subparagraph
(B), the authority provided by
[[Page H9583]]
section 1113 of the Supplemental Appropriations Act, 2009
(Public Law 111-32; 123 Stat. 1904) shall remain in effect
through September 30, 2016.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009) a locality-based comparability payment (stated as
a percentage) that exceeds two-thirds of the amount of the
locality-based comparability payment (stated as a percentage)
that would be payable to such member under section 5304 of
title 5, United States Code, if such member's official duty
station were in the District of Columbia.
(8) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2015'' and
inserting ``2015, and 2016''; and
(ii) in subsection (e), by striking ``2015'' each place it
appears and inserting ``2016''; and
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2015'' and inserting ``2016''.
(9) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental
Appropriations Act, 2010 (Public Law 111-212) shall remain in
effect through September 30, 2016.
(10) Extension of loan guarantees to israel.--Chapter 5 of
title I of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended under
the heading ``Loan Guarantees to Israel''--
(A) in the matter preceding the first proviso, by striking
``September 30, 2015'' and inserting ``September 30, 2019'';
and
(B) in the second proviso, by striking ``September 30,
2015'' and inserting ``September 30, 2019''.
(11) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
is amended by striking ``more than 11 years after the date of
enactment of this Act'' and inserting ``after September 30,
2017''.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and
2015'' and inserting ``2015, 2016, and 2017''.
(12) United states advisory commission on public
diplomacy.--Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) shall be applied
by substituting ``September 30, 2016'' for ``October 1,
2015''.
(l) Department of State Working Capital Fund.--Funds
appropriated by this Act or otherwise made available to the
Department of State for payments to the Working Capital Fund
may only be used for the service centers included in Appendix
1 of the Congressional Budget Justification, Department of
State, Diplomatic Engagement, Fiscal Year 2016: Provided,
That the amounts for such service centers shall be the
amounts included in such budget except as provided in section
7015(b) of this Act: Provided further, That Federal agency
components shall be charged only for their direct usage of
each Working Capital Fund service: Provided further, That
Federal agency components may only pay for Working Capital
Fund services that are consistent with the component's
purpose and authorities: 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.
(m) Humanitarian Assistance.--Funds appropriated by this
Act that are available for monitoring and evaluation of
assistance under the headings ``International Disaster
Assistance'' and ``Migration and Refugee Assistance'' shall,
as appropriate, be made available for the regular collection
of feedback obtained directly from beneficiaries on the
quality and relevance of such assistance: Provided, That the
Department of State and USAID shall conduct regular oversight
to ensure that such feedback is collected and used by
implementing partners to maximize the cost-effectiveness and
utility of such assistance, and require such partners that
receive funds under such headings to establish procedures for
collecting and responding to such feedback.
(n) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-
477) may be made available for pharmaceuticals and other
products for child survival, malaria, and tuberculosis to the
same extent as HIV/AIDS pharmaceuticals and other products,
subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-477) shall be
exercised by the Assistant Administrator for Global Health,
USAID, with respect to funds deposited for such non-HIV/AIDS
pharmaceuticals and other products, and shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of
State shall include in the congressional budget justification
an accounting of budgetary resources, disbursements,
balances, and reimbursements related to such fund.
(o) Loan Guarantees and Enterprise Funds.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available for
the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of loan guarantees for Jordan, Ukraine,
and Tunisia, which are authorized to be provided: Provided,
That amounts made available under this paragraph for the
costs of such guarantees shall not be considered assistance
for the purposes of provisions of law limiting assistance to
a country.
(2) Enterprise funds.--Funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available
to establish and operate one or more enterprise funds for
Egypt and Tunisia: Provided, That the first, third and fifth
provisos under section 7041(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112-74) shall apply to funds
appropriated by this Act under the heading ``Economic Support
Fund'' for an enterprise fund or funds to the same extent and
in the same manner as such provision of law applied to funds
made available under such section (except that the clause
excluding subsection (d)(3) of section 201 of the SEED Act
shall not apply): Provided further, That in addition to the
previous proviso, the authorities in the matter preceding the
first proviso of such section may apply to any such
enterprise fund or funds: Provided further, That the
authority of any such enterprise fund or funds to provide
assistance shall cease to be effective on December 31, 2026.
(3) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with
the appropriate congressional committees, and subject to the
regular notification procedures of the Committees on
Appropriations.
(p) Assessment of Indirect Costs.--Not later than 90 days
after enactment of this Act and following consultation with
the Committees on Appropriations, the Secretary of State and
the Administrator of the United States Agency for
International Development (USAID) shall submit to such
Committees an assessment of the effectiveness of current
policies and procedures in ensuring that payments for
indirect costs, including for negotiated indirect cost rate
agreements (NICRA), are reasonable and comply with the
Federal Acquisition Regulations (FAR), as applicable, and
title 2, part 200 of the Code of Federal Regulations (CFR);
an assessment of potential benefits of setting a cap on such
indirect costs to ensure the cost-effective use of
appropriated funds; a plan to revise such policies and
procedures to strengthen compliance with the FAR and CFR and
ensure that indirect costs are reasonable; and a timeline for
implementing such plan.
(q) Small Grants and Entities.--
(1) Of the funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support
Fund'', not less than $45,000,000 shall be made available for
the Small Grants Program pursuant to section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
as amended by this Act, which may remain available until
September 30, 2020.
(2) Not later than 45 days after enactment of this Act, the
Administrator of the United States Agency for International
Development (USAID) shall post on the USAID Web site detailed
information describing the process by which small
nongovernmental organizations, educational institutions, and
other small entities seeking funding from USAID for
unsolicited proposals through grants, cooperative agreements,
and other assistance mechanisms and agreements, can apply for
such funding: Provided, That the USAID Administrator should
ensure that each bureau, office, and overseas mission has
authority to approve, and sufficient funds to implement, such
grants or other agreements that meet appropriate criteria for
unsolicited proposals.
(3) Section 7080 of Public Law 113-235 is amended as
follows:
(A) in subsections (b) and (c), strike ``Grants'', and
insert ``Awards'';
(B) in subsection (c)(1), delete ``or'' after
``proposals;'';
(C) in subsection (c)(2) delete the period after
``process'', and insert ``; or'';
(D) after subsection (c)(2), insert ``(3) as otherwise
allowable under Federal Acquisition Regulations and USAID
procurement policies.''; and
(E) in subsection (e)(3), strike ``12'', and insert ``20'',
and strike ``administrative and oversight expenses associated
with managing'' and insert ``administrative expenses, and
other necessary support associated with managing and
strengthening''.
(4) For the purposes of section 7080 of Public Law 113-235,
``eligible entities'' shall be defined as small local,
international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000
in USAID funding over the previous five years: Provided,
That departments or centers of such educational institutions
may be considered individually in determining such
eligibility.
[[Page H9584]]
(r) Definitions.--
(1) Unless otherwise defined in this Act, for purposes of
this Act the term ``appropriate congressional committees''
shall mean the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives.
(2) Unless otherwise defined in this Act, for purposes of
this Act the term ``funds appropriated in this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs'' shall mean funds
that remain available for obligation, and have not expired.
(3) For the purposes of this Act ``international financial
institutions'' shall mean the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary
Fund, the Asian Development Bank, the Asian Development Fund,
the Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, the African
Development Fund, and the Multilateral Investment Guarantee
Agency.
(4) Any reference to Southern Kordofan in this or any other
Act making appropriations for the Department of State,
foreign operations, and related programs shall be deemed to
include portions of Western Kordofan that were previously
part of Southern Kordofan prior to the 2013 division of
Southern Kordofan.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 7040 of this
Act (``Limitation on Assistance for the Palestinian
Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part of Jerusalem a new office of any department or
agency of the United States Government for the purpose of
conducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any
successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and
employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should
continue to take place in locations other than Jerusalem:
Provided further, That as has been true in the past, officers
and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2016, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of
a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which the
Secretary has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed acts of
terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Audits by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds
are in addition to funds otherwise available for such
purposes.
(e) Comptroller General of the United States Audit.--
Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the
[[Page H9585]]
treatment, handling, and uses of all funds for the bilateral
West Bank and Gaza Program, including all funds provided as
cash transfer assistance, in fiscal year 2016 under the
heading ``Economic Support Fund'', and such audit shall
address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Notification Procedures.--Funds made available in this
Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
(g) Report.--Not later than 180 days after enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations updating the report contained in
section 2106 of chapter 2 of title II of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Tsunami Relief, 2005 (Public Law 109-13).
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed: Provided,
That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside
of the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and
the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed
at promoting peace, coexistence, and security cooperation
with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as
amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act
of 1961, as amended: Provided, That the report shall also
detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and
may only be made available for assistance for the Government
of Egypt if the Secretary of State certifies and reports to
the Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', up to $150,000,000 may
be made available for assistance for Egypt, of which not less
than $35,000,000 should be made available for higher
education programs including not less than $10,000,000 for
scholarships at not-for-profit institutions for Egyptian
students with high financial need: Provided, That such funds
may be made available for democracy programs and for
development programs in the Sinai: Provided further, That
such funds may not be made available for cash transfer
assistance or budget support unless the Secretary of State
certifies and reports to the appropriate congressional
committees that the Government of Egypt is taking consistent
and effective steps to stabilize the economy and implement
market-based economic reforms.
(B) Withholding.--The Secretary of State shall withhold
from obligation funds appropriated by this Act under the
heading ``Economic Support Fund'' for assistance for Egypt,
an amount of such funds that the Secretary determines to be
equivalent to that expended by the United States Government
for bail, and by nongovernmental organizations for legal and
court fees, associated with democracy-related trials in Egypt
until the Secretary certifies and reports to the Committees
on Appropriations that the Government of Egypt has dismissed
the convictions issued by the Cairo Criminal Court on June 4,
2013, in ``Public Prosecution Case No. 1110 for the Year
2012''.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'',
$1,300,000,000, to remain available until September 30, 2017,
may be made available for assistance for Egypt: Provided,
That 15 percent of such funds shall be withheld from
obligation until the Secretary of State certifies and reports
to the Committees on Appropriations that the Government of
Egypt is taking effective steps to--
(i) advance democracy and human rights in Egypt, including
to govern democratically and protect religious minorities and
the rights of women, which are in addition to steps taken
during the previous calendar year for such purposes;
(ii) implement reforms that protect freedoms of expression,
association, and peaceful assembly, including the ability of
civil society organizations and the media to function without
interference;
(iii) release political prisoners and provide detainees
with due process of law;
(iv) hold Egyptian security forces accountable, including
officers credibly alleged to have violated human rights; and
(v) provide regular access for United States officials to
monitor such assistance in areas where the assistance is
used:
Provided further, That such funds may be transferred to an
interest bearing account in the Federal Reserve Bank of New
York, following consultation with the Committees on
Appropriations: Provided further, That the certification
requirement of this paragraph shall not apply to funds
appropriated by this Act under such heading for
counterterrorism, border security, and nonproliferation
programs for Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the
Secretary determines and reports to the Committees on
Appropriations that to do so is important to the national
security interest of the United States, and submits a report
to such Committees containing a detailed justification for
the use of such waiver and the reasons why any of the
requirements of subparagraph (A) cannot be met.
(4) Oversight and consultation requirements.--
(A) The Secretary of State shall take all practicable steps
to ensure that mechanisms are in place for monitoring,
oversight, and control of funds made available by this
subsection for assistance for Egypt.
(B) Not later than 90 days after enactment of this Act, the
Secretary shall consult with the Committees on Appropriations
on any plan to restructure military assistance for Egypt.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'', ``Economic
Support Fund'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'' shall be used by the
Secretary of State--
(A) to support the United States policy to prevent Iran
from achieving the capability to produce or otherwise obtain
a nuclear weapon;
(B) to support an expeditious response to any violation of
the Joint Comprehensive Plan of Action or United Nations
Security Council Resolution 2231;
(C) to support the implementation and enforcement of
sanctions against Iran for support of terrorism, human rights
abuses, and
[[Page H9586]]
ballistic missile and weapons proliferation; and
(D) for democracy programs for Iran, to be administered by
the Assistant Secretary for Near Eastern Affairs, Department
of State, in consultation with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State.
(2) Continuation of prohibition.--The terms and conditions
of paragraph (2) of section 7041(c) in division I of Public
Law 112-74 shall continue in effect during fiscal year 2016
as if part of this Act.
(3) Reports.--
(A) The Secretary of State shall submit to the Committees
on Appropriations the semi-annual report required by section
2 of the Iran Nuclear Agreement Review Act of 2015 (42 U.S.C.
2160e(d)(4)).
(B) Not later than 180 days after the date of enactment of
this Act, the Secretary of State, in consultation with the
Secretary of the Treasury, shall submit to the appropriate
congressional committees a report on the status of the
implementation and enforcement of bilateral United States and
multilateral sanctions against Iran and actions taken by the
United States and the international community to enforce such
sanctions against Iran: Provided, That the report shall also
include any entities involved in the testing of a ballistic
missile by the Government of Iran after October 1, 2015, and
note whether such entities are currently under United States
sanctions: Provided further, That such report shall be
submitted in an unclassified form, but may contain a
classified annex if necessary.
(c) Iraq.--
(1) Purposes.--Funds appropriated by this Act shall be made
available for assistance for Iraq to promote governance,
security, and internal and regional stability, including in
Kurdistan and other areas impacted by the conflict in Syria,
and among religious and ethnic minority populations in Iraq.
(2) Limitation.--None of the funds appropriated by this Act
may be made available for construction, rehabilitation, or
other improvements to United States diplomatic facilities in
Iraq on property for which no land-use agreement has been
entered into by the Governments of the United States and
Iraq: Provided, That the restrictions in this paragraph
shall not apply if such funds are necessary to protect United
States diplomatic facilities or the security, health, and
welfare of United States personnel.
(3) Kurdistan regional governments security services.--
Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' that are available for
assistance for Iraq should be made available to enhance the
capacity of Kurdistan Regional Government security services
and for security programs in Kurdistan to address
requirements arising from the violence in Syria and Iraq:
Provided, That the Secretary of State shall consult with the
Committees on Appropriations prior to obligating such funds.
(4) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States
and Iraq.
(d) Jordan.--
(1) Funding levels.--Of the funds appropriated by this Act
under titles III and IV, not less than $1,275,000,000 shall
be made available for assistance for Jordan, of which not
less than $204,000,000 shall be for budget support for the
Government of Jordan and $100,000,000 shall be for water
sector support: Provided, That such assistance for water
sector support shall be subject to prior consultation with
the Committees on Appropriations.
(2) Response to the syrian crisis.--Funds appropriated by
this Act shall be made available for programs to implement
the Jordan Response Plan 2015 for the Syria Crisis, including
assistance for host communities in Jordan: Provided, That
not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations describing United States and other donor
contributions to such Plan.
(e) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for the Lebanese Internal Security
Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF or
the LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act.
(2) Consultation requirement.--Funds appropriated by this
Act under the headings ``International Narcotics Control and
Law Enforcement'' and ``Foreign Military Financing Program''
that are available for assistance for Lebanon may be made
available for programs and equipment for the ISF and the LAF
to address security and stability requirements in areas
affected by the conflict in Syria, following consultation
with the appropriate congressional committees.
(3) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are
available for assistance for Lebanon may be made available
notwithstanding section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2346 note).
(4) Foreign military financing program.--In addition to the
activities described in paragraph (2), funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' for assistance for Lebanon may be made available
only to professionalize the LAF and to strengthen border
security and combat terrorism, including training and
equipping the LAF to secure Lebanon's borders, interdicting
arms shipments, preventing the use of Lebanon as a safe haven
for terrorist groups, and to implement United Nations
Security Council Resolution 1701: Provided, That funds may
not be obligated for assistance for the LAF until the
Secretary of State submits to the Committees on
Appropriations a detailed spend plan, including actions to be
taken to ensure equipment provided to the LAF is only used
for the intended purposes, except such plan may not be
considered as meeting the notification requirements under
section 7015 of this Act or under section 634A of the Foreign
Assistance Act of 1961, and shall be submitted not later than
September 1, 2016: Provided further, That any notification
submitted pursuant to such sections shall include any funds
specifically intended for lethal military equipment.
(f) Libya.--
(1) Funding.--Of the funds appropriated by titles III and
IV of this Act, not less than $20,000,000 shall be made
available for assistance for Libya for programs to strengthen
governing institutions and civil society, improve border
security, and promote democracy and stability in Libya, and
for activities to address the humanitarian needs of the
people of Libya.
(2) Limitations.--
(A) Cooperation on the september 2012 attack on united
states personnel and facilities.--None of the funds
appropriated by this Act may be made available for assistance
for the central Government of Libya unless the Secretary of
State reports to the Committees on Appropriations that such
government is cooperating with United States Government
efforts to investigate and bring to justice those responsible
for the attack on United States personnel and facilities in
Benghazi, Libya in September 2012: Provided, That the
limitation in this paragraph shall not apply to funds made
available for the purpose of protecting United States
Government personnel or facilities.
(B) Infrastructure projects.--The limitation on the uses of
funds in section 7041(f)(2) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) shall apply to funds
appropriated by this Act that are made available for
assistance for Libya.
(3) Certification requirement.--Prior to the initial
obligation of funds made available by this Act for assistance
for Libya, the Secretary of State shall certify and report to
the Committees on Appropriations that all practicable steps
have been taken to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Libya, including a
description of the vetting procedures to be used for
recipients of assistance made available under title IV of
this Act.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made
available for assistance for the Western Sahara: Provided,
That not later than 90 days after enactment of this Act and
prior to the obligation of such funds the Secretary of State,
in consultation with the Administrator of the United States
Agency for International Development, shall consult with the
Committees on Appropriations on the proposed uses of such
funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may
only be used for the purposes requested in the Congressional
Budget Justification, Foreign Operations, Fiscal Year 2016.
(h) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Peacekeeping
Operations'' shall be made available, notwithstanding any
other provision of law except for this subsection, for non-
lethal assistance for programs to address the needs of
civilians affected by conflict in Syria, and for programs
that seek to--
(A) establish governance in Syria that is representative,
inclusive, and accountable;
(B) expand the role of women in negotiations to end the
violence and in any political transition in Syria;
(C) develop and implement political processes that are
democratic, transparent, and adhere to the rule of law;
(D) further the legitimacy of the Syrian opposition through
cross-border programs;
(E) develop civil society and an independent media in
Syria;
(F) promote economic development in Syria;
(G) document, investigate, and prosecute human rights
violations in Syria, including through transitional justice
programs and support for nongovernmental organizations;
(H) counter extremist ideologies;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher
education requirements at regional academic institutions; and
(J) assist vulnerable populations in Syria and in
neighboring countries.
[[Page H9587]]
(2) Syrian organizations.--Funds appropriated by this Act
that are made available for assistance for Syria pursuant to
the authority of this subsection shall be made available, on
an open and competitive basis, for a program to strengthen
the capability of Syrian civil society organizations to
address the immediate and long-term needs of the Syrian
people inside Syria in a manner that supports the
sustainability of such organizations in implementing Syrian-
led humanitarian and development programs and the
comprehensive strategy required in section 7041(i)(3) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(3) Strategy update.--Funds appropriated by this Act that
are made available for assistance for Syria pursuant to the
authority of this subsection may only be made available after
the Secretary of State, in consultation with the heads of
relevant United States Government agencies, submits, in
classified form if necessary, an update to the comprehensive
strategy required in section 7041(i)(3) of Public Law 113-76.
(4) Monitoring and oversight.--Prior to the obligation of
funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria: Provided, That the Secretary shall promptly inform
the appropriate congressional committees of each significant
instance in which assistance provided pursuant to this
subsection has been compromised, to include the type and
amount of assistance affected, a description of the incident
and parties involved, and an explanation of the response of
the Department of State.
(5) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(i) Tunisia.--Of the funds appropriated under titles III
and IV of this Act, not less than $141,900,000 shall be made
available for assistance for Tunisia.
(j) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank
and Gaza, the Secretary of State shall report to the
Committees on Appropriations that the purpose of such
assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available
for assistance for the Palestinian Authority, if after the
date of enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations or
any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(II) the Palestinians initiate an International Criminal
Court (ICC) judicially authorized investigation, or actively
support such an investigation, that subjects Israeli
nationals to an investigation for alleged crimes against
Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the
application of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do so
is in the national security interest of the United States,
and submits a report to such Committees detailing how the
waiver and the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of the
Senate, and the appropriate congressional committees that the
Palestinians have not, after the date of enactment of this
Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated between
Israel and the Palestinians; and
(II) taken any action with respect to the ICC that is
intended to influence a determination by the ICC to initiate
a judicially authorized investigation, or to actively support
such an investigation, that subjects Israeli nationals to an
investigation for alleged crimes against Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-
204 under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under the
preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(3) Reduction.--The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ``Economic Support Fund'' for the Palestinian
Authority by an amount the Secretary determines is equivalent
to the amount expended by the Palestinian Authority as
payments for acts of terrorism by individuals who are
imprisoned after being fairly tried and convicted for acts of
terrorism and by individuals who died committing acts of
terrorism during the previous calendar year: Provided, That
the Secretary shall report to the Committees on
Appropriations on the amount reduced for fiscal year 2016
prior to the obligation of funds for the Palestinian
Authority.
(4) Security report.--The reporting requirements contained
in section 1404 of the Supplemental Appropriations Act, 2008
(Public Law 110-252) shall apply to funds made available by
this Act, including a description of modifications, if any,
to the security strategy of the Palestinian Authority.
africa
Sec. 7042. (a) Boko Haram.--Funds appropriated by this Act
that are made available for assistance for Cameroon, Chad,
Niger, and Nigeria--
(1) shall be made available for assistance for women and
girls who are targeted by the terrorist organization Boko
Haram, consistent with the provisions of section 7059 of this
Act; and
(2) may be made available for counterterrorism programs to
combat Boko Haram.
(b) Central African Republic.--Funds made available by this
Act for assistance for the Central African Republic shall be
made available for reconciliation and peacebuilding programs,
including activities to promote inter-faith dialogue at the
national and local levels, and for programs to prevent crimes
against humanity.
(c) Counterterrorism Programs.--Of the funds appropriated
by this Act, not less than $69,821,000 should be made
available for the Trans-Sahara Counter-terrorism Partnership
program, and not less than $24,150,000 should be made
available for the Partnership for Regional East Africa
Counterterrorism program.
(d) Ethiopia.--
(1) Forced evictions.--
(A) Funds appropriated by this Act for assistance for
Ethiopia may not be made available for any activity that
supports forced evictions.
(B) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against financing for any activity that
supports forced evictions in Ethiopia.
(2) Consultation requirement.--Programs and activities to
improve livelihoods shall include prior consultation with,
and the participation of, affected communities, including in
the South Omo and Gambella regions.
(3) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' for assistance for Ethiopia may only be made
available for border security and counterterrorism programs,
support for international peacekeeping efforts, and
assistance for the Ethiopian Defense Command and Staff
College.
(e) Lake Chad Basin Countries.--Funds appropriated by this
Act shall be made available for democracy and other
development programs in Cameroon, Chad, Niger, and Nigeria,
following consultation with the Committees on Appropriations:
Provided, That such democracy programs should protect
freedoms of expression, association and religion, including
for journalists, civil society, and opposition political
parties, and should be used to assist the governments of such
countries to strengthen accountability and the rule of law,
including within the security forces.
(f) Lord's Resistance Army.--Funds appropriated by this Act
shall be made available for programs and activities in areas
affected by the Lord's Resistance Army (LRA) consistent with
the goals of the Lord's Resistance Army Disarmament and
Northern Uganda Recovery Act (Public Law 111-172), including
to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support
the disarmament, demobilization, and reintegration of former
LRA combatants, especially child soldiers.
(g) Power Africa Initiative.--Funds appropriated by this
Act that are made available for the Power Africa initiative
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(h) Programs in Africa.--
(1) Of the funds appropriated by this Act under the
headings ``Global Health Programs'' and ``Economic Support
Fund'', not less than $7,000,000 shall be made available for
the purposes of section 7042(g)(1) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than
$8,000,000 shall be made available for the purposes of
section 7042(g)(2) of the Department
[[Page H9588]]
of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(3) Funds made available under paragraphs (1) and (2) shall
be programmed in a manner that leverages a United States
Government-wide approach to addressing shared challenges and
mutually beneficial opportunities, and shall be the
responsibility of United States Chiefs of Mission in
countries in Africa seeking enhanced partnerships with the
United States in areas of trade, investment, development,
health, and security.
(i) South Sudan.--
(1) Funds appropriated by this Act that are made available
for assistance for South Sudan should--
(A) be prioritized for programs that respond to
humanitarian needs and the delivery of basic services and to
mitigate conflict and promote stability, including to address
protection needs and prevent and respond to gender-based
violence;
(B) support programs that build resilience of communities
to address food insecurity, maintain educational
opportunities, and enhance local governance;
(C) be used to advance democracy, including support for
civil society, independent media, and other means to
strengthen the rule of law;
(D) support the transparent and sustainable management of
natural resources by assisting the Government of South Sudan
in conducting regular audits of financial accounts, including
revenues from oil and gas, and the timely public disclosure
of such audits; and
(E) support the professionalization of security forces,
including human rights and accountability to civilian
authorities.
(2) None of the funds appropriated by this Act that are
available for assistance for the central Government of South
Sudan may be made available until the Secretary of State
certifies and reports to the Committees on Appropriations
that such government is taking effective steps to--
(A) end hostilities and pursue good faith negotiations for
a political settlement of the internal conflict;
(B) provide access for humanitarian organizations;
(C) end the recruitment and use of child soldiers;
(D) protect freedoms of expression, association, and
assembly;
(E) reduce corruption related to the extraction and sale of
oil and gas; and
(F) establish democratic institutions, including
accountable military and police forces under civilian
authority.
(3) The limitation of paragraph (2) shall not apply to--
(A) humanitarian assistance;
(B) assistance to support South Sudan peace negotiations or
to advance or implement a peace agreement; and
(C) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement (CPA) and mutual
arrangements related to the CPA.
(j) Sudan.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for
assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the
cost of selling, reducing, or canceling amounts owed to the
United States, and modifying concessional loans, guarantees,
and credit agreements.
(3) The limitations of paragraphs (1) and (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and
populations in Sudan, and Abyei; and
(D) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement (CPA), mutual
arrangements related to post-referendum issues associated
with the CPA, or any other internationally recognized viable
peace agreement in Sudan.
(k) Zimbabwe.--
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against any extension by the respective
institution of any loan or grant to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State certifies and
reports to the Committees on Appropriations that the rule of
law has been restored, including respect for ownership and
title to property, and freedoms of expression, association,
and assembly.
(2) None of the funds appropriated by this Act shall be
made available for assistance for the central Government of
Zimbabwe, except for health and education, unless the
Secretary of State certifies and reports as required in
paragraph (1), and funds may be made available for
macroeconomic growth assistance if the Secretary reports to
the Committees on Appropriations that such government is
implementing transparent fiscal policies, including public
disclosure of revenues from the extraction of natural
resources.
east asia and the pacific
Sec. 7043. (a) Asia Rebalancing Initiative.--Except for
paragraphs (1)(C), (4), (5)(B) and (C), and 6(B), section
7043(a) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of
Public Law 113-235) shall continue in effect during fiscal
year 2016 as if part of this Act: Provided, That section
7043(a)(8) of such Act shall be applied to funds appropriated
by this Act by adding ``East Asia,'' before ``South East
Asia''.
(b) Burma.--
(1) Bilateral economic assistance.--
(A) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Burma may be
made available notwithstanding any other provision of law,
except for this subsection, and following consultation with
the appropriate congressional committees.
(B) Funds appropriated under title III of this Act for
assistance for Burma--
(i) may not be made available for budget support for the
Government of Burma;
(ii) shall be made available to strengthen civil society
organizations in Burma, including as core support for such
organizations;
(iii) shall be made available for the implementation of the
democracy and human rights strategy required by section
7043(b)(3)(A) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2014 (division K of
Public Law 113-76);
(iv) shall be made available for community-based
organizations operating in Thailand to provide food, medical,
and other humanitarian assistance to internally displaced
persons in eastern Burma, in addition to assistance for
Burmese refugees from funds appropriated by this Act under
the heading ``Migration and Refugee Assistance'';
(v) shall be made available for programs to promote ethnic
and religious tolerance, including in Rakhine and Kachin
states;
(vi) may not be made available to any successor or
affiliated organization of the State Peace and Development
Council (SPDC) controlled by former SPDC members that
promotes the repressive policies of the SPDC, or to any
individual or organization credibly alleged to have committed
gross violations of human rights, including against Rohingya
and other minority groups;
(vii) may be made available for programs administered by
the Office of Transition Initiatives, United States Agency
for International Development (USAID), for ethnic groups and
civil society in Burma to help sustain ceasefire agreements
and further prospects for reconciliation and peace, which may
include support to representatives of ethnic armed groups for
this purpose; and
(viii) may not be made available to any organization or
individual the Secretary of State determines and reports to
the appropriate congressional committees advocates violence
against ethnic or religious groups and individuals in Burma,
including such organizations as Ma Ba Tha.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That the Department of State may continue
consultations with the armed forces of Burma only on human
rights and disaster response in a manner consistent with the
prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) Multilateral assistance.--The Secretary of the Treasury
should instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to support projects in Burma only if
such projects--
(A) promote accountability and transparency, including on-
site monitoring throughout the life of the project;
(B) are developed and carried out in accordance with best
practices regarding environmental conservation; social and
cultural protection and empowerment of local populations,
particularly ethnic nationalities; and extraction of
resources;
(C) do not promote the displacement of local populations
without appropriate consultation, harm mitigation and
compensation, and do not provide incentives for, or
facilitate, the forced migration of indigenous communities;
and
(D) do not partner with or otherwise involve military-owned
enterprises or state-owned enterprises associated with the
military.
(4) Assessment.--Not later than 180 days after enactment of
this Act, the Comptroller General of the United States shall
initiate an assessment of democracy programs in Burma
conducted by the Department of State and USAID, including the
strategy for such programs, and programmatic implementation
and results: Provided, That of the funds appropriated by
this Act and made available for assistance for Burma, up to
$100,000 shall be made available to the Comptroller for such
assessment.
(5) Programs, position, and responsibilities.--
(A) Any new program or activity in Burma initiated in
fiscal year 2016 shall be subject to prior consultation with
the appropriate congressional committees.
(B) Section 7043(b)(7) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2016 as if part of this Act.
(C) The United States Chief of Mission in Burma, in
consultation with the Assistant
[[Page H9589]]
Secretary for the Bureau of Democracy, Human Rights, and
Labor, Department of State, shall be responsible for
democracy programs in Burma.
(c) Cambodia.--
(1) Khmer rouge tribunal.--Of the funds appropriated by
this Act that are made available for assistance for Cambodia,
up to $2,000,000 may be made available for a contribution to
the Extraordinary Chambers in the Court of Cambodia (ECCC),
in a manner consistent with prior fiscal years, except that
such funds may only be made available for a contribution to
the appeals process in Case 002/01.
(2) Research and education.--Funds made available by this
Act for democracy programs in Cambodia shall be made
available for research and education programs associated with
the Khmer Rouge genocide in Cambodia.
(3) Reimbursements.--The Secretary of State shall continue
to consult with the Principal Donors Group on reimbursements
to the Documentation Center of Cambodia for costs incurred in
support of the ECCC.
(d) North Korea.--
(1) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be
made available to maintain broadcasts into North Korea at
levels consistent with the prior fiscal year.
(2) Refugees.--Funds appropriated by this Act under the
heading ``Migration and Refugee Assistance'' shall be made
available for assistance for refugees from North Korea,
including protection activities in the People's Republic of
China and other countries in the Asia region.
(3) Database and report.--Funds appropriated by this Act
under title III shall be made available to maintain a
database of prisons and gulags in North Korea, in accordance
with section 7032(i) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76): Provided, That not later
than 30 days after enactment of this Act, the Secretary of
State shall submit a report to the Committees on
Appropriations describing the sources of information and
format of such database.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support
Fund'' may be made available for assistance for the
Government of North Korea.
(e) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic and Consular
Programs'' in this Act may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China (PRC) unless,
at least 15 days in advance, the Committees on Appropriations
are notified of such proposed action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.
(3) Counter influence programs.--Funds appropriated by this
Act for public diplomacy under title I and for assistance
under titles III and IV shall be made available to counter
the influence of the PRC, in accordance with the strategy
required by section 7043(e)(3) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76), following
consultation with the Committees on Appropriations.
(4) Cost-matching requirement.--Section 7032(f) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)
shall continue in effect during fiscal year 2016 as if part
of this Act.
(f) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan
people and respect Tibetan culture and traditions, and are
subject to effective monitoring.
(2) Programs for tibetan communities.--
(A) Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available to nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development, education,
and environmental conservation in Tibetan communities in the
Tibetan Autonomous Region and in other Tibetan communities in
China.
(B) Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for
programs to promote and preserve Tibetan culture,
development, and the resilience of Tibetan communities in
India and Nepal, and to assist in the education and
development of the next generation of Tibetan leaders from
such communities: Provided, That such funds are in addition
to amounts made available in subparagraph (A) for programs
inside Tibet.
(g) Vietnam.--
(1) Dioxin remediation.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' shall be made
available for remediation of dioxin contaminated sites in
Vietnam and may be made available for assistance for the
Government of Vietnam, including the military, for such
purposes.
(2) Health and disability programs.--Funds appropriated by
this Act under the heading ``Development Assistance'' shall
be made available for health and disability programs in areas
sprayed with Agent Orange and otherwise contaminated with
dioxin, to assist individuals with severe upper or lower body
mobility impairment and/or cognitive or developmental
disabilities.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Diplomatic operations.--
(A) Facilities.--Funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'', ``Embassy
Security, Construction, and Maintenance'', and ``Operating
Expenses'' that are available for construction and renovation
of United States Government facilities in Afghanistan may not
be made available if the purpose is to accommodate Federal
employee positions or to expand aviation facilities or assets
above those notified by the Department of State and the
United States Agency for International Development (USAID) to
the Committees on Appropriations, or contractors in addition
to those in place on the date of enactment of this Act:
Provided, That the limitations in this paragraph shall not
apply if funds are necessary to implement plans for
accommodating other United States Government agencies under
Chief of Mission authority per section 3927 of title 22,
United States Code, or to protect such facilities or the
security, health, and welfare of United States Government
personnel.
(B) Personnel report.--Not later than 30 days after
enactment of this Act and every 120 days thereafter until
September 30, 2016, the Secretary of State shall submit a
report, in classified form if necessary, to the appropriate
congressional committees detailing by agency the number of
personnel present in Afghanistan under Chief of Mission
authority per section 3927 of title 22, United States Code,
at the end of the 120 day period preceding the submission of
such report: Provided, That such report shall also include
the number of locally employed staff and contractors
supporting United States Embassy operations in Afghanistan
during the reporting period.
(2) Assistance and conditions.--
(A) Funding and limitations.--Funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' may
be made available for assistance for Afghanistan: Provided,
That such funds may not be obligated for any project or
activity that--
(i) includes the participation of any Afghan individual or
organization that the Secretary of State determines to be
involved in corrupt practices or a violation of human rights;
(ii) cannot be sustained, as appropriate, by the Government
of Afghanistan or another Afghan entity;
(iii) is inaccessible for the purposes of conducting
regular oversight in accordance with applicable Federal
statutes and regulations; or
(iv) initiates any new, major infrastructure development.
(B) Certification and report.--Prior to the initial
obligation of funds made available by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' for assistance for
the central Government of Afghanistan, the Secretary of State
shall certify and report to the Committees on Appropriations,
after consultation with the Government of Afghanistan, that--
(i) goals and benchmarks for the specific uses of such
funds have been established by the Governments of the United
States and Afghanistan;
(ii) conditions are in place that increase the transparency
and accountability of the Government of Afghanistan for funds
obligated under the New Development Partnership;
(iii) the Government of Afghanistan is continuing to
implement laws and policies to govern democratically and
protect the rights of individuals and civil society,
including taking consistent steps to protect and advance the
rights of women and girls in Afghanistan;
(iv) the Government of Afghanistan is reducing corruption
and prosecuting individuals alleged to be involved in illegal
activities in Afghanistan;
(v) monitoring and oversight frameworks for programs
implemented with such funds are in accordance with all
applicable audit policies of the Department of State and
USAID;
(vi) the necessary policies and procedures are in place to
ensure Government of Afghanistan compliance with section 7013
of this Act; and
[[Page H9590]]
(vii) the Government of Afghanistan has established
processes for the public reporting of its national budget,
including revenues and expenditures.
(C) Waiver.--The Secretary of State, after consultation
with the Secretary of Defense, may waive the certification
requirement of subparagraph (B) if the Secretary determines
that to do so is important to the national security interest
of the United States and the Secretary submits a report to
the Committees on Appropriations, in classified form if
necessary, on the justification for the waiver and the
reasons why any part of the certification requirement of
subparagraph (B) has not been met.
(D) Programs.--Funds appropriated by this Act that are made
available for assistance for Afghanistan shall be made
available in the following manner--
(i) not less than $50,000,000 shall be made available for
rule of law programs, the decisions for which shall be the
responsibility of the Chief of Mission, in consultation with
other appropriate United States Government officials in
Afghanistan;
(ii) for programs that protect the rights of women and
girls and promote the political and economic empowerment of
women, including their meaningful inclusion in political
processes: Provided, That such assistance to promote
economic empowerment of women shall be made available as
grants to Afghan and international organizations, to the
maximum extent practicable;
(iii) for programs in South and Central Asia to expand
linkages between Afghanistan and countries in the region,
subject to the regular notification procedures of the
Committees on Appropriations; and
(iv) to assist the Government of Afghanistan to increase
revenue collection and expenditure.
(3) Goals and benchmarks.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report describing
the goals and benchmarks required in clause (2)(B)(i):
Provided, That not later than 6 months after the submission
of such report and every 6 months thereafter until September
30, 2017, the Secretary of State shall submit a report to
such committees on the status of achieving such goals and
benchmarks: Provided further, That the Secretary of State
should suspend assistance for the Government of Afghanistan
if any report required by this paragraph indicates that such
government is failing to make measurable progress in meeting
such goals and benchmarks.
(4) Authorities.--
(A) Funds appropriated by this Act under title III through
VI that are made available for assistance for Afghanistan may
be made available--
(i) notwithstanding section 7012 of this Act or any similar
provision of law and section 660 of the Foreign Assistance
Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the Government
of Afghanistan, in accordance with section 7046(a)(2)(B)(ii)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74); and
(iii) for an endowment to empower women and girls.
(B) Section 7046(a)(2)(A) of division I of Public Law 112-
74 shall apply to funds appropriated by this Act for
assistance for Afghanistan.
(C) Section 1102(c) of the Supplemental Appropriations Act,
2009 (title XI of Public Law 111-32) shall continue in effect
during fiscal year 2016 as if part of this Act.
(5) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Bangladesh.--Funds appropriated by this Act under the
heading ``Development Assistance'' that are made available
for assistance for Bangladesh shall be made available for
programs to protect due process of law, and to improve labor
conditions by strengthening the capacity of independent
workers' organizations in Bangladesh's readymade garment,
shrimp, and fish export sectors.
(c) Nepal.--
(1) Bilateral economic assistance.--Funds appropriated by
this Act shall be made available for assistance for Nepal for
earthquake recovery and reconstruction programs: Provided,
That such amounts shall be in addition to funds made
available by this Act for development and democracy programs
in Nepal: Provided further, That funds made available for
earthquake recovery and reconstruction programs should--
(A) target affected communities on an equitable basis; and
(B) include sufficient oversight mechanisms, to include the
participation of civil society organizations.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' shall only be made available for humanitarian and
disaster relief and reconstruction activities in Nepal, and
in support of international peacekeeping operations:
Provided, That such funds may only be made available for any
additional uses if the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Nepal is investigating and prosecuting
violations of human rights and the law of war, and the Nepal
Army is cooperating fully with civilian judicial authorities
on such efforts.
(d) Pakistan.--
(1) Certification requirement.--None of the funds
appropriated or otherwise made available by this Act under
the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Foreign
Military Financing Program'' for assistance for the
Government of Pakistan may be made available unless the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Pakistan is--
(A) 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 effective 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;
(B) 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;
(C) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(D) preventing the proliferation of nuclear-related
material and expertise;
(E) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(F) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(2) Waiver.--The Secretary of State, after consultation
with the Secretary of Defense, may waive the certification
requirement of paragraph (1) if the Secretary of State
determines that to do so is important to the national
security interest of the United States and the Secretary
submits a report to the Committees on Appropriations, in
classified form if necessary, on the justification for the
waiver and the reasons why any part of the certification
requirement of paragraph (1) has not been met.
(3) Assistance.--
(A) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance for
Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan.
(B) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' that are available
for assistance for Pakistan shall be made available to
interdict precursor materials from Pakistan to Afghanistan
that are used to manufacture IEDs, including calcium ammonium
nitrate; to support programs to train border and customs
officials in Pakistan and Afghanistan; and for agricultural
extension programs that encourage alternative fertilizer use
among Pakistani farmers.
(C) Funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for infrastructure projects in Pakistan shall be
implemented in a manner consistent with section 507(6) of the
Trade Act of 1974 (19 U.S.C. 2467(6)).
(D) Funds appropriated by this Act under titles III and IV
for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for this
subsection and section 620M of the Foreign Assistance Act of
1961.
(E) Of the funds appropriated under title III of this Act
that are made available for assistance for Pakistan,
$33,000,000 shall be withheld from obligation until the
Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released from
prison and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin Laden.
(4) Scholarships for women.--The authority and directives
of section 7044(d)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall apply to funds
appropriated by this Act that are made available for
assistance for Pakistan.
(5) Reports.--
(A)(i) The spend plan required by section 7076 of this Act
for assistance for Pakistan shall include achievable and
sustainable goals, benchmarks for measuring progress, and
expected results regarding combating poverty and furthering
development in Pakistan, countering terrorism and extremism,
and establishing conditions conducive to the rule of law and
transparent and accountable governance: Provided, That such
benchmarks may incorporate those required in title III of the
Enhanced Partnership with Pakistan Act of 2009 (22 U.S.C.
8441 et seq.), as appropriate: Provided further, That not
later than 6 months after submission of such spend plan, and
each 6 months thereafter until September 30, 2017, the
Secretary of State shall submit a report to the Committees on
Appropriations on the status of achieving the goals and
benchmarks in such plan.
[[Page H9591]]
(ii) The Secretary of State should suspend assistance for
the Government of Pakistan if any report required by clause
(i) indicates that Pakistan is failing to make measurable
progress in meeting such goals or benchmarks.
(B) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the costs and objectives associated
with significant infrastructure projects supported by the
United States in Pakistan, and an assessment of the extent to
which such projects achieve such objectives.
(6) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Pakistan.
(e) Sri Lanka.--
(1) Bilateral economic assistance.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' shall be
made available for assistance for Sri Lanka for democracy and
economic development programs, particularly in areas
recovering from ethnic and religious conflict: Provided,
That such funds shall be made available for programs to
assist in the identification and resolution of cases of
missing persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be
made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Sri Lanka is continuing to--
(A) address the underlying causes of conflict in Sri Lanka;
and
(B) increase accountability and transparency in governance.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance
for Sri Lanka shall be subject to the following conditions--
(A) funds under the heading ``Foreign Military Financing
Program'' may only be made available for programs to
redeploy, restructure, and reduce the size of the Sri Lankan
armed forces and shall not exceed $400,000;
(B) funds under the heading ``International Military
Education and Training'' may only be made available for
training related to international peacekeeping operations and
Expanded International Military Education and Training; and
(C) funds under the heading ``Peacekeeping Operations'' may
only be made available for training related to international
peacekeeping operations.
(f) Regional Programs.--
(1) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Afghanistan and
Pakistan may be provided, notwithstanding any other provision
of law that restricts assistance to foreign countries, for
cross border stabilization and development programs between
Afghanistan and Pakistan, or between either country and the
Central Asian countries.
(2) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``International Narcotics Control
and Law Enforcement'', and ``Assistance for Europe, Eurasia
and Central Asia'' that are available for assistance for
countries in South and Central Asia shall be made available
to enhance the recruitment, retention, and professionalism of
women in the judiciary, police, and other security forces.
western hemisphere
Sec. 7045. (a) United States Engagement in Central
America.--
(1) Funding.--Subject to the requirements of this
subsection, of the funds appropriated under titles III and IV
of this Act, up to $750,000,000 may be made available for
assistance for countries in Central America to implement the
United States Strategy for Engagement in Central America (the
Strategy) in support of the Plan of the Alliance for
Prosperity in the Northern Triangle of Central America (the
Plan): Provided, That the Secretary of State and
Administrator of the United States Agency for International
Development (USAID) shall prioritize such assistance to
address the key factors in such countries contributing to the
migration of unaccompanied, undocumented minors to the United
States: Provided further, That such funds shall be made
available to the maximum extent practicable on a cost-
matching basis.
(2) Pre-obligation requirements.--Prior to the obligation
of funds made available pursuant to paragraph (1), the
Secretary of State shall submit to the Committees on
Appropriations a multi-year spend plan specifying the
proposed uses of such funds in each country and the
objectives, indicators to measure progress, and a timeline to
implement the Strategy, and the amounts made available from
prior Acts making appropriations for the Department of State,
foreign operations, and related programs to support such
Strategy: Provided, That such spend plan shall also include
a description of how such assistance will differ from,
complement, and leverage funds allocated by each government
and other donors, including international financial
institutions.
(3) Assistance for the central governments of el salvador,
guatemala, and honduras.--Of the funds made available
pursuant to paragraph (1) that are available for assistance
for each of the central governments of El Salvador,
Guatemala, and Honduras, the following amounts shall be
withheld from obligation and may only be made available as
follows:
(A) 25 percent may only be obligated after the Secretary of
State certifies and reports to the appropriate congressional
committees that such government is taking effective steps
to--
(i) inform its citizens of the dangers of the journey to
the southwest border of the United States;
(ii) combat human smuggling and trafficking;
(iii) improve border security; and
(iv) cooperate with United States Government agencies and
other governments in the region to facilitate the return,
repatriation, and reintegration of illegal migrants arriving
at the southwest border of the United States who do not
qualify as refugees, consistent with international law.
(B) An additional 50 percent may only be obligated after
the Secretary of State certifies and reports to the
appropriate congressional committees that such government is
taking effective steps to--
(i) establish an autonomous, publicly accountable entity to
provide oversight of the Plan;
(ii) combat corruption, including investigating and
prosecuting government officials credibly alleged to be
corrupt;
(iii) implement reforms, policies, and programs to improve
transparency and strengthen public institutions, including
increasing the capacity and independence of the judiciary and
the Office of the Attorney General;
(iv) establish and implement a policy that local
communities, civil society organizations (including
indigenous and other marginalized groups), and local
governments are consulted in the design, and participate in
the implementation and evaluation of, activities of the Plan
that affect such communities, organizations, and governments;
(v) counter the activities of criminal gangs, drug
traffickers, and organized crime;
(vi) investigate and prosecute in the civilian justice
system members of military and police forces who are credibly
alleged to have violated human rights, and ensure that the
military and police are cooperating in such cases;
(vii) cooperate with commissions against impunity, as
appropriate, and with regional human rights entities;
(viii) support programs to reduce poverty, create jobs, and
promote equitable economic growth in areas contributing to
large numbers of migrants;
(ix) establish and implement a plan to create a
professional, accountable civilian police force and curtail
the role of the military in internal policing;
(x) protect the right of political opposition parties,
journalists, trade unionists, human rights defenders, and
other civil society activists to operate without
interference;
(xi) increase government revenues, including by
implementing tax reforms and strengthening customs agencies;
and
(xii) resolve commercial disputes, including the
confiscation of real property, between United States entities
and such government.
(4) Suspension of assistance and periodic review.--
(A) The Secretary of State shall periodically review the
progress of each of the central governments of El Salvador,
Guatemala, and Honduras in meeting the requirements of
paragraphs (3)(A) and (3)(B) and shall, not later than
September 30, 2016, submit to the appropriate congressional
committees a report assessing such progress: Provided, That
if the Secretary determines that sufficient progress has not
been made by a central government, the Secretary shall
suspend, in whole or in part, assistance for such government
for programs supporting such requirement, and shall notify
such committees in writing of such action: Provided further,
That the Secretary may resume funding for such programs only
after the Secretary certifies to such committees that
corrective measures have been taken.
(B) The Secretary of State shall, following a change of
national government in El Salvador, Guatemala, or Honduras,
determine and report to the appropriate congressional
committees that any new government has committed to take the
steps to meet the requirements of paragraphs (3)(A) and
(3)(B): Provided, That if the Secretary is unable to make
such a determination in a timely manner, assistance made
available under this subsection for such central government
shall be suspended, in whole or in part, until such time as
such determination and report can be made.
(5) Programs and transfer of funds.--
(A) Funds appropriated by this Act for the Central America
Regional Security Initiative may be made available, after
consultation with, and subject to the regular notification
procedures of, the Committees on Appropriations, to support
international commissions against impunity in Honduras and El
Salvador, if such commissions are established.
(B) The Department of State and USAID may, following
consultation with the Committees on Appropriations, transfer
funds made available by this Act under the heading
``Development Assistance'' to the Inter-American Development
Bank and the Inter-American Foundation for technical
assistance in support of the Strategy.
(b) Colombia.--
(1) Assistance.--Funds appropriated by this Act and made
available to the Department of State for assistance for the
Government of Colombia may be used to support a
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unified campaign against narcotics trafficking, organizations
designated as Foreign Terrorist Organizations, and other
criminal or illegal armed groups, and to take actions to
protect human health and welfare in emergency circumstances,
including undertaking rescue operations: Provided, That the
first through fifth provisos of paragraph (1), and paragraph
(3) of section 7045(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74) shall continue in effect
during fiscal year 2016 and shall apply to funds appropriated
by this Act and made available for assistance for Colombia as
if included in this Act: Provided further, That of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $133,000,000 shall be made available
for assistance for Colombia, of which not less than
$126,000,000 shall be apportioned directly to the United
States Agency for International Development, and $7,000,000
shall be transferred to, and merged with, funds appropriated
by this Act under the heading ``Migration and Refugee
Assistance'' for assistance for Colombian refugees in
neighboring countries.
(2)(A) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for assistance
for Colombia, 19 percent may be obligated only in accordance
with the conditions under section 7045 in the explanatory
statement described in section 4 (in the matter preceding
division A of this Consolidated Act).
(B) The limitations of this paragraph shall not apply to
funds made available under such heading for aviation
instruction and maintenance, and maritime security programs.
(3) Notification.--Funds appropriated by this Act that are
made available for assistance for Colombia to support the
implementation of a peace agreement shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(c) Haiti.--
(1) Funding.--Of the funds appropriated by this Act, not
more than $191,413,000 may be made available for assistance
for Haiti.
(2) Governance certification.--Funds made available in
paragraph (1) may not be made available for assistance for
the central Government of Haiti unless the Secretary of State
certifies and reports to the Committees on Appropriations
that the Government of Haiti is taking effective steps to--
(A) hold free and fair parliamentary elections and seat a
new Haitian Parliament;
(B) strengthen the rule of law in Haiti, including by
selecting judges in a transparent manner; respect the
independence of the judiciary; and improve governance by
implementing reforms to increase transparency and
accountability;
(C) combat corruption, including by implementing the anti-
corruption law enacted in 2014 and prosecuting corrupt
officials; and
(D) increase government revenues, including by implementing
tax reforms, and increase expenditures on public services.
(3) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
(d) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act should be
borne by the recipient country.
prohibition of payments to united nations members
Sec. 7046. None of the funds appropriated or made
available pursuant to titles III through VI of this Act for
carrying out the Foreign Assistance Act of 1961, may be used
to pay in whole or in part any assessments, arrearages, or
dues of any member of the United Nations or, from funds
appropriated by this Act to carry out chapter 1 of part I of
the Foreign Assistance Act of 1961, the costs for
participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
war crimes tribunals
Sec. 7047. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided,
That the determination required under this section shall be
in lieu of any determinations otherwise required under
section 552(c): Provided further, That funds made available
pursuant to this section shall be made available subject to
the regular notification procedures of the Committees on
Appropriations.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Of the funds appropriated under title I and under the
heading ``International Organizations and Programs'' in title
V of this Act that are available for contributions to the
United Nations (including the Department of Peacekeeping
Operations), any United Nations agency, or the Organization
of American States, 15 percent may not be obligated for such
organization, department, or agency until the Secretary of
State reports to the Committees on Appropriations that the
organization, department, or agency is--
(A) posting on a publicly available Web site, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
and
(B) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices
for--
(i) protection against retaliation for internal and lawful
public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to independent adjudicative bodies, including
external arbitration; and
(v) results that eliminate the effects of proven
retaliation.
(2) The restrictions imposed by or pursuant to paragraph
(1) may be waived on a case-by-case basis if the Secretary of
State determines and reports to the Committees on
Appropriations that such waiver is necessary to avert or
respond to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) None of the funds made available under title I of this
Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of
the United Nations if such agency, body, or commission is
chaired or presided over by a country, the government of
which the Secretary of State has determined, for purposes of
section 6(j)(1) of the Export Administration Act of 1979 as
continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. App. 2405(j)(1)), supports
international terrorism.
(2) None of the funds made available under title I of this
Act may be used by the Secretary of State as a contribution
to any organization, agency, commission, or program within
the United Nations system if such organization, agency,
commission, or program is chaired or presided over by a
country the government of which the Secretary of State has
determined, for purposes of section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, section 6(j)(1) of the Export Administration Act of
1979, or any other provision of law, is a government that has
repeatedly provided support for acts of international
terrorism.
(3) The Secretary of State may waive the restriction in
this subsection if the Secretary reports to the Committees on
Appropriations that to do so is in the national interest of
the United States.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of
the United Nations Human Rights Council unless the Secretary
of State determines and reports to the Committees on
Appropriations that participation in the Council is important
to the national interest of the United States and that the
Council is taking steps to remove Israel as a permanent
agenda item: Provided, That such report shall include a
description of the national interest served and the steps
taken to remove Israel as a permanent agenda item: Provided
further, That the Secretary of State shall report to the
Committees on Appropriations not later than September 30,
2016, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on
steps taken to remove Israel as a permanent agenda item.
(d) United Nations Relief and Works Agency.--Not later than
45 days after enactment of this Act, the Secretary of State
shall submit a report in writing to the Committees on
Appropriations on whether the United Nations Relief and Works
Agency (UNRWA) is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance
Act of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to
ensure they are only used for humanitarian or other
appropriate purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it
has taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States
law, and is taking steps to improve the financial
transparency of the organization; and
[[Page H9593]]
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in
a timely fashion the Board's recommendations.
(e) United Nations Capital Master Plan.--None of the funds
made available in this Act may be used for the design,
renovation, or construction of the United Nations
Headquarters in New York.
(f) Withholding Report.--Not later than 45 days after
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the
amount of funds available for obligation or expenditure in
fiscal year 2016 for contributions to any organization,
department, agency, or program within the United Nations
system or any international program that are withheld from
obligation or expenditure due to any provision of law:
Provided, That the Secretary of State shall update such
report each time additional funds are withheld by operation
of any provision of law: Provided further, That the
reprogramming of any withheld funds identified in such
report, including updates thereof, shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
community-based police assistance
Sec. 7049. (a) Authority.--Funds made available by titles
III and IV of this Act to carry out the provisions of chapter
1 of part I and chapters 4 and 6 of part II of the Foreign
Assistance Act of 1961, may be used, notwithstanding section
660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training
and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance
to foster civilian police roles that support democratic
governance, including assistance for programs to prevent
conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to the regular notification procedures of
the Committees on Appropriations.
prohibition on promotion of tobacco
Sec. 7050. 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.
international conferences
Sec. 7051. 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 of agencies or departments of the
United States Government who are stationed in the United
States, at any single international conference occurring
outside the United States, unless the Secretary of State
reports to the Committees on Appropriations at least 5 days
in advance that such attendance is important to the national
interest: Provided, That for purposes of this section the
term ``international conference'' shall mean a conference
attended by representatives of the United States Government
and of foreign governments, international organizations, or
nongovernmental organizations.
aircraft transfer and coordination
Sec. 7052. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used
for any other program and in any region, including for the
transportation of active and standby Civilian Response Corps
personnel and equipment during a deployment: Provided, That
the responsibility for policy decisions and justification for
the use of such transfer authority shall be the
responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility shall not be
delegated.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after the Secretary of State
determines and reports to the Committees on Appropriations
that the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and the United States Agency for
International Development (USAID) with funds made available
in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs
shall be coordinated under the authority of the appropriate
Chief of Mission: Provided, That such aircraft may be used
to transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department of
State and USAID programs and activities: Provided further,
That official travel for other agencies for other purposes
may be supported on a reimbursable basis, or without
reimbursement when traveling on a space available basis:
Provided further, That funds received by the Department of
State for the use of aircraft owned, leased, or chartered by
the Department of State may be credited to the Working
Capital Fund of the Department and shall be available for
expenses related to the purchase, lease, maintenance,
chartering, or operation of such aircraft.
(2) The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is
the transportation of personnel.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2011 (division F of Public Law 111-117)
shall apply to this Act: Provided, That the date ``September
30, 2009'' in subsection (f)(2)(B) of such section shall be
deemed to be ``September 30, 2015''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other
provision of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the clearance of
landmines and unexploded ordnance for humanitarian purposes
may be disposed of on a grant basis in foreign countries,
subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license
for cluster munitions may be issued, and no cluster munitions
or cluster munitions technology shall be sold or transferred,
unless--
(1) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments, and the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or cluster
munitions technology specifies that the cluster munitions
will only be used against clearly defined military targets
and will not be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533).
consular immunity
Sec. 7056. The Secretary of State, with the concurrence of
the Attorney General, may, on the basis of reciprocity and
under such terms and conditions as the Secretary may
determine, specify privileges and immunities for a consular
post, the members of a consular post and their families which
result in more favorable or less favorable treatment than is
provided in the Vienna Convention on Consular Relations, of
April 24, 1963 (T.I.A.S. 6820), entered into force for the
United States December 24, 1969: Provided, That prior to
exercising the authority of this section, the Secretary shall
consult with the appropriate congressional committees on the
circumstances that may warrant the need for privileges and
immunities providing more favorable or less favorable
treatment specified under such Convention.
united states agency for international development management
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds
made available in title III of this Act pursuant to or to
carry out the provisions of part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used by the United States Agency for International
Development (USAID) to hire and employ individuals in the
United States and overseas on a limited appointment basis
pursuant to the authority of sections 308 and 309 of the
Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2017.
(c) Conditions.--The authority of subsection (a) should
only be used to the extent that an equivalent number of
positions that are filled by personal services contractors or
other non-direct hire employees of USAID, who are compensated
with funds appropriated to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', are eliminated.
(d) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which the
responsibilities of such individual primarily relate:
Provided, That funds made available to carry out this section
may be transferred to, and merged with, funds appropriated by
this Act in title II under the heading ``Operating
Expenses''.
[[Page H9594]]
(e) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to
the authority of section 309 of the Foreign Service Act of
1980, may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(f) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to
natural disasters, or man-made disasters subject to the
regular notification procedures of the Committees on
Appropriations.
(g) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Food for Peace Act (Public Law 83-480),
may be used by USAID to employ up to 40 personal services
contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct,
interim support for new or expanded overseas programs and
activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more
than 15 of such contractors shall be assigned to any bureau
or office: Provided further, That such funds appropriated to
carry out title II of the Food for Peace Act (Public Law 83-
480), may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by
section 7059(o) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2011
(division F of Public Law 111-117) may be assigned to or
support programs in Afghanistan or Pakistan with funds made
available in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles
III and IV of this Act that are made available for bilateral
assistance for child survival activities or disease programs
including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs''
and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the
funds appropriated under title III of this Act, not less than
$575,000,000 should be made available for family planning/
reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Global Fund.--Of the funds appropriated by this Act
that are available for a contribution to the Global Fund to
Fight AIDS, Tuberculosis and Malaria (Global Fund), 10
percent should be withheld from obligation until the
Secretary of State determines and reports to the Committees
on Appropriations that the Global Fund is--
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the
Inspector General (OIG) to publish OIG reports on a public
Web site;
(2) providing sufficient resources to maintain an
independent OIG that--
(A) reports directly to the Board of the Global Fund;
(B) maintains a mandate to conduct thorough investigations
and programmatic audits, free from undue interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients, sub-
recipients, and Local Fund Agents;
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices
for--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to independent adjudicative bodies, including
external arbitration; and
(E) results that eliminate the effects of proven
retaliation; and
(4) implementing the recommendations contained in the
Consolidated Transformation Plan approved by the Board of the
Global Fund on November 21, 2011:
Provided, That such withholding shall not be in addition to
funds that are withheld from the Global Fund in fiscal year
2016 pursuant to the application of any other provision
contained in this or any other Act.
(c) Contagious Infectious Disease Outbreaks.--If the
Secretary of State determines and reports to the Committees
on Appropriations that an international infectious disease
outbreak is sustained, severe, and is spreading
internationally, or that it is in the national interest to
respond to a Public Health Emergency of International
Concern, funds made available under title III of this Act may
be made available to combat such infectious disease or public
health emergency: Provided, That funds made available
pursuant to the authority of this subsection shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this
Act shall be made available to promote gender equality in
United States Government diplomatic and development efforts
by raising the status, increasing the participation, and
protecting the rights of women and girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made
available to increase leadership opportunities for women in
countries where women and girls suffer discrimination due to
law, policy, or practice, by strengthening protections for
women's political status, expanding women's participation in
political parties and elections, and increasing women's
opportunities for leadership positions in the public and
private sectors at the local, provincial, and national
levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available
to implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police
and other security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-
based violence, including child marriage, rape, female
genital cutting and mutilation, and domestic violence, among
other forms of gender-based violence in conflict and non-
conflict settings.
(d) Women, Peace, and Security.--Funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', and ``International Narcotics Control and Law
Enforcement'' should be made available to support a multi-
year strategy to expand, and improve coordination of, United
States Government efforts to empower women as equal partners
in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected
by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to
women and girls.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $800,000,000 should be made available for
assistance for basic education, and such funds may be made
available notwithstanding any provision of law that restricts
assistance to foreign countries, except for the conditions
provided in this subsection: Provided, That such funds
should only be used to implement the stated objectives of
basic education programs for each Country Development
Cooperation Strategy or similar strategy regarding basic
education established by the United States Agency for
International Development (USAID).
(B) Not later than 30 days after enactment of this Act, the
USAID Administrator shall report to the Committees on
Appropriations on the status of cumulative unobligated
balances and obligated, but unexpended, balances in each
country where USAID provides basic education assistance and
such report shall also include details on the types of
contracts and grants provided and the goals and objectives of
such assistance: Provided, That the USAID Administrator
shall update such report on a monthly basis during fiscal
year 2016: Provided further, That if the USAID Administrator
determines that any unobligated balances of funds
specifically designated for assistance for basic education in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs are in excess of the
absorptive capacity of recipient countries, such funds may be
made available for other programs authorized under chapter 1
of part I of the Foreign Assistance Act of 1961,
notwithstanding such funding designation: Provided further,
That the authority of the previous proviso shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(C) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$70,000,000 shall be made available for a contribution to
[[Page H9595]]
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $225,000,000 shall be made
available for assistance for higher education, including not
less than $35,000,000 for new partnerships between higher
education institutions in the United States and developing
countries: Provided, That such funds may be made available
notwithstanding any other provision of law that restricts
assistance to foreign countries, and shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(b) Development Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not
less than $26,000,000 shall be made available for the
American Schools and Hospitals Abroad program, and not less
than $11,000,000 shall be made available for cooperative
development programs of USAID.
(c) Environment Programs.--
(1) Authority.--Funds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law except for the
provisions of this subsection and only subject to the
reporting procedures of the Committees on Appropriations, to
support environment programs.
(2) Conservation programs and limitations.--
(A) Of the funds appropriated under title III of this Act,
not less than $265,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $80,000,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching and
trafficking.
(C) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance
for any military unit or personnel that the Secretary of
State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the
Secretary reports to the Committees on Appropriations that to
do so is in the national security interests of the United
States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the Secretary
of the Treasury shall instruct the United States executive
directors of each international financial institutions (IFI)
to vote against any financing of any such activity.
(3) Large dams.--The Secretary of the Treasury shall
instruct the United States executive director of each IFI
that it is the policy of the United States to vote in
relation to any loan, grant, strategy, or policy of such
institution to support the construction of any large dam
consistent with the criteria set forth in Senate Report 114-
79, while also considering whether the project involves
important foreign policy objectives.
(4) Sustainable landscapes.--Of the funds appropriated
under title III of this Act, not less than $123,500,000 shall
be made available for sustainable landscape programs.
(5) Transfer of funds.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', $9,720,000
shall be transferred to, and merged with, funds appropriated
under the heading ``Contribution to the Strategic Climate
Fund'', and such transfer shall occur not later than 120 days
after the date of enactment of this Act.
(d) Food Security and Agricultural Development.--
(1) Of the funds appropriated by title III of this Act, not
less than $1,000,600,000 should be made available for food
security and agricultural development programs, of which not
less than $50,000,000 shall be made available for the Feed
the Future Innovation Labs: Provided, That such funds may be
made available notwithstanding any other provision of law to
prevent or address food shortages, and for a United States
contribution to the endowment of the Global Crop Diversity
Trust.
(2) Funds appropriated under title III of this Act may be
made available as a contribution to the Global Agriculture
and Food Security Program if such contribution will not cause
the United States to exceed 33 percent of the total amount of
funds contributed to such Program.
(e) Microenterprise and Microfinance.--Of the funds
appropriated by this Act, not less than $265,000,000 should
be made available for microenterprise and microfinance
development programs for the poor, especially women.
(f) Programs To Combat Trafficking in Persons and Modern
Slavery.--
(1) Trafficking in persons.--
(A) Of the funds appropriated by this Act under the
headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'',
and ``International Narcotics Control and Law Enforcement'',
not less than $60,000,000 shall be made available for
activities to combat trafficking in persons internationally.
(B) Funds made available in the previous paragraph shall be
made available to support a multifaceted approach to combat
human trafficking in Guatemala: Provided, That the Secretary
of State shall consult with the Committees on Appropriations,
not later than 30 days after enactment of this Act, on the
use of such funds.
(2) Modern slavery.--Of the funds appropriated by this Act
under the headings ``Development Assistance'' and
``International Narcotics Control and Law Enforcement'', in
addition to funds made available pursuant to paragraph (1),
$25,000,000 shall be made available for a grant or grants, to
be awarded on an open and competitive basis, to reduce the
prevalence of modern slavery globally: Provided, That such
funds shall only be made available in fiscal year 2016 to
carry out the End Modern Slavery Initiative Act of 2015 (S.
553, 114th Congress), as reported to the Senate, if such bill
is enacted into law: Provided further, That if such bill is
not enacted into law in fiscal year 2016, funds made
available pursuant to this subsection shall be made available
for other programs to combat trafficking in persons and
modern slavery, following consultation with the appropriate
congressional committees.
(g) Reconciliation Programs.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``Development Assistance'', not less than $26,000,000 shall
be made available to support people-to-people reconciliation
programs which bring together individuals of different
ethnic, religious, and political backgrounds from areas of
civil strife and war: Provided, That the USAID Administrator
shall consult with the Committees on Appropriations, prior to
the initial obligation of funds, on the uses of such funds,
and such funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That to the maximum extent practicable, such funds
shall be matched by sources other than the United States
Government.
(h) Water and Sanitation.--Of the funds appropriated by
this Act, not less than $400,000,000 shall be made available
for water supply and sanitation projects pursuant to the
Senator Paul Simon Water for the Poor Act of 2005 (Public Law
109-121), of which not less than $145,000,000 shall be for
programs in sub-Saharan Africa, and of which not less than
$14,000,000 shall be made available for programs to design
and build safe, public latrines in Africa and Asia.
overseas private investment corporation
Sec. 7061. (a) Transfer.--Whenever the President determines
that it is in furtherance of the purposes of the Foreign
Assistance Act of 1961, up to a total of $20,000,000 of the
funds appropriated under title III of this Act may be
transferred to, and merged with, funds appropriated by this
Act for the Overseas Private Investment Corporation Program
Account, to be subject to the terms and conditions of that
account: Provided, That such funds shall not be available
for administrative expenses of the Overseas Private
Investment Corporation: Provided further, That designated
funding levels in this Act shall not be transferred pursuant
to this section: Provided further, That the exercise of such
authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Authority.--Notwithstanding section 235(a)(2) of the
Foreign Assistance Act of 1961, the authority of subsections
(a) through (c) of section 234 of such Act shall remain in
effect until September 30, 2016.
arms trade treaty
Sec. 7062. None of the funds appropriated 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.
countries impacted by significant refugee populations or internally
displaced persons
Sec. 7063. Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support
Fund'' shall be made available for programs in countries
affected by significant populations of internally displaced
persons or refugees to--
(1) expand and improve host government social services and
basic infrastructure to accommodate the needs of such
populations and persons;
(2) alleviate the social and economic strains placed on
host communities;
(3) improve coordination of such assistance in a more
effective and sustainable manner; and
(4) leverage increased assistance from donors other than
the United States Government for central governments and
local communities in such countries.
reporting requirements concerning individuals detained at naval
station, guantanamo bay, cuba
Sec. 7064. Not later than 5 days after the conclusion of
an agreement with a country, including a state with a compact
of free association with the United States, to receive by
transfer or release individuals detained at United States
Naval Station, Guantanamo Bay, Cuba, the Secretary of State
shall notify the Committees on Appropriations in writing of
the terms of the agreement, including whether funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs will be made available for assistance for such
country pursuant to such agreement.
multi-year pledges
Sec. 7065. None of the funds appropriated by this Act may
be used to make any pledge for future year funding for any
multilateral or bilateral program funded in titles III
[[Page H9596]]
through VI of this Act unless such pledge was--
(1) previously justified, including the projected future
year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at
least 7 days in advance of the pledge.
prohibition on use of torture
Sec. 7066. (a) Limitation.--None of the funds made
available in this Act may be used to support or justify the
use of torture, cruel, or inhumane treatment by any official
or contract employee of the United States Government.
(b) Assistance to Eliminate Torture.--Funds appropriated
under titles III and IV of this Act shall be made available,
notwithstanding section 660 of the Foreign Assistance Act of
1961 and following consultation with the Committees on
Appropriations, for assistance to eliminate torture by
foreign police, military or other security forces in
countries receiving assistance from funds appropriated by
this Act.
extradition
Sec. 7067. (a) Limitation.--None of the funds appropriated
in this Act may be used to provide assistance (other than
funds provided under the headings ``International Disaster
Assistance'', ``Complex Crises Fund'', ``International
Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``United States Emergency Refugee and
Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of
State of its refusal to extradite to the United States any
individual indicted for a criminal offense for which the
maximum penalty is life imprisonment without the possibility
of parole or for killing a law enforcement officer, as
specified in a United States extradition request.
(b) Clarification.--Subsection (a) shall only apply to the
central government of a country with which the United States
maintains diplomatic relations and with which the United
States has an extradition treaty and the government of that
country is in violation of the terms and conditions of the
treaty.
(c) Waiver.--The Secretary of State may waive the
restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that
such waiver is important to the national interests of the
United States.
commercial leasing of defense articles
Sec. 7068. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a)
of the Arms Export Control Act may be used to provide
financing to Israel, Egypt, and the North Atlantic Treaty
Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons
for those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
independent states of the former soviet union
Sec. 7069. (a) Assistance for Ukraine.--Of the funds
appropriated by this Act under titles III through VI, not
less than $658,185,000 shall be made available for assistance
for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for a government of an
Independent State of the former Soviet Union if that
government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent
State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: Provided, That except as
otherwise provided in section 7070(a) of this Act, funds may
be made available without regard to the restriction in this
subsection if the President determines that to do so is in
the national security interest of the United States:
Provided further, That prior to executing the authority
contained in this subsection the Department of State shall
consult with the Committees on Appropriations on how such
assistance supports the national security interest of the
United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of
the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of the
Defense Against Weapons of Mass Destruction Act of 1996 (50
U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
russia
Sec. 7070. (a) Limitation.--None of the funds appropriated
by this Act may be made available for assistance for the
central Government of the Russian Federation.
(b) Determination and Conditions.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian
Federation annexation of Crimea: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive
the restriction on assistance required by this paragraph if
the Secretary certifies to such Committees that to do so is
in the national interest of the United States, and includes a
justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea, if such activity
includes the participation of Russian Government officials,
or other Russian owned or controlled financial entities; or
(C) assistance for Crimea, if such assistance includes the
participation of Russian Government officials, or other
Russian owned or controlled financial entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such
institution (including but not limited to any loan, credit,
or guarantee) for any program that violates the sovereignty
or territorial integrity of Ukraine.
(4) The requirements and limitations of this subsection
shall cease to be in effect if the Secretary of State
certifies and reports to the Committees on Appropriations
that the Government of Ukraine has reestablished sovereignty
over Crimea.
(c) Assistance to Reduce Vulnerability and Pressure.--Funds
appropriated by this Act for assistance for the Eastern
Partnership countries shall be made available to advance the
implementation of Association Agreements and trade agreements
with the European Union, and to reduce their vulnerability to
external economic and political pressure from the Russian
Federation.
(d) Democracy Programs.--Funds appropriated by this Act
shall be made available to support the advancement of
democracy and the rule of law in the Russian Federation,
including to promote Internet freedom, and shall also be made
available to support the democracy and rule of law strategy
required by section 7071(d) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76).
(e) Reports.--Not later than 45 days after enactment of
this Act, the Secretary of State shall update the reports
required by section 7071(b)(2), (c), and (e) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
international monetary fund
Sec. 7071. (a) Extensions.--The terms and conditions of
sections 7086(b) (1) and (2) and 7090(a) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Monetary Fund (IMF) to seek to ensure that any
loan will be repaid to the IMF before other private
creditors.
special defense acquisition fund
Sec. 7072. Not to exceed $900,000,000 may be obligated
pursuant to section 51(c)(2) of the Arms Export Control Act
for the purposes of the Special Defense Acquisition Fund
(Fund), to remain available for obligation until September
30, 2018: Provided, That the provision of defense articles
and defense services to foreign countries or international
organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
countering foreign fighters and violent extremist organizations
Sec. 7073. (a) Countering Foreign Fighters and Violent
Extremist Organizations.--Funds appropriated under titles III
and IV of this Act shall be made available for programs to--
(1) counter the flow of foreign fighters to countries in
which violent extremists or violent extremist organizations
operate, including those entities designated as foreign
terrorist organizations (FTOs) pursuant to section 219 of the
Immigration and Nationality Act (Public Law 82-814),
including through programs with partner governments and
multilateral organizations to--
(A) counter recruitment campaigns by such entities;
[[Page H9597]]
(B) detect and disrupt foreign fighter travel, particularly
at points of origin;
(C) implement antiterrorism programs;
(D) secure borders, including points of infiltration and
exfiltration by such entities;
(E) implement and establish criminal laws and policies to
counter foreign fighters; and
(F) arrest, investigate, prosecute, and incarcerate
terrorist suspects, facilitators, and financiers; and
(2) reduce public support for violent extremists or violent
extremist organizations, including FTOs, by addressing the
specific drivers of radicalization, including through such
activities as--
(A) public messaging campaigns to damage their appeal;
(B) programs to engage communities and populations at risk
of violent extremist radicalization and recruitment;
(C) counter-radicalization and de-radicalization activities
for potential and former violent extremists and returning
foreign fighters, including in prisons;
(D) law enforcement training programs; and
(E) capacity building for civil society organizations to
combat radicalization in local communities.
(b) Strengthening the State System.--
(1) Funds appropriated under titles III and IV of this Act
shall be made available for programs to strengthen the state
system and counter violent extremists and violent extremist
organizations, including FTOs, by supporting security and
governance programs in countries whose stability and
legitimacy are directly threatened by violence against state
institutions by such entities, including at the national and
local levels, and in fragile states bordering such countries.
(2) Programs funded pursuant to paragraph (1) shall
prioritize activities to improve governance, including by--
(A) promoting civil society;
(B) strengthening the rule of law;
(C) professionalizing security services;
(D) increasing transparency and accountability;
(E) combating corruption; and
(F) protecting human rights.
(c) Requirements.--
(1) The Secretary of State shall ensure that the programs
described in subsection (a) are coordinated with and
complement the efforts of other United States Government
agencies and international partners, and that such programs
are consistent with all applicable laws, regulations, and
policies regarding the use of foreign assistance funds:
Provided, That the Secretary shall also ensure that
information gained through the conduct of programs described
in subsection (a)(1) is shared in a timely manner with
relevant United States Government agencies and other
international partners, as appropriate.
(2) Prior to the obligation of funds appropriated by this
Act and made available for the purposes of this section, the
Secretary of State shall ensure that mechanisms are in place
for appropriate monitoring, oversight, and control of such
assistance: Provided, That the Secretary shall promptly
inform the appropriate congressional committees of each
significant instance in which assistance provided for such
purposes has been compromised, including the amount and type
of assistance affected, a description of the incident and
parties involved, and an explanation of the response of the
Department of State.
(3) Funds appropriated by this Act that are made available
for programs described in subsection (a) shall be subject to
the regular notification procedures of the Committees on
Appropriations, and are subject to the additional
requirements contained under section 7073 in the explanatory
statement described in section 4 (in the matter preceding
division A of this Consolidated Act): Provided, That for the
purposes of funds appropriated by this Act that are made
available for countering violent extremism, as justified to
the Committees on Appropriations in the Congressional Budget
Justification, Foreign Operations, Fiscal Year 2016, such
funds shall only be made available for programs described in
subsection (a)(2).
enterprise funds
Sec. 7074. (a) Notification Requirement.--None of the funds
made available under titles III through VI of this Act may be
made available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution
of any assets resulting from any liquidation, dissolution, or
winding up of an Enterprise Fund, in whole or in part, the
President shall submit to the appropriate congressional
committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to
and operation of any private equity fund or other parallel
investment fund under an existing Enterprise Fund, the
President shall submit such transition or operating plan to
the appropriate congressional committees.
use of funds in contravention of this act
Sec. 7075. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program and policy.
budget documents
Sec. 7076. (a) Operating Plans.--Not later than 45 days
after the date of enactment of this Act, each department,
agency, or organization funded in titles I, II, and VI of
this Act, and the Department of the Treasury and Independent
Agencies funded in title III of this Act, including the
Inter-American Foundation and the United States African
Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to
such department, agency, or organization in such titles of
this Act, or funds otherwise available for obligation in
fiscal year 2016, that provides details of the uses of such
funds at the program, project, and activity level: Provided,
That such plans shall include, as applicable, a comparison
between the most recent congressional directives or approved
funding levels and the funding levels proposed by the
department or agency; and a clear, concise, and informative
description/justification: Provided further, That if such
department, agency, or organization receives an additional
amount under the same heading in title VIII of this Act,
operating plans required by this subsection shall include
consolidated information on all such funds: Provided
further, That operating plans that include changes in levels
of funding for programs, projects, and activities specified
in the congressional budget justification, in this Act, or
amounts specifically designated in the respective tables
included in the explanatory statement described in section 4
(in the matter preceding division A of this Consolidated
Act), as applicable, shall be subject to the notification and
reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development (USAID), as appropriate, shall
submit to the Committees on Appropriations a detailed spend
plan for funds made available by this Act, for--
(A) assistance for Afghanistan, Lebanon, Pakistan, and the
West Bank and Gaza;
(B) Power Africa and the regional security initiatives
listed under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this Consolidated Act): Provided, That the spend plan for
such initiatives shall include the amount of assistance
planned for each country by account, to the maximum extent
practicable; and
(C) democracy programs and sectors enumerated in
subsections (a), (c)(2), (d)(1), (e), (f), and (h) of section
7060 of this Act.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Spending Report.--Not later than 45 days after
enactment of this Act, the USAID Administrator shall submit
to the Committees on Appropriations a detailed report on
spending of funds made available during fiscal year 2015
under the heading ``Development Credit Authority''.
(d) Notifications.--The spend plans referenced in
subsection (b) shall not be considered as meeting the
notification requirements in this Act or under section 634A
of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) The congressional budget justification for Department
of State operations and foreign operations shall be provided
to the Committees on Appropriations concurrent with the date
of submission of the President's budget for fiscal year 2017:
Provided, That the appendices for such justification shall
be provided to the Committees on Appropriations not later
than 10 calendar days thereafter.
(2) The Secretary of State and the USAID Administrator
shall include in the congressional budget justification a
detailed justification for multi-year availability for any
funds requested under the headings ``Diplomatic and Consular
Programs'' and ``Operating Expenses''.
reports and records management
Sec. 7077. (a) Public Posting of Reports.--
(1) Requirement.--Any agency receiving funds made available
by this Act shall, subject to paragraphs (2) and (3), post on
the publicly available Web site of such agency any report
required by this Act to be submitted to the Committees on
Appropriations, upon a determination by the head of such
agency that to do so is in the national interest.
(2) Exceptions.--Paragraph (1) shall not apply to a report
if--
(A) the public posting of such report would compromise
national security, including the conduct of diplomacy; or
(B) the report contains proprietary, privileged, or
sensitive information.
(3) Timing and intention.--The head of the agency posting
such report shall, unless otherwise provided for in this Act,
do so only after such report has been made available to the
Committees on Appropriations for not less than 45 days:
Provided, That any report required by this Act to be
submitted to the Committees on Appropriations shall include
information from the submitting agency on whether such report
will be publicly posted.
[[Page H9598]]
(b) Requests for Documents.--None of the funds appropriated
or made available pursuant to titles III through VI of this
Act shall be available to a nongovernmental organization,
including any contractor, which fails to provide upon timely
request any document, file, or record necessary to the
auditing requirements of the Department of State and the
United States Agency for International Development (USAID).
(c) Records Management.--
(1) Limitation and directives.--
(A) None of the funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'' and ``Capital
Investment Fund'' in title I, and ``Operating Expenses'' in
title II that are made available to the Department of State
and USAID may be made available to support the use or
establishment of email accounts or email servers created
outside the .gov domain or not fitted for automated records
management as part of a Federal government records management
program in contravention of the Presidential and Federal
Records Act Amendments of 2014 (Public Law 113-187).
(B) The Secretary of State and USAID Administrator shall--
(i) update the policies, directives, and oversight
necessary to comply with Federal statutes, regulations, and
presidential executive orders and memoranda concerning the
preservation of all records made or received in the conduct
of official business, including record emails, instant
messaging, and other online tools;
(ii) use funds appropriated by this Act under the headings
``Diplomatic and Consular Programs'' and ``Capital Investment
Fund'' in title I, and ``Operating Expenses'' in title II, as
appropriate, to improve Federal records management pursuant
to the Federal Records Act (44 U.S.C. Chapters 21, 29, 31,
and 33) and other applicable Federal records management
statutes, regulations, or policies for the Department of
State and USAID;
(iii) direct departing employees that all Federal records
generated by such employees, including senior officials,
belong to the Federal Government; and
(iv) measurably improve the response time for identifying
and retrieving Federal records.
(2) Report.--Not later than 30 days after enactment of this
Act, the Secretary of State and USAID Administrator shall
each submit a report to the Committees on Appropriations and
to the National Archives and Records Administration
detailing, as appropriate and where applicable--
(A) the policy of each agency regarding the use or the
establishment of email accounts or email servers created
outside the .gov domain or not fitted for automated records
management as part of a Federal government records management
program;
(B) the extent to which each agency is in compliance with
applicable Federal records management statutes, regulations,
and policies; and
(C) the steps required, including steps already taken, and
the associated costs, to--
(i) comply with paragraph (1)(B) of this subsection;
(ii) ensure that all employees at every level have been
instructed in procedures and processes to ensure that the
documentation of their official duties is captured,
preserved, managed, protected, and accessible in official
Government systems of the Department of State and USAID;
(iii) implement the recommendations of the Office of
Inspector General, United States Department of State (OIG),
in the March 2015 Review of State Messaging and Archive
Retrieval Toolset and Record Email (ISP-1-15-15) and any
recommendations from the OIG review of the records management
practices of the Department of State requested by the
Secretary on March 25, 2015, if completed;
(iv) reduce the backlog of Freedom of Information Act and
Congressional oversight requests, and measurably improve the
response time for answering such requests;
(v) strengthen cyber security measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain;
and
(vi) codify in the Foreign Affairs Manual and Automated
Directives System the updates referenced in paragraph (1)(B)
of this subsection, where appropriate.
(3) Report assessment.--Not later than 180 days after the
submission of the reports required by paragraph (2), the
Comptroller General of the United States, in consultation
with National Archives and Records Administration, as
appropriate, shall conduct an assessment of such reports, and
shall consult with the Committees on Appropriations on the
scope and requirements of such assessment.
(4) Funding.--Of funds appropriated by this Act under the
heading ``Capital Investment Fund'' in title I, $10,000,000
shall be withheld from obligation until the Secretary submits
the report required by paragraph (2).
global internet freedom
Sec. 7078. (a) Funding.--Of the funds available for
obligation during fiscal year 2016 under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Euraisa and Central Asia'', not less than $50,500,000 shall
be made available for programs to promote Internet freedom
globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of
expression on the Internet, and that are important to the
national interests of the United States: Provided further,
That funds made available pursuant to this section shall be
matched, to the maximum extent practicable, by sources other
than the United States Government, including from the private
sector.
(b) Requirements.--Funds made available pursuant to
subsection (a) shall be--
(1) coordinated with other democracy, governance, and
broadcasting programs funded by this Act under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', ``Complex Crises Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', and
shall be incorporated into country assistance, democracy
promotion, and broadcasting strategies, as appropriate;
(2) made available to the Bureau of Democracy, Human
Rights, and Labor, Department of State for programs to
implement the May 2011, International Strategy for Cyberspace
and the comprehensive strategy to promote Internet freedom
and access to information in Iran, as required by section 414
of the Iran Threat Reduction and Syria Human Rights Act of
2012 (22 U.S.C. 8754);
(3) made available to the Broadcasting Board of Governors
(BBG) to provide tools and techniques to access the Web sites
of BBG broadcasters that are censored, and to work with such
broadcasters to promote and distribute such tools and
techniques, including digital security techniques;
(4) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations;
to combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists;
(5) made available for research of key threats to Internet
freedom; the continued development of technologies that
provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and maintenance of the technological advantage
of the United States Government over such censorship
techniques: Provided, That the Secretary of State, in
consultation with the BBG Chairman, shall coordinate any such
research and development programs with other relevant United
States Government departments and agencies in order to share
information, technologies, and best practices, and to assess
the effectiveness of such technologies; and
(6) coordinated by the Assistant Secretary of State for
Democracy, Human Rights, and Labor, Department of State,
except that the uses of such funds made available under the
heading ``International Broadcasting Operations'' shall be
the responsibility of the BBG Chairman.
(c) Coordination and Spend Plans.--After consultation among
the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after
enactment of this Act, the Secretary of State and the BBG
Chairman shall submit to the Committees on Appropriations
spend plans for funds made available by this Act for programs
to promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to
ensure that such programs are not used for illicit purposes:
Provided, That the Department of State spend plan shall
include funding for all such programs for all relevant
Department of State and USAID offices and bureaus: Provided
further, That prior to the obligation of such funds, such
offices and bureaus shall consult with the Assistant
Secretary for Democracy, Human Rights, and Labor, Department
of State, to ensure that such programs support the Department
of State Internet freedom strategy.
disability programs
Sec. 7079. (a) Assistance.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' shall be made
available for programs and activities administered by the
United States Agency for International Development (USAID) to
address the needs and protect and promote the rights of
people with disabilities in developing countries, including
initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation,
sports, and integration of individuals with disabilities,
including for the cost of translation.
(b) Management, Oversight, and Technical Support.--Of the
funds made available pursuant to this section, 5 percent may
be used for USAID for management, oversight, and technical
support.
impact on jobs in the united states
Sec. 7080. None of the funds appropriated or otherwise
made available under titles III through VI of this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade
Act
[[Page H9599]]
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating
or transferring jobs from the United States to other
countries and adversely impacts the labor force in the United
States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Consolidated Appropriations Act, 2010;
(B) the modification proposed by the Overseas Private
Investment Corporation in November 2013 to the Corporation's
Environmental and Social Policy Statement relating to coal;
or
(C) the Supplemental Guidelines for High Carbon Intensity
Projects approved by the Export-Import Bank of the United
States on December 12, 2013,
when enforcement of such rule, regulation, policy, or
guidelines would prohibit, or have the effect of prohibiting,
any coal-fired or other power-generation project the purpose
of which is to: (i) provide affordable electricity in
International Development Association (IDA)-eligible
countries and IDA-blend countries; and (ii) increase exports
of goods and services from the United States or prevent the
loss of jobs from the United States.
country focus and selectivity
Sec. 7081. (a) Transition Plan Requirement.--Any bilateral
country assistance strategy developed after the date of
enactment of this Act for the provision of assistance for a
foreign country shall include a transition plan identifying
end goals and options for winding down, within a targeted
period of years, such bilateral assistance: Provided, That
such transition plan shall be developed by the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development (USAID), the
heads of other relevant Federal agencies, and officials of
such foreign government and representatives of civil society,
as appropriate.
(b) Targeted Transitions.--Not later than 180 days after
enactment of this Act, the Secretary of State, in
consultation with the USAID Administrator, the heads of other
relevant Federal agencies, and the Committees on
Appropriations, shall select at least one country in which to
establish and implement a transition program to seek to
reduce dependency on bilateral foreign assistance and create
greater self-sufficiency for such country: Provided, That
any such selection shall be of a country receiving assistance
with funds appropriated under titles III and IV of this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs that--
(1) is a long-time recipient of such assistance;
(2) has demonstrated, or has been assessed to possess, the
capacity for self-sufficiency; and
(3) is not impacted by conflict or crisis, including large
numbers of internally displaced persons or significant
refugee populations resulting from such conflict or crisis:
Provided further, That the Secretary shall consult with the
Committees on Appropriations prior to the selection of any
such country, and on the goals and targets for such program
to be established in the selected country: Provided further,
That such transition should exclude funding for democracy and
humanitarian assistance programs: Provided further, That
assistance may be resumed or continued for any such selected
country if the Secretary determines and reports to the
Committees on Appropriations that to do so is important to
the national interest of the United States, and such report
provides an explanation of such interest being served.
united nations population fund
Sec. 7082. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and
Programs'' in this Act for fiscal year 2016, $32,500,000
shall be made available for the United Nations Population
Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred
to the ``Global Health Programs'' account and shall be made
available for family planning, maternal, and reproductive
health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is
submitted.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular
Programs'', $2,561,808,000, to remain available until
September 30, 2017, of which $1,966,632,000 is for Worldwide
Security Protection and shall remain available until
expended: Provided, That the Secretary of State may transfer
up to $10,000,000 of the total funds made available under
this heading to any other appropriation of any department or
agency of the United States, upon the concurrence of the head
of such department or agency, to support operations in and
assistance for Afghanistan and to carry out the provisions of
the Foreign Assistance Act of 1961: Provided further, That
any such transfer shall be treated as a reprogramming of
funds under subsections (a) and (b) of section 7015 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 up to $15,000,000 of the
funds appropriated under this heading in this title may be
made available for Conflict Stabilization Operations and for
related reconstruction and stabilization assistance to
prevent or respond to conflict or civil strife in foreign
countries or regions, or to enable transition from such
strife: 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 inspector general
For an additional amount for ``Office of Inspector
General'', $66,600,000, to remain available until September
30, 2017, of which $56,900,000 shall be for the Special
Inspector General for Afghanistan Reconstruction (SIGAR) for
reconstruction oversight: Provided, That printing and
reproduction costs shall not exceed amounts for such costs
during fiscal year 2015: Provided further, That
notwithstanding any other provision of law, any employee of
SIGAR who completes at least 12 months of continuous service
after the date of enactment of this Act or who is employed on
the date on which SIGAR terminates, whichever occurs first,
shall acquire competitive status for appointment to any
position in the competitive service for which the employee
possesses the required qualifications: 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.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $747,851,000, to remain
available until expended, of which $735,201,000 shall be for
Worldwide Security Upgrades, acquisition, and construction as
authorized: 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.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $101,728,000: 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.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $1,794,088,000, 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.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'',
[[Page H9600]]
$10,700,000, 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.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$139,262,000, 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.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $1,919,421,000, to remain available until
expended: 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.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$37,000,000, to remain available until expended: 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.
complex crises fund
For an additional amount for ``Complex Crises Fund'',
$20,000,000, to remain available until expended: 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.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,422,673,000, 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.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe,
Eurasia and Central Asia'', $438,569,000, 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.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'' to respond to refugee crises, including in
Africa, the Near East, South and Central Asia, and Europe and
Eurasia, $2,127,114,000, to remain available until expended,
except that such funds shall not be made available for the
resettlement costs of refugees in the United States:
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.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $371,650,000, 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.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', $379,091,000, 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.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$469,269,000, 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: Provided further,
That funds available for obligation under this heading in
this Act may be used to pay assessed expenses of
international peacekeeping activities in Somalia, subject to
the regular notification procedures of the Committees on
Appropriations, except that such expenses shall not exceed
the level described in the final proviso under the heading
``Contributions for International Peacekeeping Activities''
in title I of this Act.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $1,288,176,000, 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.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law,
funds appropriated in this title are in addition to amounts
appropriated or otherwise made available in this Act for
fiscal year 2016.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to
appropriations accounts in this Act shall be available under
the authorities and conditions applicable to such
appropriations accounts.
transfer authority
Sec. 8003. (a)(1) Funds appropriated by this title in this
Act under the headings ``Transition Initiatives'', ``Complex
Crises Fund'', ``Economic Support Fund'', and ``Assistance
for Europe, Eurasia and Central Asia'' may be transferred to,
and merged with, funds appropriated by this title under such
headings.
(2) Funds appropriated by this title in this Act under the
headings ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Peacekeeping Operations'', and
``Foreign Military Financing Program'' may be transferred to,
and merged with, funds appropriated by this title under such
headings.
(3) Of the funds appropriated by this title under the
heading ``International Disaster Assistance'', up to
$600,000,000 may be transferred to, and merged with, funds
appropriated by this title under the heading ``Migration and
Refugee Assistance''.
(b) Notwithstanding any other provision of this section,
not to exceed $15,000,000 from funds appropriated under the
heading ``Foreign Military Financing Program'' by this title
in this Act and made available for the Europe and Eurasia
Regional program may be transferred to, and merged with,
funds previously made available under the heading ``Global
Security Contingency Fund'' which shall be available only for
programs in the Europe and Eurasia region.
(c) The transfer authority provided in subsection (a) may
only be exercised to address contingencies.
(d) The transfer authority provided in subsections (a) and
(b) shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations: Provided, That such transfer authority is in
addition to any transfer authority otherwise available under
any other provision of law, including section 610 of the
Foreign Assistance Act of 1961 which may be exercised by the
Secretary of State for the purposes of this title.
TITLE IX
OTHER MATTERS
MULTILATERAL ASSISTANCE
International Monetary Programs
united states quota, international monetary fund
direct loan program account
For an increase in the United States quota in the
International Monetary Fund, the dollar equivalent of
40,871,800,000 Special Drawing Rights, to remain available
until expended: Provided, That notwithstanding the provisos
under the heading ``International Assistance Programs--
International Monetary Programs--United States Quota,
International Monetary Fund'' in the Supplemental
Appropriations Act, 2009 (Public Law 111-32), the costs of
the amounts provided under this heading in this Act and in
Public Law 111-32 shall be estimated on a present value
basis, excluding administrative costs and any incidental
effects on governmental receipts or outlays: Provided
further, That for purposes of the previous proviso, the
discount rate for purposes of the present value calculation
shall be the appropriate interest rate on marketable Treasury
securities, adjusted for market risk: 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, as
amended: Provided further, That such amount shall be
available only if the President designates such amount, and
the related amount to be rescinded under the heading ``Loans
to the International Monetary Fund Direct Loan Program
Account'', as an emergency requirement pursuant to section
251(b)(2)(A)(i) and transmits such designation to the
Congress.
Loans to the International Monetary Fund
direct loan program account
(including rescission of funds)
Of the amounts provided under the heading ``International
Assistance Programs--International Monetary Programs--Loans
to International Monetary Fund'' in the Supplemental
Appropriations Act, 2009 (Public Law 111-32), the dollar
equivalent of
[[Page H9601]]
40,871,800,000 Special Drawing Rights is hereby permanently
rescinded as of the date when the rollback of the United
States credit arrangement in the New Arrangements to Borrow
of the International Monetary Fund is effective, but no
earlier than when the increase of the United States quota
authorized in section 72 of the Bretton Woods Agreements Act
(22 U.S.C. 286 et seq.) becomes effective: Provided, That
notwithstanding the second through fourth provisos under the
heading ``International Assistance Programs--International
Monetary Programs--Loans to International Monetary Fund'' in
Public Law 111-32, the costs of the amounts under this
heading in this Act and in Public Law 111-32 shall be
estimated on a present value basis, excluding administrative
costs and any incidental effects on governmental receipts or
outlays: Provided further, That for purposes of the previous
proviso, the discount rate for purposes of the present value
calculation shall be the appropriate interest rate on
marketable Treasury securities, adjusted for market risk:
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, as amended: Provided further, That such
amount shall be rescinded only if the President designates
such amount as an emergency requirement pursuant to section
251(b)(2)(A)(i) and transmits such designation to the
Congress.
GENERAL PROVISIONS
Limitations on and Expiration of Authority With Respect to New
Arrangements to Borrow
Sec. 9001. Section 17 of the Bretton Woods Agreements Act
(22 U.S.C. 286e-2) is amended--
(1) in subsection (a) by adding at the end the following:
``(5) The authority to make loans under this section shall
expire on December 16, 2022.'';
(2) in subsection (b), in paragraphs (1) and (2), by
inserting before the end period the following: ``, only to
the extent that amounts available for such loans are not
rescinded by an Act of Congress'';
(3) by adding the following subsection (e), which shall be
effective from the first day of the next period of renewal of
the NAB decision after enactment of this Act:
``(e) New Requirement for Activation of the New
Arrangements to Borrow
``(1) The Secretary of the Treasury shall include in the
certification and report required by paragraphs (a)(1),
(a)(2), (b)(1), and (b)(2) of this section prior to
activation an additional certification and report that--
``(A) the one-year forward commitment capacity of the IMF
(excluding borrowed resources) is expected to fall below
100,000,000,000 Special Drawing Rights during the period of
the NAB activation; and
``(B) activation of the NAB is in the United States
strategic economic interest with the reasons and analysis for
that determination.
``(2) Prior to submitting any certification and report
required by paragraphs (a)(1), (a)(2), (b)(1), and (b)(2) of
this section, the Secretary of the Treasury shall consult
with the appropriate congressional committees.''; and
(4) by adding at the end the following:
``(f) In this section, the term `appropriate congressional
committees' means the Committees on Appropriations and
Foreign Relations of the Senate and the Committees on
Appropriations and Financial Services of the House of
Representatives.''.
Acceptance of Amendments to Articles of Agreement; Quota Increase
Sec. 9002. The Bretton Woods Agreements Act (22 U.S.C. 286
et seq.) is amended by adding at the end the following:
``SEC. 71. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF
AGREEMENT OF THE FUND.
``The United States Governor of the Fund may accept the
amendments to the Articles of Agreement of the Fund as
proposed in resolution 66-2 of the Board of Governors of the
Fund.
``SEC. 72. QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund
may consent to an increase in the quota of the United States
in the Fund equivalent to 40,871,800,000 Special Drawing
Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in
such amounts as are provided in advance in appropriations
Acts.''.
Report on Methodology Used for Congressional Budget Office Cost
Estimates
Sec. 9003. (a) Report.--Not later than 180 days after the
date of enactment of this Act, the Director of the
Congressional Budget Office shall submit a report to the
appropriate congressional committees on the methodology used
and rationale for incorporating market risk in cost estimates
for the International Monetary Fund: Provided, That for the
purposes of this subsection, the term ``appropriate
congressional committees'' means--
(1) the Committees on Appropriations, Budget, Banking,
Housing and Urban Affairs, and Foreign Relations of the
Senate; and
(2) the Committees on Appropriations, Budget, and Financial
Services of the House of Representatives.
(b) Requirements.--The report submitted pursuant to
subsection (a) shall include matters relevant to the
evaluation of the budgetary effects of the participation of
the United States in the International Monetary Fund,
including the risks associated with--
(1) the current participation of the United States in the
International Monetary Fund, including the market risk of the
Fund;
(2) countries borrowing from the Fund;
(3) the various loan instruments and assistance activities
of the Fund; and
(4) past participation of the United States in the
International Monetary Fund, including the historical net
cost to the government of previous quota increases.
(c) Review.--Following the submission of the report
required by subsection (a), the Committees on Appropriations
and Budget of the Senate and the Committees on Appropriations
and Budget of the House of Representatives shall review the
Congressional Budget Office's market risk scoring methodology
and consider options for modifying the budgetary treatment of
new appropriations to the International Monetary Fund:
Provided, That in conducting such review, such committees
should consult with other interested parties, including the
Office of Management and Budget and the Congressional Budget
Office.
Required Consultations With Congress in Advance of Consideration of
Exceptional Access Lending
Sec. 9004. (a) In General.--The United States Executive
Director of the International Monetary Fund (the Fund) (or
any designee of the Executive Director) may not vote for the
approval of an exceptional access loan to be provided by the
Fund to a country unless, not later than 7 days before voting
to approve that loan (subject to subsection (c)), the
Secretary of the Treasury submits to the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Financial Services of the
House of Representatives--
(1) a report on the exceptional access program under which
the loan is to be provided, including a description of the
size and tenor of the program; and
(2) a debt sustainability analysis and related
documentation justifying the need for the loan.
(b) Elements.--A debt sustainability analysis under
subsection (a)(2) with respect to an exceptional access loan
shall include the following:
(1) any assumptions for growth of the gross domestic
product of the country that may receive the loan;
(2) an estimate of whether the public debt of that country
is sustainable in the medium term, consistent with the
exceptional access lending rules of the Fund;
(3) an estimate of the prospects of that country for
regaining access to private capital markets; and
(4) an evaluation of the probability of the success of
providing the exceptional access loan.
(c) Extraordinary Circumstances.--The Secretary may submit
the report and analysis required by subsection (a) to the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Financial
Services of the House of Representatives not later than 2
business days after a decision by the Executive Board of the
Fund to approve an exceptional access loan only if the
Secretary--
(1) determines and certifies that--
(A) an emergency exists in the country that applied for the
loan and that country requires immediate assistance to avoid
disrupting orderly financial markets; or
(B) other extraordinary circumstances exist that warrant
delaying the submission of the report and analysis; and
(2) submits with the report and analysis a detailed
explanation of the emergency or extraordinary circumstances
and the reasons for the delay.
(d) Form of Report and Analysis.--The report and debt
sustainability analysis and related documentation required by
subsection (a) may be submitted in classified form.
Repeal of Systemic Risk Exemption to Limitations to Access Policy of
the International Monetary Fund
Sec. 9005. (a) Position of the United States.--The
Secretary of the Treasury shall direct the United States
Executive Director of the International Monetary Fund (the
Fund) to use the voice and vote of the United States to urge
the Executive Board of the Fund to repeal the systemic risk
exemption to the debt sustainability criterion of the Fund's
exceptional access framework, as set forth in paragraph 3(b)
of Decision No. 14064-(08/18) of the Fund (relating to access
policy and limits in the credit tranches and under the
extended Fund facility and overall access to the Fund's
general resources, and exceptional access policy).
(b) Report Required.--The quota increase authorized by the
amendments made by section 9002 shall not be disbursed until
the Secretary of the Treasury reports to the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Financial Services of the
House of Representatives that the United States has taken all
necessary steps to secure repeal of the systemic risk
exemption to the framework described in subsection (a).
[[Page H9602]]
Annual Report on Lending, Surveillance, or Technical Assistance
Policies of the International Monetary Fund
Sec. 9006. Not later than one year after the date of the
enactment of this Act, and annually thereafter until 2025,
the Secretary of the Treasury shall submit to the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Financial Services of the
House of Representatives a written report that includes--
(1) a description of any changes in the policies of the
International Monetary Fund (the Fund) with respect to
lending, surveillance, or technical assistance;
(2) an analysis of whether those changes, if any, increase
or decrease the risk to United States financial commitments
to the Fund;
(3) an analysis of any new or ongoing exceptional access
loans of the Fund in place during the year preceding the
submission of the report; and
(4) a description of any changes to the exceptional access
policies of the Fund.
Report on Improving United States Participation in the International
Monetary Fund
Sec. 9007. Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall
submit to the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations
and Financial Services of the House of Representatives a
written report on ways to improve the effectiveness, and
mitigate the risks, of United States participation in the
International Monetary Fund (the Fund) that includes the
following:
(1) An analysis of recent changes to the surveillance
products and policies of the Fund and whether those products
and policies effectively address the shortcomings of
surveillance by the Fund in the periods preceding the global
financial crisis that began in 2008 and the European debt
crisis that began in 2009.
(2) A discussion of ways to better encourage countries to
implement policy recommendations of the Fund, including--
(A) whether the implementation rate of such policy
recommendations would increase if the Fund provided regular
status reports on whether countries have implemented its
policy recommendations; and
(B) whether or not lending by the Fund should be limited to
countries that have taken necessary steps to implement such
policy recommendations, including an analysis of the
potential effectiveness of that limitation.
(3) An analysis of the transparency policy of the Fund,
ways that transparency policy can be improved, and whether
such improvements would be beneficial.
(4) A detailed analysis of the riskiness of exceptional
access loans provided by the Fund, including--
(A) whether the additional interest rate surcharge is
working as intended to discourage large and prolonged use of
resources of the Fund; and
(B) whether it would be beneficial for the Fund to require
collateral when making exceptional access loans, and how
requiring collateral would affect the make-up of exceptional
access loans and the demand for such loans.
(5) A description of how the classification of loans
provided by the Fund would change if Fund quotas were
increased under the amendments to the Articles of Agreement
of the Fund proposed in resolution 66-2 of the Board of
Governors of the Fund, including an assessment of how the
quota increase would affect the classification of exceptional
access loans outstanding as of the date of the report and
whether the quota increase would lead to revisions of the
classification of such loans.
(6) A discussion and analysis of lessons learned from the
lending arrangements that included the Fund, the European
Commission, and the European Central Bank (commonly referred
to as the ``Troika'') during the European debt crisis.
(7) An analysis of the risks or benefits of increasing the
transparency of the technical assistance projects of the
Fund, including a discussion of--
(A) the advantages and disadvantages of the current
technical assistance disclosure policies of the Fund;
(B) how technical assistance from the Fund could be better
used to prevent crises from happening in the future; and
(C) whether and how the Fund coordinates technical
assistance projects with other organizations, including the
United States Department of the Treasury, to avoid
duplication of efforts.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2016''.
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$108,750,000, of which not to exceed $2,734,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,025,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $20,609,000 shall be
available for the Office of the General Counsel; not to
exceed $9,941,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$13,697,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,546,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $25,925,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,029,000 shall be
available for the Office of Public Affairs; not to exceed
$1,737,000 shall be available for the Office of the Executive
Secretariat; not to exceed $1,434,000 shall be available for
the Office of Small and Disadvantaged Business Utilization;
not to exceed $10,793,000 shall be available for the Office
of Intelligence, Security, and Emergency Response; and not to
exceed $16,280,000 shall be available for the Office of the
Chief Information Officer: Provided, That the Secretary of
Transportation 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 by all such transfers:
Provided further, That notice of any change in funding
greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation
within the Department for official reception and
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there
may be credited to this appropriation up to $2,500,000 in
funds received in user fees: Provided further, That none of
the funds provided in this Act shall be available for the
position of Assistant Secretary for Public Affairs: Provided
further, That not later than 60 days after the date of
enactment of this Act, the Secretary of Transportation shall
transmit to Congress the final Comprehensive Truck Size and
Weight Limits Study, as required by section 32801 of Public
Law 112-141.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $13,000,000,
of which $8,218,000 shall remain available until September
30, 2018: Provided, That there may be credited to this
appropriation, to be available until expended, funds received
from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law,
regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall
continue to be deemed to be a reference to the Office of the
Assistant Secretary for Research and Technology of the
Department of Transportation.
national infrastructure investments
For capital investments in surface transportation
infrastructure, $500,000,000, to remain available through
September 30, 2019: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a State,
local government, transit agency, or a collaboration among
such entities on a competitive basis for projects that will
have a significant impact on the Nation, a metropolitan area,
or a region: Provided further, That projects eligible for
funding provided under this heading shall include, but not be
limited to, highway or bridge projects eligible under title
23, United States Code; public transportation projects
eligible under chapter 53 of title 49, United States Code;
passenger and freight rail transportation projects; and port
infrastructure investments (including inland port
infrastructure and land ports of entry): Provided further,
That the Secretary may use up to 20 percent of the funds made
available under this heading for the purpose of paying the
subsidy and administrative costs of projects eligible for
Federal credit assistance under chapter 6 of title 23, United
States Code, if the Secretary finds that such use of the
funds would advance the purposes of this paragraph: Provided
further, That in distributing funds provided under this
heading, the Secretary shall take such measures so as to
ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and
rural areas, and the investment in a variety of
transportation modes: Provided further, That a grant funded
under this heading shall be not less than $5,000,000 and not
greater than $100,000,000: Provided further, That not more
than 20 percent of the funds made available under this
heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be, at
the option of the recipient, up to 80 percent: Provided
further, That the Secretary shall give priority to projects
that require a contribution of Federal funds in order to
complete an overall financing package: Provided further,
That not less than 20 percent of the funds provided under
this heading shall be for projects located in rural areas:
Provided further, That for projects located in rural areas,
the minimum grant size shall be $1,000,000 and the Secretary
may increase the Federal share of costs above 80 percent:
Provided further, That projects conducted using funds
provided under this heading must comply with the requirements
of subchapter IV of chapter 31 of title 40,
[[Page H9603]]
United States Code: Provided further, That the Secretary
shall conduct a new competition to select the grants and
credit assistance awarded under this heading: Provided
further, That the Secretary may retain up to $20,000,000 of
the funds provided under this heading, and may transfer
portions of those funds to the Administrators of the Federal
Highway Administration, the Federal Transit Administration,
the Federal Railroad Administration and the Maritime
Administration, to fund the award and oversight of grants and
credit assistance made under the National Infrastructure
Investments program.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $5,000,000, to remain
available through September 30, 2017.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to wide area network and
information technology infrastructure, improvement of network
perimeter controls and identity management, testing and
assessment of information technology against business,
security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure
enhancements, implementation of enhanced security controls on
network devices, and enhancement of cyber security workforce
training tools, $8,000,000, to remain available through
September 30, 2017.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,678,000.
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $8,500,000: Provided, That of such amount,
$2,500,000 shall be for necessary expenses to establish an
Interagency Infrastructure Permitting Improvement Center
(IIPIC) that will implement reforms to improve interagency
coordination and the expediting of projects related to the
permitting and environmental review of major transportation
infrastructure projects including one-time expenses to
develop and deploy information technology tools to track
project schedules and metrics and improve the transparency
and accountability of the permitting process: Provided
further, That there may be transferred to this appropriation,
to remain available until expended, amounts from other
Federal agencies for expenses incurred under this heading for
IIPIC activities not related to transportation
infrastructure: Provided further, That the tools and
analysis developed by the IIPIC shall be available to other
Federal agencies for the permitting and review of major
infrastructure projects not related to transportation only to
the extent that other Federal agencies provide funding to the
Department as provided for under the previous proviso.
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$190,039,000 shall be paid from appropriations made available
to the Department of Transportation: Provided, That such
services shall be provided on a competitive basis to entities
within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not
apply to non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department shall
be transferred to the Working Capital Fund without majority
approval of the Working Capital Fund Steering Committee and
approval of the Secretary: Provided further, That no
assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless
notice of such assessments and the basis therefor are
presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For the cost of guaranteed loans, $336,000, as authorized
by 49 U.S.C. 332: 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, not to
exceed $18,367,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, $597,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,084,000, to remain available until
September 30, 2017: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities
related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $175,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That basic essential air
service minimum requirements shall not include the 15-
passenger capacity requirement under subsection 41732(b)(3)
of title 49, United States Code: Provided further, That none
of the funds in this Act or any other Act shall be used to
enter into a new contract with a community located less than
40 miles from the nearest small hub airport before the
Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be
distributed for the essential air service program under
subsection 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. Notwithstanding section 3324 of title 31, United
States Code, in addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide payments in
advance to vendors that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order 13150 and section 3049 of Public Law
109-59: Provided, That the Department shall include adequate
safeguards in the contract with the vendors to ensure timely
and high-quality performance under the contract.
Sec. 103. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of
the Credit Council, including the agenda for each meeting,
and require the Credit Council to record the decisions and
actions of each meeting.
Sec. 104. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies for transit benefit distribution
services that are necessary to carry out the Federal transit
pass transportation fringe benefit program under Executive
Order No. 13150 and section 3049 of Public Law 109-59:
Provided, That the Department shall maintain a reasonable
operating reserve in the Working Capital Fund, to be expended
in advance to provide uninterrupted transit benefits to
Government employees, provided that such reserve will not
exceed one month of benefits payable: Provided further, that
such reserve may be used only for the purpose of providing
for the continuation of transit benefits, provided that the
Working Capital Fund will be fully reimbursed by each
customer agency for the actual cost of the transit benefit.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made
available by Public Law 112-95, $9,909,724,000 of which
$7,922,000,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $7,505,293,000 shall be
available for air traffic organization activities; not to
exceed $1,258,411,000 shall be available for aviation safety
activities; not to exceed $17,800,000 shall be available for
commercial space transportation activities; not to exceed
$760,500,000 shall be available for finance and management
activities; not to exceed $60,089,000 shall be available for
NextGen and operations planning activities; not to exceed
$100,880,000 shall be available for security and hazardous
materials safety; and not to exceed $206,751,000 shall be
available for staff offices: Provided, That not to exceed 2
percent of any budget activity, except for aviation safety
budget activity, may be transferred to any budget activity
under this heading: Provided further, That no transfer may
increase or decrease any appropriation by more than 2
percent: Provided further, That any transfer in excess of 2
percent shall be treated as a reprogramming of funds under
section 405 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
not later than March 31 of each fiscal year
[[Page H9604]]
hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to
section 221 of Public Law 108-176: Provided further, That
the amount herein appropriated shall be reduced by $100,000
for each day after March 31 that such report has not been
submitted to the Congress: Provided further, That not later
than March 31 of each fiscal year hereafter, the
Administrator shall transmit to Congress a companion report
that describes a comprehensive strategy for staffing, hiring,
and training flight standards and aircraft certification
staff in a format similar to the one utilized for the
controller staffing plan, including stated attrition
estimates and numerical hiring goals by fiscal year:
Provided further, That the amount herein appropriated shall
be reduced by $100,000 per day for each day after March 31
that such report has not been submitted to Congress:
Provided further, That funds may be used to enter into a
grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $154,400,000
shall be for the contract tower program, including the
contract tower cost share program: Provided further, That
none of the funds in this Act for aeronautical charting and
cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund: Provided
further, That not later than 60 days after enactment of this
Act, the Administrator shall review and update the agency's
``Community Involvement Manual'' related to new air traffic
procedures, public outreach and community involvement:
Provided further, That the Administrator shall complete and
implement a plan which enhances community involvement
techniques and proactively addresses concerns associated with
performance based navigation projects: Provided further,
That the Administrator shall transmit, in electronic format,
the community involvement manual and plan to the House and
Senate Committees on Appropriations, the House Committee on
Transportation and Infrastructure, and the Senate Committee
on Commerce, Science and Transportation not later than 180
days after enactment of this Act.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway
Trust Fund, $2,855,000,000, of which $470,049,000 shall
remain available until September 30, 2016, and $2,384,951,000
shall remain available until September 30, 2018: Provided,
That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national
airspace systems: Provided further, That no later than March
31, the Secretary of Transportation shall transmit to the
Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line
item for fiscal years 2017 through 2021, with total funding
for each year of the plan constrained to the funding targets
for those years as estimated and approved by the Office of
Management and Budget: Provided further, That the amount
herein appropriated shall be reduced by $100,000 per day for
each day after March 31 that such report has not been
submitted to Congress.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$166,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2018:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,600,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,350,000,000 in fiscal year 2016,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding section 47109(a) of title 49, United States
Code, the Government's share of allowable project costs under
paragraph (2) for subgrants or paragraph (3) of that section
shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor
received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not
more than $107,100,000 shall be obligated for administration,
not less than $15,000,000 shall be available for the Airport
Cooperative Research Program, not less than $31,000,000 shall
be available for Airport Technology Research, and $5,000,000,
to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and
Expenses'' to carry out the Small Community Air Service
Development Program: Provided further, That in addition to
airports eligible under section 41743 of title 49, such
program may include the participation of an airport that
serves a community or consortium that is not larger than a
small hub airport, according to FAA hub classifications
effective at the time the Office of the Secretary issues a
request for proposals.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2016.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds
in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303 and any amount remaining in such account at the
close of that fiscal year may be made available to satisfy
section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate
[[Page H9605]]
through use of a Government-issued credit card.
Sec. 116. The Secretary shall apportion to the sponsor of
an airport that received scheduled or unscheduled air service
from a large certified air carrier (as defined in part 241 of
title 14 Code of Federal Regulations, or such other
regulations as may be issued by the Secretary under the
authority of section 41709) an amount equal to the minimum
apportionment specified in 49 U.S.C. 47114(c), if the
Secretary determines that airport had more than 10,000
passenger boardings in the preceding calendar year, based on
data submitted to the Secretary under part 241 of title 14,
Code of Federal Regulations.
Sec. 117. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Assistant Secretary for Administration of the
Department of Transportation.
Sec. 118. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number from any display of the Federal Aviation
Administration's Aircraft Situational Display to Industry
data that is made available to the public, except data made
available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 119. None of the funds in this Act shall be available
for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation
Administration.
Sec. 119A. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of
title 49, United States Code, until the FAA provides to the
House and Senate Committees on Appropriations a report that
justifies all fees related to aeronautical navigation
products and explains how such fees are consistent with
Executive Order 13642.
Sec. 119B. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation
Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Sec. 119C. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $425,752,000, together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration. In addition, not to exceed $3,248,000 shall
be transferred to the Appalachian Regional Commission in
accordance with section 104 of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
Federal-aid highway and highway safety construction programs
authorized under titles 23 and 49, United States Code, and
the provisions of the Fixing America's Surface Transportation
Act shall not exceed total obligations of $42,361,000,000 for
fiscal year 2016: Provided, That the Secretary may collect
and spend fees, as authorized by title 23, United States
Code, to cover the costs of services of expert firms,
including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs
to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available
until expended to pay for such costs: Provided further, That
such amounts are in addition to administrative expenses that
are also available for such purpose, and are not subject to
any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
Federal-aid highway and highway safety construction programs
authorized under title 23, United States Code,
$43,100,000,000 derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until
expended.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2016, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under sections 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under the Fixing America's Surface
Transportation Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of
that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2016, only in an amount
equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect
[[Page H9606]]
on the day before the date of enactment of Public Law 112-
141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface Transportation
Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses: Provided, That
such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
provide an annual report to the House and Senate Committees
on Appropriations on any waivers granted under the Buy
America requirements.
Sec. 123. None of the funds in this Act to the Department
of Transportation may be used to provide credit assistance
unless not less than 3 days before any application approval
to provide credit assistance under sections 603 and 604 of
title 23, United States Code, the Secretary of Transportation
provides notification in writing to the following committees:
the House and Senate Committees on Appropriations; the
Committee on Environment and Public Works and the Committee
on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House
of Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit
assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
Sec. 124. Section 127 of title 23, United States Code, is
amended--
(1) in each of subsections (a)(11)(A) and (B) by striking
``through December 31, 2031'', and
(2) by inserting at the end the following:
``(t) Vehicles in Idaho.--A vehicle limited or prohibited
under this section from operating on a segment of the
Interstate System in the State of Idaho may operate on such a
segment if such vehicle-
``(1) has a gross vehicle weight of 129,000 pounds or less;
``(2) other than gross vehicle weight, complies with the
single axle, tandem axle, and bridge formula limits set forth
in subsection (a); and
``(3) is authorized to operate on such segment under Idaho
State law.''.
Sec. 125. (a) A State or territory, as defined in section
165 of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation, provided that the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this
section and submits a quarterly report to the Secretary
identifying the projects to which the funding would be
applied. Notwithstanding the original period of availability
of funds to be obligated under this section, such funds and
associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal
year in which the Secretary of Transportation is notified.
The Federal share of the cost of a project carried out with
funds made available under this section shall be the same as
associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the fiscal year in which this Act
becomes effective, and administered by the Federal Highway
Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the fiscal year in which this Act
becomes effective, and administered by the Federal Highway
Administration.
(c) The authority under subsection (a) may be exercised
only for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of the effective date of this Act, and shall be
applied to projects within the same general geographic area
within 50 miles for which the funding was designated, except
that a State or territory may apply such authority to
unexpended balances of funds from projects or activities the
State or territory certifies have been closed and for which
payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each
quarter to the House and Senate Committees on Appropriations.
Sec. 126. Notwithstanding any other provision of law, the
amount that the Secretary sets aside for fiscal year 2016
under section 130(e)(1) of title 23, United States Code, for
the elimination of hazards and the installation of protective
devices at railway-highway crossings shall be $350,000,000.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110(a)-(c) of
title 49, United States Code, and section 4134 of Public Law
109-59, as amended by Public Law 112-141, as amended by the
Fixing America's Surface Transportation Act, $267,400,000, to
be derived from the Highway Trust Fund (other than the Mass
Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration,
the sum of which shall remain available until expended:
Provided, That funds available for implementation, execution
or administration of motor carrier safety operations and
programs authorized under title 49, United States Code, shall
not exceed total obligations of $267,400,000 for ``Motor
Carrier Safety Operations and Programs'' for fiscal year
2016, of which $9,000,000, to remain available for obligation
until September 30, 2018, is for the research and technology
program, and of which $34,545,000, to remain available for
obligation until September 30, 2018, is for information
management: Provided further, That $1,000,000 shall be made
available for commercial motor vehicle operator grants to
carry out section 4134 of Public Law 109-59, as amended by
Public Law 112-141, as amended by the Fixing America's
Surface Transportation Act.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313
of title 49, United States Code, and sections 4126 and 4128
of Public Law 109-59, as amended by Public Law 112-141, as
amended by the Fixing America's Surface Transportation Act,
$313,000,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That funds available for the
implementation or execution of motor carrier safety programs
shall not exceed total obligations of $313,000,000 in fiscal
year 2016 for ``Motor Carrier Safety Grants''; of which
$218,000,000 shall be available for the motor carrier safety
assistance program, $30,000,000 shall be available for
commercial driver's license program improvement grants,
$32,000,000 shall be available for border enforcement grants,
$5,000,000 shall be available for performance and
registration information system management grants,
$25,000,000 shall be available for the commercial vehicle
information systems and networks deployment program, and
$3,000,000 shall be available for safety data improvement
grants: Provided further, That, of the funds made available
herein for the motor carrier safety assistance program,
$32,000,000 shall be available for audits of new entrant
motor carriers.
administrative provisions--federal motor carrier safety administration
Sec. 130. (a) Funds appropriated or limited in this Act
shall be subject to the terms and
[[Page H9607]]
conditions stipulated in section 350 of Public Law 107-87 and
section 6901 of Public Law 110-28.
(b) Section 350(d) of the Department of Transportation and
Related Agencies Appropriation Act, 2002 (Public Law 107-87)
is hereby repealed.
Sec. 131. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by
certified mail, registered mail, or another manner of
delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 132. None of the funds limited or otherwise made
available under this Act, or any other Act, hereafter, shall
be used by the Secretary to enforce any regulation
prohibiting a State from issuing a commercial learner's
permit to individuals under the age of eighteen if the State
had a law authorizing the issuance of commercial learner's
permits to individuals under eighteen years of age as of May
9, 2011.
Sec. 133. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to
implement, administer, or enforce sections 395.3(c) and
395.3(d) of title 49, Code of Federal Regulations, and such
section shall have no force or effect on submission of the
final report issued by the Secretary, as required by section
133 of division K of Public Law 113-235, unless the Secretary
and the Inspector General of the Department of Transportation
each review and determine that the final report--
(1) meets the statutory requirements set forth in such
section; and
(2) establishes that commercial motor vehicle drivers who
operated under the restart provisions in effect between July
1, 2013, and the day before the date of enactment of such
Public Law demonstrated statistically significant improvement
in all outcomes related to safety, operator fatigue, driver
health and longevity, and work schedules, in comparison to
commercial motor vehicle drivers who operated under the
restart provisions in effect on June 30, 2013.
Sec. 134. None of the funds limited or otherwise made
available under the heading ``Motor Carrier Safety Operations
and Programs'' may be used to deny an application to renew a
Hazardous Materials Safety Program permit for a motor carrier
based on that carrier's Hazardous Materials Out-of-Service
rate, unless the carrier has the opportunity to submit a
written description of corrective actions taken, and other
documentation the carrier wishes the Secretary to consider,
including submitting a corrective action plan, and the
Secretary determines the actions or plan is insufficient to
address the safety concerns that resulted in that Hazardous
Materials Out-of-Service rate.
Sec. 135. None of the funds made available by this Act or
previous appropriations Acts under the heading ``Motor
Carrier Safety Operations and Programs'' shall be used to pay
for costs associated with design, development, testing, or
implementation of a wireless roadside inspection program
until 180 days after the Secretary of Transportation
certifies to the House and Senate Committees on
Appropriations that such program does not conflict with
existing non-Federal electronic screening systems, create
capabilities already available, or require additional
statutory authority to incorporate generated inspection data
into safety determinations or databases, and has restrictions
to specifically address privacy concerns of affected motor
carriers and operators: Provided, That nothing in this
section shall be construed as affecting the Department's
ongoing research efforts in this area.
Sec. 136. Section 13506(a) of title 49, United States
Code, is amended:
(1) in subsection (14) by striking ``or'';
(2) in subsection (15) by striking ``.'' and inserting ``;
or''; and
(3) by inserting at the end, ``(16) the transportation of
passengers by 9 to 15 passenger motor vehicles operated by
youth or family camps that provide recreational or
educational activities.''.
Sec. 137. (a) In General.--Section 31112(c)(5) of title 49,
United States Code, is amended--
(1) by striking ``Nebraska may'' and inserting ``Nebraska
and Kansas may''; and
(2) by striking ``the State of Nebraska'' and inserting
``the relevant state''.
(b) Conforming and Technical Amendments.--Section 31112(c)
of such title is amended--
(1) by striking the subsection designation and heading and
inserting the following:
``(c) Special Rules for Wyoming, Ohio, Alaska, Iowa,
Nebraska, and Kansas.--'';
(2) by striking ``; and'' at the end of paragraph (3) and
inserting a semicolon; and
(3) by striking the period at the end of paragraph (4) and
inserting ``; and''.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $152,800,000, of which
$20,000,000 shall remain available through September 30,
2017.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, and chapter 303 of title 49,
United States Code, $142,900,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That none of
the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in
fiscal year 2016, are in excess of $142,900,000, of which
$137,800,000 shall be for programs authorized under 23 U.S.C.
403 and $5,100,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $142,900,000 obligation
limitation for operations and research, $20,000,000 shall
remain available until September 30, 2017, and shall be in
addition to the amount of any limitation imposed on
obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of 23 U.S.C. 402, 404, and 405, and section
4001(a)(6) of the Fixing America's Surface Transportation
Act, to remain available until expended, $573,332,000, to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this
Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year
2016, are in excess of $573,332,000 for programs authorized
under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of
the Fixing America's Surface Transportation Act, of which
$243,500,000 shall be for ``Highway Safety Programs'' under
23 U.S.C. 402; $274,700,000 shall be for ``National Priority
Safety Programs'' under 23 U.S.C. 405; $29,300,000 shall be
for ``High Visibility Enforcement Program'' under 23 U.S.C.
404; $25,832,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act: Provided further, That none of these
funds shall be used for construction, rehabilitation, or
remodeling costs, or for office furnishings and fixtures for
State, local or private buildings or structures: Provided
further, That not to exceed $500,000 of the funds made
available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as
described in subsection (d) of that section) shall be
available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision
under 23 U.S.C. 405(a)(1)(G), any amounts transferred to
increase the amounts made available under section 402 shall
include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and
Senate Committees on Appropriations of any exercise of the
authority granted under the previous proviso or under 23
U.S.C. 405(a)(1)(G) within five days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. None of the funds made available by this Act may
be used to obligate or award funds for the National Highway
Traffic Safety Administration's National Roadside Survey.
Sec. 143. None of the funds made available by this Act may
be used to mandate global positioning system (GPS) tracking
in private passenger motor vehicles without providing full
and appropriate consideration of privacy concerns under 5
U.S.C. chapter 5, subchapter II.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $199,000,000, of
which $15,900,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $39,100,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue
direct loans and loan guarantees pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), as amended, such
authority to exist as long as any such direct loan or loan
guarantee is outstanding. Provided, That pursuant to section
502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for
the credit risk premium during fiscal year 2016.
railroad safety grants
For necessary expenses related to railroad safety grants,
$50,000,000, to remain available until expended, of which not
to exceed
[[Page H9608]]
$25,000,000 shall be available to carry out 49 U.S.C. 20167,
as in effect the day before the enactment of the Passenger
Rail Reform and Investment Act of 2015 (division A, title XI
of the Fixing America's Surface Transportation Act); and not
to exceed $25,000,000 shall be made available to carry out 49
U.S.C. 20158.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation, in
amounts based on the Secretary's assessment of the
Corporation's seasonal cash flow requirements, for the
operation of intercity passenger rail, as authorized by
section 101 of the Passenger Rail Investment and Improvement
Act of 2008 (division B of Public Law 110-432), as in effect
the day before the enactment of the Passenger Rail Reform and
Investment Act of 2015 (division A, title XI of the Fixing
America's Surface Transportation Act), $288,500,000, to
remain available until expended: Provided, That the amounts
available under this paragraph shall be available for the
Secretary to approve funding to cover operating losses for
the Corporation only after receiving and reviewing a grant
request for each specific train route: Provided further,
That each such grant request shall be accompanied by a
detailed financial analysis, revenue projection, and capital
expenditure projection justifying the Federal support to the
Secretary's satisfaction: Provided further, That not later
than 60 days after enactment of this Act, the Corporation
shall transmit, in electronic format, to the Secretary and
the House and Senate Committees on Appropriations the annual
budget, business plan, the 5-Year Financial Plan for fiscal
year 2016 required under section 204 of the Passenger Rail
Investment and Improvement Act of 2008 and the comprehensive
fleet plan for all Amtrak rolling stock: Provided further,
That the budget, business plan and the 5-Year Financial Plan
shall include annual information on the maintenance,
refurbishment, replacement, and expansion for all Amtrak
rolling stock consistent with the comprehensive fleet plan:
Provided further, That the Corporation shall provide monthly
performance reports in an electronic format which shall
describe the work completed to date, any changes to the
business plan, and the reasons for such changes as well as
progress against the milestones and target dates of the 2012
performance improvement plan: Provided further, That the
Corporation's budget, business plan, 5-Year Financial Plan,
semiannual reports, monthly reports, comprehensive fleet plan
and all supplemental reports or plans comply with
requirements in Public Law 112-55: Provided further, That
none of the funds provided in this Act may be used to support
any route on which Amtrak offers a discounted fare of more
than 50 percent off the normal peak fare: Provided further,
That the preceding proviso does not apply to routes where the
operating loss as a result of the discount is covered by a
State and the State participates in the setting of fares.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for capital
investments as authorized by sections 101(c), 102, and 219(b)
of the Passenger Rail Investment and Improvement Act of 2008
(division B of Public Law 110-432), as in effect the day
before the enactment of the Passenger Rail Reform and
Investment Act of 2015 (division A, title XI of the Fixing
America's Surface Transportation Act), $1,101,500,000, to
remain available until expended, of which not to exceed
$160,200,000 shall be for debt service obligations as
authorized by section 102 of such Act: Provided, That of the
amounts made available under this heading, not less than
$50,000,000 shall be made available to bring Amtrak-served
facilities and stations into compliance with the Americans
with Disabilities Act: Provided further, That after an
initial distribution of up to $200,000,000, which shall be
used by the Corporation as a working capital account, all
remaining funds shall be provided to the Corporation only on
a reimbursable basis: Provided further, That of the amounts
made available under this heading, up to $50,000,000 may be
used by the Secretary to subsidize operating losses of the
Corporation should the funds provided under the heading
``Operating Grants to the National Railroad Passenger
Corporation'' be insufficient to meet operational costs for
fiscal year 2016: Provided further, That the Secretary may
retain up to one-half of 1 percent of the funds provided
under this heading to fund the costs of project management
and oversight of activities authorized by subsections 101(a)
and 101(c) of division B of Public Law 110-432, of which up
to $500,000 may be available for technical assistance for
States, the District of Columbia, and other public entities
responsible for the implementation of section 209 of division
B of Public Law 110-432: Provided further, That the
Secretary shall approve funding for capital expenditures,
including advance purchase orders of materials, for the
Corporation only after receiving and reviewing a grant
request for each specific capital project justifying the
Federal support to the Secretary's satisfaction: Provided
further, That except as otherwise provided herein, none of
the funds under this heading may be used to subsidize
operating losses of the Corporation: Provided further, That
none of the funds under this heading may be used for capital
projects not approved by the Secretary of Transportation or
on the Corporation's fiscal year 2016 business plan:
Provided further, That in addition to the project management
oversight funds authorized under section 101(d) of division B
of Public Law 110-432, the Secretary may retain up to an
additional $3,000,000 of the funds provided under this
heading to fund expenses associated with implementing section
212 of division B of Public Law 110-432, including the
amendments made by section 212 to section 24905 of title 49,
United States Code: Provided further, That Amtrak shall
conduct a business case analysis on capital investments that
exceed $10,000,000 in life-cycle costs: Provided further,
That each contract for a capital acquisition that exceeds
$10,000,000 in life-cycle costs shall state that funding is
subject to the availability of appropriated funds provided by
an appropriations Act.
administrative provisions--federal railroad administration
(including rescissions)
Sec. 150. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar
items, from non-United States Government sources to repair
damages to or replace United States Government owned
automated track inspection cars and equipment as a result of
third-party liability for such damages, and any amounts
collected under this section shall be credited directly to
the Safety and Operations account of the Federal Railroad
Administration, and shall remain available until expended for
the repair, operation and maintenance of automated track
inspection cars and equipment in connection with the
automated track inspection program.
Sec. 151. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the previous proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations each
quarter of the calendar year on waivers granted to employees
and amounts paid above the cap for each month within such
quarter and delineate the reasons each waiver was granted:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations by March
1, 2016, a summary of all overtime payments incurred by the
Corporation for 2015 and the three prior calendar years:
Provided further, That such summary shall include the total
number of employees that received waivers and the total
overtime payments the Corporation paid to those employees
receiving waivers for each month for 2015 and for the three
prior calendar years.
Sec. 152. Of the unobligated balances of funds available
to the Federal Railroad Administration from the ``Railroad
Research and Development'' account, $1,960,000 is permanently
rescinded: Provided, That such amounts are made available to
enable the Secretary of Transportation to assist Class II and
Class III railroads with eligible projects pursuant to
sections 501 through 504 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as
amended: Provided further, That such funds shall be
available for applicant expenses in preparing to apply and
applying for direct loans and loan guarantees: Provided
further, That these funds shall remain available until
expended.
Sec. 153. Of the unobligated balances of funds available
to the Federal Railroad Administration, the following funds
are hereby rescinded: $5,000,000 of the unobligated balances
of funds made available to fund expenses associated with
implementing section 212 of division B of Public Law 110-432
in the Capital and Debt Service Grants to the National
Railroad Passenger Corporation account of the Consolidated
and Further Continuing Appropriations Act, 2015; and
$14,163,385 of the unobligated balances of funds made
available from the following accounts in the specified
amounts--``Grants to the National Railroad Passenger
Corporation'', $267,019; ``Next Generation High-Speed Rail'',
$4,944,504; ``Rail Line Relocation and Improvement Program'',
$2,241,385; and ``Safety and Operations'', $6,710,477:
Provided, That such amounts are made available to enable the
Secretary of Transportation to make grants to the National
Railroad Passenger Corporation as authorized by section
101(c) of the Passenger Rail Investment and Improvement Act
of 2008 (division B of Public Law 110-432) for state-of-good-
repair backlog and infrastructure improvements on Northeast
Corridor shared-use infrastructure identified in the
Northeast Corridor Infrastructure and Operations Advisory
Commission's approved 5-year capital plan: Provided further,
That these funds shall remain available until expended and
shall be available for grants in an amount not to exceed 50
percent of the total project cost, with the required matching
funds to be provided consistent with the Commission's cost
allocation policy.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $108,000,000, of which not more
than $6,500,000 shall be available to carry out the
provisions of 49 U.S.C. 5329 and not less than $1,000,000
shall be available to
[[Page H9609]]
carry out the provisions of 49 U.S.C. 5326: Provided, That
none of the funds provided or limited in this Act may be used
to create a permanent office of transit security under this
heading: Provided further, That upon submission to the
Congress of the fiscal year 2017 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on New Starts, including proposed allocations
for fiscal year 2017.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by
the Fixing America's Surface Transportation Act, and section
20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,400,000,000,
to be derived from the Mass Transit Account of the Highway
Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of
programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America's Surface Transportation Act,
and section 20005(b) of Public Law 112-141, and section
3006(b) of the Fixing America's Surface Transportation Act,
shall not exceed total obligations of $9,347,604,639 in
fiscal year 2016.
capital investment grants
For necessary expenses to carry out 49 U.S.C. 5309,
$2,177,000,000, to remain available until expended.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to
approving such grants, the Secretary shall certify that the
Washington Metropolitan Area Transit Authority is making
progress to improve its safety management system in response
to the Federal Transit Administration's 2015 safety
management inspection: Provided further, That prior to
approving such grants, the Secretary shall certify that the
Washington Metropolitan Area Transit Authority is making
progress toward full implementation of the corrective actions
identified in the 2014 Financial Management Oversight Review
Report: Provided further, That the Secretary shall determine
that the Washington Metropolitan Area Transit Authority has
placed the highest priority on those investments that will
improve the safety of the system before approving such
grants: Provided further, That the Secretary, in order to
ensure safety throughout the rail system, may waive the
requirements of section 601(e)(1) of title VI of Public Law
110-432 (112 Stat. 4968).
administrative provisions--federal transit administration
(including rescission)
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading
``Fixed Guideway Capital Investment'' of the Federal Transit
Administration for projects specified in this Act or
identified in reports accompanying this Act not obligated by
September 30, 2020, and other recoveries, shall be directed
to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2015, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. Notwithstanding any other provision of law, none
of the funds made available in this Act shall be used to
enter into a full funding grant agreement for a project with
a New Starts share greater than 60 percent.
Sec. 164. (a) Loss of Eligibility.--Except as provided in
subsection (b), none of the funds in this or any other Act
may be available to advance in any way a new light or heavy
rail project towards a full funding grant agreement as
defined by 49 U.S.C. 5309 for the Metropolitan Transit
Authority of Harris County, Texas if the proposed capital
project is constructed on or planned to be constructed on
Richmond Avenue west of South Shepherd Drive or on Post Oak
Boulevard north of Richmond Avenue in Houston, Texas.
(b) Exception for a New Election.--The Metropolitan Transit
Authority of Harris County, Texas, may attempt to construct
or construct a new fixed guideway capital project, including
light rail, in the locations referred to in subsection (a)
if--
(1) voters in the jurisdiction that includes such locations
approve a ballot proposition that specifies routes on
Richmond Avenue west of South Shepherd Drive or on Post Oak
Boulevard north of Richmond Avenue in Houston, Texas; and
(2) the proposed construction of such routes is part of a
comprehensive, multi-modal, service-area wide transportation
plan that includes multiple additional segments of fixed
guideway capital projects, including light rail for the
jurisdiction set forth in the ballot proposition. The ballot
language shall include reasonable cost estimates, sources of
revenue to be used and the total amount of bonded
indebtedness to be incurred as well as a description of each
route and the beginning and end point of each proposed
transit project.
Sec. 165. Of the unobligated amounts made available for
fiscal year 2012 or prior fiscal years to carry out the
discretionary bus and bus facilities and new fixed guideway
capital projects programs under 49 U.S.C. 5309 and the
discretionary job access and reverse commute program under
section 3037 of the Transportation Equity Act for the 21st
Century, $25,397,797 is hereby rescinded.
Sec. 166. Until September 15, 2016, the Secretary may not
enforce regulations related to charter bus service under part
604 of title 49, Code of Federal Regulations, for any transit
agency that, during fiscal year 2008 was both initially
granted a 60-day period to come into compliance with part
604, and then was subsequently granted an exception from said
part: Provided, That notwithstanding 49 U.S.C. 5323(t), such
transit agency may receive its allocation of urbanized area
formula funds apportioned in accordance with 49 U.S.C. 5336.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital asset renewal activities of those
portions of the St. Lawrence Seaway owned, operated, and
maintained by the Saint Lawrence Seaway Development
Corporation, $28,400,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $210,000,000, to remain available until
expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $171,155,000, of which
$22,000,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $5,000,000 shall remain available
until expended for National Security Multi-Mission Vessel
design for State Maritime Academies and National Security,
and of which $2,400,000 shall remain available through
September 30, 2017, for the Student Incentive Program at
State Maritime Academies, and of which $1,200,000 shall
remain available until expended for training ship fuel
assistance payments, and of which $18,000,000 shall remain
available until expended for facilities maintenance and
repair, equipment, and capital improvements at the United
States Merchant Marine Academy, and of which $3,000,000 shall
remain available through September 30, 2017, for Maritime
Environment and Technology Assistance grants, contracts, and
cooperative agreement, and of which $5,000,000 shall remain
available until expended for the Short Sea Transportation
Program (America's Marine Highways) to make grants for the
purposes provided in title 46 sections 55601(b)(1) and
55601(b)(3): Provided, That amounts apportioned for the
United States Merchant Marine Academy shall be available only
upon allotments made personally by the Secretary of
Transportation or the Assistant Secretary for Budget and
Programs: Provided further, That the Superintendent, Deputy
Superintendent and the Director of the Office of Resource
Management of the United States Merchant Marine Academy may
not be allotment holders for the United States Merchant
Marine Academy, and the Administrator of the Maritime
Administration shall hold all allotments made by the
Secretary of Transportation or the Assistant Secretary for
Budget and Programs under the previous proviso: Provided
further, That 50 percent of the funding made available for
the United States Merchant Marine Academy under this heading
shall be available only after the Secretary, in consultation
with the Superintendent and the Maritime Administrator,
completes a plan detailing by program or activity how such
funding will be expended at the Academy, and this plan is
submitted to
[[Page H9610]]
the House and Senate Committees on Appropriations: Provided
further, That not later than January 12, 2016, the
Administrator of the Maritime Administration shall transmit
to the House and Senate Committees on Appropriations the
annual report on sexual assault and sexual harassment at the
United States Merchant Marine Academy as required pursuant to
section 3507 of Public Law 110-417.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, as amended by
Public Law 113-281, $5,000,000 to remain available until
expended: Provided, That the Secretary shall issue the
Notice of Funding Availability no later than 15 days after
enactment of this Act: Provided further, That from
applications submitted under the previous proviso, the
Secretary of Transportation shall make grants no later than
120 days after enactment of this Act in such amounts as the
Secretary determines: Provided further, That not to exceed 2
percent of the funds appropriated under this heading shall be
available for necessary costs of grant administration.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $5,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized,
$8,135,000, of which $5,000,000 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, as amended: Provided
further, That not to exceed $3,135,000 shall be available for
administrative expenses to carry out the guaranteed loan
program, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime
Administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall
be covered into the Treasury as miscellaneous receipts.
Sec. 171. None of the funds available or appropriated in
this Act shall be used by the United States Department of
Transportation or the United States Maritime Administration
to negotiate or otherwise execute, enter into, facilitate or
perform fee-for-service contracts for vessel disposal,
scrapping or recycling, unless there is no qualified domestic
ship recycler that will pay any sum of money to purchase and
scrap or recycle a vessel owned, operated or managed by the
Maritime Administration or that is part of the National
Defense Reserve Fleet: Provided, That such sales offers must
be consistent with the solicitation and provide that the work
will be performed in a timely manner at a facility qualified
within the meaning of section 3502 of Public Law 106-398:
Provided further, That nothing contained herein shall affect
the Maritime Administration's authority to award contracts at
least cost to the Federal Government and consistent with the
requirements of 54 U.S.C. 308704, section 3502, or otherwise
authorized under the Federal Acquisition Regulation.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $21,000,000:
Provided, That no later than 90 days after the date of
enactment of this Act, the Secretary of Transportation shall
initiate a rulemaking to expand the applicability of
comprehensive oil spill response plans, and shall issue a
final rule no later than one year after the date of enactment
of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $55,619,000, of which $7,570,000 shall
remain available until September 30, 2018: Provided, That up
to $800,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $146,623,000, of which $22,123,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2018; and of which
$124,500,000 shall be derived from the Pipeline Safety Fund,
of which $59,835,000 shall remain available until September
30, 2018: Provided, That not less than $1,058,000 of the
funds provided under this heading shall be for the One-Call
state grant program: Provided further, That not less than
$1,000,000 of the funds provided under this heading shall be
for the finalization and implementation of rules required
under section 60102(n) of title 49, United States Code, and
section 8(b)(3) of the Pipeline Safety, Regulatory Certainty,
and Job Creation Act of 2011 (49 U.S.C. 60108 note; 125 Stat.
1911).
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carryout 49 U.S.C. 5128(b),
$188,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2017: Provided, That
notwithstanding the fiscal year limitation specified in 49
U.S.C. 5116, not more than $28,318,000 shall be made
available for obligation in fiscal year 2016 from amounts
made available by 49 U.S.C. 5116(h), and 5128(b) and (c):
Provided further, That notwithstanding 49 U.S.C. 5116(h)(4),
not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs:
Provided further, That none of the funds made available by 49
U.S.C. 5116(h), 5128(b), or 5128(c) shall be made available
for obligation by individuals other than the Secretary of
Transportation, or his or her designee: Provided further,
That notwithstanding 49 U.S.C. 5128(b) and (c) and the
current year obligation limitation, prior year recoveries
recognized in the current year shall be available to develop
a hazardous materials response training curriculum for
emergency responders, including response activities for the
transportation of crude oil, ethanol and other flammable
liquids by rail, consistent with National Fire Protection
Association standards, and to make such training available
through an electronic format: Provided further, That the
prior year recoveries made available under this heading shall
also be available to carry out 49 U.S.C. 5116(a)(1)(C) and
5116(i).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector
General to carry out the provisions of the Inspector General
Act of 1978, as amended, $87,472,000: Provided, That the
Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to
regulation by the Department of Transportation: Provided
further, That the funds made available under this heading may
be used to investigate, pursuant to section 41712 of title
49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air
carriers and ticket agents; and (2) the compliance of
domestic and foreign air carriers with respect to item (1) of
this proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $32,375,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2016, to result in a final appropriation from the
general fund estimated at no more than $31,125,000.
General Provisions--Department of Transportation
Sec. 180. During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 183. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C.
[[Page H9611]]
2725(3)) obtained by a State department of motor vehicles in
connection with a motor vehicle record as defined in 18
U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for a
use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to 49 U.S.C. 20105.
Sec. 185. None of the funds in this Act to the Department
of Transportation may be used to make a loan, loan guarantee,
line of credit, or grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
project competitively selected to receive a discretionary
grant award, any discretionary grant award, letter of intent,
loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement totaling $750,000
or more is announced by the department or its modal
administrations from--
(1) any discretionary grant or federal credit program of
the Federal Highway Administration including the emergency
relief program;
(2) the airport improvement program of the Federal Aviation
Administration;
(3) any program of the Federal Railroad Administration;
(4) any program of the Federal Transit Administration other
than the formula grants and fixed guideway modernization
programs;
(5) any program of the Maritime Administration; or
(6) any funding provided under the headings ``National
Infrastructure Investments'' in this Act:
Provided, That the Secretary gives concurrent notification
to the House and Senate Committees on Appropriations for any
``quick release'' of funds from the emergency relief program:
Provided further, That no notification shall involve funds
that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with
the improper payment or payments is not readily available,
the Secretary may credit an appropriate account, which shall
be available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to the transfer of any such
recovery to an appropriations account, the Secretary shall
notify the House and Senate Committees on Appropriations of
the amount and reasons for such transfer: Provided further,
That for purposes of this section, the term ``improper
payments'' has the same meaning as that provided in section
2(d)(2) of Public Law 107-300.
Sec. 188. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of said reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and said reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date
on which the reprogramming action has been approved or denied
by the House and Senate Committees on Appropriations.
Sec. 189. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board of the Department of Transportation to
charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the
amount authorized for district court civil suit filing fees
under section 1914 of title 28, United States Code.
Sec. 190. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable modal administration or
administrations.
Sec. 191. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 192. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 U.S.C. or title 23 U.S.C. utilizing
geographic, economic, or any other hiring preference not
otherwise authorized by law, except for such preferences
authorized in this Act, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration
grant from imposing such hiring preference on a contract or
construction project with which the Department of
Transportation is assisting, only if the grant recipient
certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2016''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $13,800,000: Provided,
That not to exceed $25,000 of the amount made available under
this heading shall be available to the Secretary for official
reception and representation expenses as the Secretary may
determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $559,100,000, of which $79,000,000 shall be
available for the Office of the Chief Financial Officer;
$94,500,000 shall be available for the Office of the General
Counsel; $207,600,000 shall be available for the Office of
Administration; $56,300,000 shall be available for the Office
of the Chief Human Capital Officer; $51,500,000 shall be
available for the Office of Field Policy and Management;
$17,200,000 shall be available for the Office of the Chief
Procurement Officer; $3,300,000 shall be available for the
Office of Departmental Equal Employment Opportunity;
$4,500,000 shall be available for the Office of Strategic
Planning and Management; and $45,200,000 shall be available
for the Office of the Chief Information Officer: Provided,
That funds provided under this heading may be used for
necessary administrative and non-administrative expenses of
the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized
by 5 U.S.C. 3109: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
directly support program activities funded in this title:
Provided further, That the Secretary shall provide the House
and Senate Committees on Appropriations quarterly written
notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide
in electronic form all signed reports required by Congress.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public
and Indian Housing, $205,500,000.
community planning and development
For necessary salaries and expenses of the Office of
Community Planning and Development, $104,800,000.
housing
For necessary salaries and expenses of the Office of
Housing, $375,000,000.
[[Page H9612]]
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $23,100,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $72,000,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead
Hazard Control and Healthy Homes, $7,000,000.
working capital fund
(including transfer of funds)
There is hereby established in the United States Treasury,
pursuant to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), a working capital
fund for the Department of Housing and Urban Development
(referred to in this paragraph as the ``Fund''): Provided,
That amounts transferred to the Fund under this heading shall
be available for Federal shared services used by offices and
agencies of the Department, and for such portion of any
office or agency's printing, records management, space
renovation, furniture, or supply services as the Secretary
determines shall be derived from centralized sources made
available by the Department to all offices and agencies and
funded through the Fund: Provided further, That of the
amounts made available in this title for salaries and
expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Office Salaries
and Expenses'', and ``Government National Mortgage
Association'', the Secretary shall transfer to the Fund such
amounts, to remain available until expended, as are necessary
to fund services, specified in the first proviso, for which
the appropriation would otherwise have been available, and
may transfer not to exceed an additional $10,000,000, in
aggregate, from all such appropriations, to be merged with
the Fund and to remain available until expended for use for
any office or agency: Provided further, That amounts in the
Fund shall be the only amounts available to each office or
agency of the Department for the services, or portion of
services, specified in the first proviso: Provided further,
That with respect to the Fund, the authorities and conditions
under this heading shall supplant the authorities and
conditions provided under section 7(f) of the Department of
Housing and Urban Development Act.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$15,628,525,000, to remain available until expended, shall be
available on October 1, 2015 (in addition to the
$4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2015), and
$4,000,000,000, to remain available until expended, shall be
available on October 1, 2016: Provided, That the amounts
made available under this heading are provided as follows:
(1) $17,681,451,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2016 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection, HOPE VI,
and Choice Neighborhoods vouchers: Provided further, That in
determining calendar year 2016 funding allocations under this
heading for public housing agencies, including agencies
participating in the Moving To Work (MTW) demonstration, the
Secretary may take into account the anticipated impact of
changes in targeting and utility allowances, on public
housing agencies' contract renewal needs: Provided further,
That none of the funds provided under this paragraph may be
used to fund a total number of unit months under lease which
exceeds a public housing agency's authorized level of units
under contract, except for public housing agencies
participating in the MTW demonstration, which are instead
governed by the terms and conditions of their MTW agreements:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos,
the entire amount specified under this paragraph (except as
otherwise modified under this paragraph) shall be obligated
to the public housing agencies based on the allocation and
pro rata method described above, and the Secretary shall
notify public housing agencies of their annual budget by the
latter of 60 days after enactment of this Act or March 1,
2016: Provided further, That the Secretary may extend the
notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
MTW demonstration shall be funded pursuant to their MTW
agreements and shall be subject to the same pro rata
adjustments under the previous provisos: Provided further,
That the Secretary may offset public housing agencies'
calendar year 2016 allocations based on the excess amounts of
public housing agencies' net restricted assets accounts,
including HUD held programmatic reserves (in accordance with
VMS data in calendar year 2015 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2016 MTW funding
allocation: Provided further, That the Secretary shall use
any offset referred to in the previous two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or
reduce the proration of renewal funding allocations:
Provided further, That up to $75,000,000 shall be available
only: (1) for adjustments in the allocations for public
housing agencies, after application for an adjustment by a
public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for vouchers
that were not in use during the previous 12-month period in
order to be available to meet a commitment pursuant to
section 8(o)(13) of the Act; (3) for adjustments for costs
associated with HUD-Veterans Affairs Supportive Housing (HUD-
VASH) vouchers; and (4) for public housing agencies that
despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to
terminate rental assistance for families as a result of
insufficient funding: Provided further, That the Secretary
shall allocate amounts under the previous proviso based on
need, as determined by the Secretary;
(2) $130,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, HOPE VI and Choice
Neighborhood vouchers, mandatory and voluntary conversions,
and tenant protection assistance including replacement and
relocation assistance or for project-based assistance to
prevent the displacement of unassisted elderly tenants
currently residing in section 202 properties financed between
1959 and 1974 that are refinanced pursuant to Public Law 106-
569, as amended, or under the authority as provided under
this Act: Provided, That when a public housing development
is submitted for demolition or disposition under section 18
of the Act, the Secretary may provide section 8 rental
assistance when the units pose an imminent health and safety
risk to residents: Provided further, That the Secretary may
only provide replacement vouchers for units that were
occupied within the previous 24 months that cease to be
available as assisted housing, subject only to the
availability of funds: Provided further, That of the amounts
made available under this paragraph, $5,000,000 may be
available to provide tenant protection assistance, not
otherwise provided under this paragraph, to residents
residing in low vacancy areas and who may have to pay rents
greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held or section
202 loan that requires the permission of the Secretary prior
to loan prepayment; (B) the expiration of a rental assistance
contract for which the tenants are not eligible for enhanced
voucher or tenant protection assistance under existing law;
or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered
by the Secretary: Provided further, That such tenant
protection assistance made available under the previous
proviso may be provided under the authority of section 8(t)
or section 8(o)(13) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)): Provided further, That any tenant
protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary
by notice, when the initial family that received any such
voucher no longer receives such voucher, and the authority
for any public housing agency to issue any such voucher shall
cease to exist: Provided further, That the Secretary, for
the purpose under this paragraph, may use unobligated
balances, including recaptures and carryovers, remaining from
amounts appropriated in prior fiscal years under this heading
for voucher assistance for nonelderly disabled families and
for disaster assistance made available under Public Law 110-
329;
[[Page H9613]]
(3) $1,650,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $10,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers,
Veterans Affairs Supportive Housing vouchers, and other
special purpose incremental vouchers: Provided, That no less
than $1,640,000,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the
calendar year 2016 funding cycle based on section 8(q) of the
Act (and related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276):
Provided further, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined
under the previous proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements, and shall be subject
to the same uniform percentage decrease as under the previous
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities;
(4) $107,074,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering
the special purpose vouchers in this paragraph shall be
funded under the same terms and be subject to the same pro
rata reduction as the percent decrease for administrative and
other expenses to public housing agencies under paragraph (3)
of this heading;
(5) $60,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That the
Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That
assistance made available under this paragraph shall continue
to remain available for homeless veterans upon turn-over; and
(6) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2016 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be rescinded:
Provided further, That amounts heretofore recaptured, or
recaptured during the current fiscal year, from section 8
project-based contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$1,900,000,000, to remain available until September 30, 2019:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2016, the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future: Provided further, That up to $3,000,000 shall
be to support ongoing Public Housing Financial and Physical
Assessment activities: Provided further, That up to
$1,000,000 shall be to support the costs of administrative
and judicial receiverships: Provided further, That of the
total amount provided under this heading, not to exceed
$21,500,000 shall be available for the Secretary to make
grants, notwithstanding section 204 of this Act, to public
housing agencies for emergency capital needs including safety
and security measures necessary to address crime and drug-
related activity as well as needs resulting from unforeseen
or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2016:
Provided further, That of the amount made available under the
previous proviso, not less than $5,000,000 shall be for
safety and security measures: Provided further, That of the
total amount provided under this heading $35,000,000 shall be
for supportive services, service coordinator and congregate
services as authorized by section 34 of the Act (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided
further, That of the total amount made available under this
heading, $15,000,000 shall be for a Jobs-Plus initiative
modeled after the Jobs-Plus demonstration: Provided further,
That the funding provided under the previous proviso shall
provide competitive grants to partnerships between public
housing authorities, local workforce investment boards
established under section 117 of the Workforce Investment Act
of 1998, and other agencies and organizations that provide
support to help public housing residents obtain employment
and increase earnings: Provided further, That applicants
must demonstrate the ability to provide services to
residents, partner with workforce investment boards, and
leverage service dollars: Provided further, That the
Secretary may allow public housing agencies to request
exemptions from rent and income limitation requirements under
sections 3 and 6 of the United States Housing Act of 1937 as
necessary to implement the Jobs-Plus program, on such terms
and conditions as the Secretary may approve upon a finding by
the Secretary that any such waivers or alternative
requirements are necessary for the effective implementation
of the Jobs-Plus initiative as a voluntary program for
residents: Provided further, That the Secretary shall
publish by notice in the Federal Register any waivers or
alternative requirements pursuant to the preceding proviso no
later than 10 days before the effective date of such notice:
Provided further, That for funds provided under this heading,
the limitation in section 9(g)(1) of the Act shall be 25
percent: Provided further, That the Secretary may waive the
limitation in the previous proviso to allow public housing
agencies to fund activities authorized under section
9(e)(1)(C) of the Act: Provided further, That the Secretary
shall notify public housing agencies requesting waivers under
the previous proviso if the request is approved or denied
within 14 days of submitting the request: Provided further,
That from the funds made available under this heading, the
Secretary shall provide bonus awards in fiscal year 2016 to
public housing agencies that are designated high performers:
Provided further, That the Department shall notify public
housing agencies of their formula allocation within 60 days
of enactment of this Act.
public housing operating fund
For 2016 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,500,000,000, to remain available until
September 30, 2017.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise
specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, schools, public
assets, transportation and access to jobs, $125,000,000, to
remain available until September 30, 2018: Provided, That
grant funds may be used for resident and
[[Page H9614]]
community services, community development, and affordable
housing needs in the community, and for conversion of vacant
or foreclosed properties to affordable housing: Provided
further, That the use of funds made available under this
heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided
further, That grantees shall commit to an additional period
of affordability determined by the Secretary of not fewer
than 20 years: Provided further, That grantees shall
undertake comprehensive local planning with input from
residents and the community, and that grantees shall provide
a match in State, local, other Federal or private funds:
Provided further, That grantees may include local
governments, tribal entities, public housing authorities, and
nonprofits: Provided further, That for-profit developers may
apply jointly with a public entity: Provided further, That
for purposes of environmental review, a grantee shall be
treated as a public housing agency under section 26 of the
United States Housing Act of 1937 (42 U.S.C. 1437x), and
grants under this heading shall be subject to the regulations
issued by the Secretary to implement such section: Provided
further, That of the amount provided, not less than
$75,000,000 shall be awarded to public housing agencies:
Provided further, That such grantees shall create
partnerships with other local organizations including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
no more than $5,000,000 of funds made available under this
heading may be provided to assist communities in developing
comprehensive strategies for implementing this program or
implementing other revitalization efforts in conjunction with
community notice and input: Provided further, That the
Secretary shall develop and publish guidelines for the use of
such competitive funds, including but not limited to eligible
activities, program requirements, and performance metrics:
Provided further, That unobligated balances, including
recaptures, remaining from funds appropriated under the
heading ``Revitalization of Severely Distressed Public
Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal
years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were
appropriated.
family self-sufficiency
For the Family Self-Sufficiency program to support family
self-sufficiency coordinators under section 23 of the United
States Housing Act of 1937, to promote the development of
local strategies to coordinate the use of assistance under
sections 8(o) and 9 of such Act with public and private
resources, and enable eligible families to achieve economic
independence and self-sufficiency, $75,000,000, to remain
available until September 30, 2017: Provided, That the
Secretary may, by Federal Register notice, waive or specify
alternative requirements under sections b(3), b(4), b(5), or
c(1) of section 23 of such Act in order to facilitate the
operation of a unified self-sufficiency program for
individuals receiving assistance under different provisions
of the Act, as determined by the Secretary: Provided
further, That owners of a privately owned multifamily
property with a section 8 contract may voluntarily make a
Family Self-Sufficiency program available to the assisted
tenants of such property in accordance with procedures
established by the Secretary: Provided further, That such
procedures established pursuant to the previous proviso shall
permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners to
use funding from residual receipt accounts to hire
coordinators for their own Family Self-Sufficiency program.
native american housing block grants
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $650,000,000, to remain available until
September 30, 2020: Provided, That, notwithstanding the
Native American Housing Assistance and Self-Determination Act
of 1996, to determine the amount of the allocation under
title I of such Act for each Indian tribe, the Secretary
shall apply the formula under section 302 of such Act with
the need component based on single-race census data and with
the need component based on multi-race census data, and the
amount of the allocation for each Indian tribe shall be the
greater of the two resulting allocation amounts: Provided
further, That of the amounts made available under this
heading, $3,500,000 shall be contracted for assistance for
national or regional organizations representing Native
American housing interests for providing training and
technical assistance to Indian housing authorities and
tribally designated housing entities as authorized under
NAHASDA: Provided further, That of the funds made available
under the previous proviso, not less than $2,000,000 shall be
made available for a national organization as authorized
under section 703 of NAHASDA (25 U.S.C. 4212): Provided
further, That of the amounts made available under this
heading, $2,000,000 shall be to support the inspection of
Indian housing units, contract expertise, training, and
technical assistance in the training, oversight, and
management of such Indian housing and tenant-based
assistance: Provided further, That of the amount provided
under this heading, $2,000,000 shall be made available for
the cost of guaranteed notes and other obligations, as
authorized by title VI of NAHASDA: Provided further, That
such costs, including the costs of modifying such notes and
other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$17,452,007: Provided further, That the Department will
notify grantees of their formula allocation within 60 days of
the date of enactment of this Act: Provided further,
notwithstanding section 302(d) of NAHASDA, if on January 1,
2016, a recipient's total amount of undisbursed block grants
in the Department's line of credit control system is greater
than three times the formula allocation it would otherwise
receive under this heading, the Secretary shall adjust that
recipient's formula allocation down by the difference between
its total amount of undisbursed block grants in the
Department's line of credit control system on January 1,
2016, and three times the formula allocation it would
otherwise receive: Provided further, That grant amounts not
allocated to a recipient pursuant to the previous proviso
shall be allocated under the need component of the formula
proportionately among all other Indian tribes not subject to
an adjustment: Provided further, That the two previous
provisos shall not apply to any Indian tribe that would
otherwise receive a formula allocation of less than
$8,000,000: Provided further, That to take effect, the three
previous provisos do not require issuance or amendment of any
regulation, and shall not be construed to confer hearing
rights under any section of NAHASDA or its implementing
regulations.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $7,500,000, to remain available until
expended: Provided, That such costs, including the costs 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, up to $1,190,476,190,
to remain available until expended: Provided further, That
up to $750,000 of this amount may be for administrative
contract expenses including management processes and systems
to carry out the loan guarantee program.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $335,000,000, to remain
available until September 30, 2017, except that amounts
allocated pursuant to section 854(c)(3) of such Act shall
remain available until September 30, 2018: Provided, That
the Secretary shall renew all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(3) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $3,060,000,000, to remain
available until September 30, 2018, unless otherwise
specified: Provided, That of the total amount provided,
$3,000,000,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (``the Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading, not to
exceed 20 percent of any grant made with funds appropriated
under this heading shall be expended for planning and
management development and administration: Provided further,
That a metropolitan city, urban county, unit of general local
government, or Indian tribe, or insular area that directly or
indirectly receives funds under this heading may not sell,
trade, or otherwise transfer all or any portion of such funds
to another such entity in exchange for any other funds,
credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act:
Provided further, That notwithstanding section 105(e)(1) of
the Act, no funds provided under this heading may be provided
to a for-profit entity for an economic development project
under section 105(a)(17) unless such project has been
evaluated and selected in accordance with guidelines required
under subparagraph (e)(2): Provided further, That none of
the funds made available under this heading may be used for
grants for the Economic Development Initiative (``EDI'') or
Neighborhood Initiatives activities, Rural Innovation Fund,
or for grants pursuant to section 107 of
[[Page H9615]]
the Housing and Community Development Act of 1974 (42 U.S.C.
5307): Provided further, That the Department shall notify
grantees of their formula allocation within 60 days of
enactment of this Act: Provided further, That of the total
amount provided under this heading $60,000,000 shall be for
grants to Indian tribes notwithstanding section 106(a)(1) of
such Act, of which, notwithstanding any other provision of
law (including section 204 of this Act), up to $4,000,000 may
be used for emergencies that constitute imminent threats to
health and safety.
community development loan guarantees program account
(including rescission)
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2016, commitments to guarantee loans
under section 108 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5308), any part of which is
guaranteed, shall not exceed a total principal amount of
$300,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in subsection (k) of such
section 108: Provided, That the Secretary shall collect fees
from borrowers, notwithstanding subsection (m) of such
section 108, to result in a credit subsidy cost of zero for
guaranteeing such loans, and any such fees shall be collected
in accordance with section 502(7) of the Congressional Budget
Act of 1974: Provided further, That all unobligated
balances, including recaptures and carryover, remaining from
funds appropriated to the Department of Housing and Urban
Development under this heading are hereby permanently
rescinded.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $950,000,000, to remain available
until September 30, 2019: Provided, That notwithstanding the
amount made available under this heading, the threshold
reduction requirements in sections 216(10) and 217(b)(4) of
such Act shall not apply to allocations of such amount:
Provided further, That the requirements under provisos 2
through 6 under this heading for fiscal year 2012 and such
requirements applicable pursuant to the ``Full-Year
Continuing Appropriations Act, 2013'', shall not apply to any
project to which funds were committed on or after August 23,
2013, but such projects shall instead be governed by the
Final Rule titled ``Home Investment Partnerships Program;
Improving Performance and Accountability; Updating Property
Standards'' which became effective on such date: Provided
further, That with respect to funds made available under this
heading pursuant to such Act and funds provided in prior and
subsequent appropriations acts that were or are used by
community land trusts for the development of affordable
homeownership housing pursuant to section 215(b) of such Act,
such community land trusts, notwithstanding section
215(b)(3)(A) of such Act, may hold and exercise purchase
options, rights of first refusal or other preemptive rights
to purchase the housing to preserve affordability, including
but not limited to the right to purchase the housing in lieu
of foreclosure: Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of
enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$50,000,000, to remain available until September 30, 2018:
Provided, That of the total amount provided under this
heading, $10,000,000 shall be made available to the Self-Help
and Assisted Homeownership Opportunity Program as authorized
under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended: Provided further, That of the total
amount provided under this heading, $35,000,000 shall be made
available for the second, third, and fourth capacity building
activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 shall be made available for rural
capacity building activities: Provided further, That of the
total amount provided under this heading, $5,000,000 shall be
made available for capacity building by national rural
housing organizations with experience assessing national
rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits,
local governments and Indian Tribes serving high need rural
communities: Provided further, That an additional
$5,700,000, to remain available until expended, shall be for
a program to rehabilitate and modify homes of disabled or
low-income veterans as authorized under section 1079 of
Public Law 113-291.
homeless assistance grants
For the Emergency Solutions Grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the Continuum of Care program as
authorized under subtitle C of title IV of such Act; and the
Rural Housing Stability Assistance program as authorized
under subtitle D of title IV of such Act, $2,250,000,000, to
remain available until September 30, 2018: Provided, That
any rental assistance amounts that are recaptured under such
Continuum of Care program shall remain available until
expended: Provided further, That not less than $250,000,000
of the funds appropriated under this heading shall be
available for such Emergency Solutions Grants program:
Provided further, That not less than $1,918,000,000 of the
funds appropriated under this heading shall be available for
such Continuum of Care and Rural Housing Stability Assistance
programs: Provided further, That up to $7,000,000 of the
funds appropriated under this heading shall be available for
the national homeless data analysis project: Provided
further, That all funds awarded for supportive services under
the Continuum of Care program and the Rural Housing Stability
Assistance program shall be matched by not less than 25
percent in cash or in kind by each grantee: Provided
further, That for all match requirements applicable to funds
made available under this heading for this fiscal year and
prior years, a grantee may use (or could have used) as a
source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was)
a specific statutory prohibition on any such use of any such
funds: Provided further, That the Secretary shall establish
system performance measures for which each continuum of care
shall report baseline outcomes, and that relative to fiscal
year 2015, under the Continuum of Care competition with
respect to funds made available under this heading, the
Secretary shall base an increasing share of the score on
performance criteria: Provided further, That none of the
funds provided under this heading shall be available to
provide funding for new projects, except for projects created
through reallocation, unless the Secretary determines that
the continuum of care has demonstrated that projects are
evaluated and ranked based on the degree to which they
improve the continuum of care's system performance: Provided
further, That the Secretary shall prioritize funding under
the Continuum of Care program to continuums of care that have
demonstrated a capacity to reallocate funding from lower
performing projects to higher performing projects: Provided
further, That all awards of assistance under this heading
shall be required to coordinate and integrate homeless
programs with other mainstream health, social services, and
employment programs for which homeless populations may be
eligible: Provided further, That with respect to funds
provided under this heading for the Continuum of Care program
for fiscal years 2013, 2014, 2015, and 2016 provision of
permanent housing rental assistance may be administered by
private nonprofit organizations: Provided further, That any
unobligated amounts remaining from funds appropriated under
this heading in fiscal year 2012 and prior years for project-
based rental assistance for rehabilitation projects with 10-
year grant terms may be used for purposes under this heading,
notwithstanding the purposes for which such funds were
appropriated: Provided further, That all balances for
Shelter Plus Care renewals previously funded from the Shelter
Plus Care Renewal account and transferred to this account
shall be available, if recaptured, for Continuum of Care
renewals in fiscal year 2016: Provided further, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the Emergency Solutions Grant program
within 60 days of enactment of this Act: Provided further,
That up to $33,000,000 of the funds appropriated under this
heading shall be to implement projects to demonstrate how a
comprehensive approach to serving homeless youth, age 24 and
under, in up to 10 communities, including at least four rural
communities, can dramatically reduce youth homelessness:
Provided further, That such projects shall be eligible for
renewal under the Continuum of Care program subject to the
same terms and conditions as other renewal applicants:
Provided further, That up to $5,000,000 of the funds
appropriated under this heading shall be available to provide
technical assistance on youth homelessness, and collection,
analysis, and reporting of data and performance measures
under the comprehensive approaches to serve homeless youth,
in addition to and in coordination with other technical
assistance funds provided under this title: Provided
further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third
party documentation to establish their eligibility under 42
U.S.C. 11302(a) or (b) to receive services: Provided
further, That unaccompanied youth aged 24 and under or
families headed by youth aged 24 and under who are living in
unsafe situations may be served by youth-serving providers
funded under this heading: Provided further, That the
Secretary may use amounts made available under this heading
for the Continuum of Care program to renew a grant originally
awarded pursuant to the matter under the heading ``Department
of Housing and Urban Development--Permanent Supportive
Housing'' in chapter 6 of title III of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2351)
for assistance under subtitle F of title IV of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11403 et seq.):
Provided further, That such renewal grant shall be awarded to
the same grantee and be subject to the provisions of such
Continuum of Care program except that the funds may be used
outside the geographic area of the continuum of care.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under
[[Page H9616]]
the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.) (``the Act''), not otherwise provided for,
$10,220,000,000, to remain available until expended, shall be
available on October 1, 2015 (in addition to the $400,000,000
previously appropriated under this heading that became
available October 1, 2015), and $400,000,000, to remain
available until expended, shall be available on October 1,
2016: Provided, That the amounts made available under this
heading shall be available for expiring or terminating
section 8 project-based subsidy contracts (including section
8 moderate rehabilitation contracts), for amendments to
section 8 project-based subsidy contracts (including section
8 moderate rehabilitation contracts), for contracts entered
into pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11401), for renewal of section 8
contracts for units in projects that are subject to approved
plans of action under the Emergency Low Income Housing
Preservation Act of 1987 or the Low-Income Housing
Preservation and Resident Homeownership Act of 1990, and for
administrative and other expenses associated with project-
based activities and assistance funded under this paragraph:
Provided further, That of the total amounts provided under
this heading, not to exceed $215,000,000 shall be available
for performance-based contract administrators for section 8
project-based assistance, for carrying out 42 U.S.C. 1437(f):
Provided further, That the Secretary of Housing and Urban
Development may also use such amounts in the previous proviso
for performance-based contract administrators for the
administration of: interest reduction payments pursuant to
section 236(a) of the National Housing Act (12 U.S.C. 1715z-
1(a)); rent supplement payments pursuant to section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s); section 236(f)(2) rental assistance payments (12
U.S.C. 1715z-1(f)(2)); project rental assistance contracts
for the elderly under section 202(c)(2) of the Housing Act of
1959 (12 U.S.C. 1701q); project rental assistance contracts
for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project
assistance contracts pursuant to section 202(h) of the
Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); and
loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts
recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary of Housing and
Urban Development, project funds that are held in residual
receipts accounts for any project subject to a section 8
project-based Housing Assistance Payments contract that
authorizes HUD or a Housing Finance Agency to require that
surplus project funds be deposited in an interest-bearing
residual receipts account and that are in excess of an amount
to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available
until expended: Provided further, That amounts deposited
pursuant to the previous proviso shall be available in
addition to the amount otherwise provided by this heading for
uses authorized under this heading.
housing for the elderly
For amendments to capital advance contracts for housing for
the elderly, as authorized by section 202 of the Housing Act
of 1959, as amended, and for project rental assistance for
the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 1-year
term, and for senior preservation rental assistance
contracts, including renewals, as authorized by section
811(e) of the American Housing and Economic Opportunity Act
of 2000, as amended, and for supportive services associated
with the housing, $432,700,000 to remain available until
September 30, 2019: Provided, That of the amount provided
under this heading, up to $77,000,000 shall be for service
coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects:
Provided further, That amounts under this heading shall be
available for Real Estate Assessment Center inspections and
inspection-related activities associated with section 202
projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions
of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in
duration: Provided further, That upon request of the
Secretary of Housing and Urban Development, project funds
that are held in residual receipts accounts for any project
subject to a section 202 project rental assistance contract,
and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be
remitted to the Department and deposited in this account, to
be available until September 30, 2019: Provided further,
That amounts deposited in this account pursuant to the
previous proviso shall be available, in addition to the
amounts otherwise provided by this heading, for amendments
and renewals: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
available for amendments and renewals notwithstanding the
purposes for which such funds originally were appropriated.
housing for persons with disabilities
For amendments to capital advance contracts for supportive
housing for persons with disabilities, as authorized by
section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance
for supportive housing for persons with disabilities under
section 811(d)(2) of such Act and for project assistance
contracts pursuant to section 202(h) of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667), including amendments
to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, for
project rental assistance to State housing finance agencies
and other appropriate entities as authorized under section
811(b)(3) of the Cranston-Gonzalez National Housing Act, and
for supportive services associated with the housing for
persons with disabilities as authorized by section 811(b)(1)
of such Act, $150,600,000, to remain available until
September 30, 2019: Provided, That amounts made available
under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related
activities associated with section 811 projects: Provided
further, That, in this fiscal year, upon the request of the
Secretary of Housing and Urban Development, project funds
that are held in residual receipts accounts for any project
subject to a section 811 project rental assistance contract
and that upon termination of such contract are in excess of
an amount to be determined by the Secretary shall be remitted
to the Department and deposited in this account, to be
available until September 30, 2019: Provided further, That
amounts deposited in this account pursuant to the previous
proviso shall be available in addition to the amounts
otherwise provided by this heading for amendments and
renewals: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
used for amendments and renewals notwithstanding the purposes
for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $47,000,000, to
remain available until September 30, 2017, including up to
$4,500,000 for administrative contract services: Provided,
That grants made available from amounts provided under this
heading shall be awarded within 180 days of enactment of this
Act: Provided further, That funds shall be used for
providing counseling and advice to tenants and homeowners,
both current and prospective, with respect to property
maintenance, financial management/literacy, and such other
matters as may be appropriate to assist them in improving
their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership;
for program administration; and for housing counselor
training: Provided further, That for purposes of providing
such grants from amounts provided under this heading, the
Secretary may enter into multiyear agreements as appropriate,
subject to the availability of annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, noninsured rental housing projects,
$30,000,000, to remain available until expended: Provided,
That such amount, together with unobligated balances from
recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover,
remaining from funds appropriated under this heading after
fiscal year 2005, shall also be available for extensions of
up to one year for expiring contracts under such sections of
law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $10,500,000, to remain
available until expended, of which $10,500,000 is to be
derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading
from the general fund shall be reduced as such collections
are received during fiscal year 2016 so as to result in a
final fiscal year 2016 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620
shall be modified as necessary to ensure such a final fiscal
year 2016 appropriation: Provided further, That for the
dispute resolution and installation programs, the Secretary
of Housing and Urban Development may assess and collect fees
from any
[[Page H9617]]
program participant: Provided further, That such collections
shall be deposited into the Fund, and the Secretary, as
provided herein, may use such collections, as well as fees
collected under section 620, for necessary expenses of such
Act: Provided further, That, notwithstanding the
requirements of section 620 of such Act, the Secretary may
carry out responsibilities of the Secretary under such Act
through the use of approved service providers that are paid
directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2017: Provided, That during fiscal year 2016, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$5,000,000: Provided further, That the foregoing amount in
the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain
available until September 30, 2017: Provided further, That
to the extent guaranteed loan commitments exceed
$200,000,000,000 on or before April 1, 2016, an additional
$1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by
this proviso exceed $30,000,000.
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $30,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2017: Provided, That
during fiscal year 2016, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $5,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until September 30,
2017: Provided, That $23,000,000 shall be available for
necessary salaries and expenses of the Office of Government
National Mortgage Association: Provided further, That to the
extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2016, an additional
$100 for necessary salaries and expenses shall be available
until expended for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available
by this proviso exceed $3,000,000: Provided further, That
receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as
amended, shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for
technical assistance, $85,000,000, to remain available until
September 30, 2017: Provided, That with respect to amounts
made available under this heading, notwithstanding section
204 of this title, the Secretary may enter into cooperative
agreements funded with philanthropic entities, other Federal
agencies, or State or local governments and their agencies
for research projects: Provided further, That with respect
to the previous proviso, such partners to the cooperative
agreements must contribute at least a 50 percent match toward
the cost of the project: Provided further, That for non-
competitive agreements entered into in accordance with the
previous two provisos, the Secretary of Housing and Urban
Development shall comply with section 2(b) of the Federal
Funding Accountability and Transparency Act of 2006 (Public
Law 109-282, 31 U.S.C. note) in lieu of compliance with
section 102(a)(4)(C) with respect to documentation of award
decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a
plan, for approval, to the House and Senate Committees on
Appropriations on how it will allocate funding for this
activity.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $65,300,000, to remain
available until September 30, 2017: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such training:
Provided further, That no funds made available under this
heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a
specific contract, grant, or loan: Provided further, That of
the funds made available under this heading, $300,000 shall
be available to the Secretary of Housing and Urban
Development for the creation and promotion of translated
materials and other programs that support the assistance of
persons with limited English proficiency in utilizing the
services provided by the Department of Housing and Urban
Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $110,000,000, to remain available
until September 30, 2017, of which $20,000,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970 that
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of the law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to
be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That of the total amount made
available under this heading, $45,000,000 shall be made
available on a competitive basis for areas with the highest
lead paint abatement needs: Provided further, That each
recipient of funds provided under the previous proviso shall
contribute an amount not less than 25 percent of the total:
Provided further, That each applicant shall certify adequate
capacity that is acceptable to the Secretary to carry out the
proposed use of funds pursuant to a notice of funding
availability: Provided further, That amounts made available
under this heading in this or prior appropriations Acts, and
that still remain available, may be used for any purpose
under this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is
undersubscribed and there are other program competitions
under this heading that are oversubscribed.
Information Technology Fund
For the development of, modifications to, and
infrastructure for Department-wide and program-specific
information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific
information systems, and for program-related maintenance
activities, $250,000,000, shall remain available until
September 30, 2017: Provided, That any amounts transferred
to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to
this Fund from amounts appropriated by previously enacted
appropriations Acts may be used for the purposes specified
under this Fund, in addition to any other information
technology purposes for which such amounts were appropriated.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $126,000,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437 note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
[[Page H9618]]
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2016 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a nonfrivolous legal action, that is
engaged in solely for the purpose of achieving or preventing
action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Sections 203 and 209 of division C of Public Law
112-55 (125 Stat. 693-694) shall apply during fiscal year
2016 as if such sections were included in this title, except
that during such fiscal year such sections shall be applied
by substituting ``fiscal year 2016'' for ``fiscal year 2011''
and for ``fiscal year 2012'' each place such terms appear,
and shall be amended to reflect revised delineations of
statistical areas established by the Office of Management and
Budget pursuant to 44 U.S.C. 3504(e)(3), 31 U.S.C. 1104(d),
and Executive Order No. 10253.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 206. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2016
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 208. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 209. The President's formal budget request for fiscal
year 2017, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical
account and sub-account structure provided under this Act.
Sec. 210. A public housing agency or such other entity
that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, and the
States of Alaska, Iowa, and Mississippi shall not be required
to include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 for the Housing Authority of the county of
Los Angeles, California and the States of Alaska, Iowa and
Mississippi that chooses not to include a resident of public
housing or a recipient of section 8 assistance on the board
of directors or a similar governing board shall establish an
advisory board of not less than six residents of public
housing or recipients of section 8 assistance to provide
advice and comment to the public housing agency or other
administering entity on issues related to public housing and
section 8. Such advisory board shall meet not less than
quarterly.
Sec. 211. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 212. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2016 and 2017, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent
that appropriations are provided in advance for the amount of
any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
[[Page H9619]]
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Public Notice and Research Report.--
(1) The Secretary shall publish by notice in the Federal
Register the terms and conditions, including criteria for HUD
approval, of transfers pursuant to this section no later than
30 days before the effective date of such notice.
(2) The Secretary shall conduct an evaluation of the
transfer authority under this section, including the effect
of such transfers on the operational efficiency, contract
rents, physical and financial conditions, and long-term
preservation of the affected properties.
Sec. 213. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that
individual, except for a person over the age of 23 with
dependent children.
Sec. 214. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 215. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
Development may, until September 30, 2016, insure and enter
into commitments to insure mortgages under such section 255.
Sec. 216. Notwithstanding any other provision of law, in
fiscal year 2016, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the
Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary
may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition
of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall
be subject to the requirements under section 524 of MAHRAA.
Sec. 217. The commitment authority funded by fees as
provided under the heading ``Community Development Loan
Guarantees Program Account'' may be used to guarantee, or
make commitments to guarantee, notes, or other obligations
issued by any State on behalf of non-entitlement communities
in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974:
Provided, That any State receiving such a guarantee or
commitment shall distribute all funds subject to such
guarantee to the units of general local government in non-
entitlement areas that received the commitment.
Sec. 218. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 219. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under
section 9(d) for activities that are eligible under section
9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or
9(g)(2).
Sec. 220. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD sub-office under the
accounts ``Executive Offices'' and ``Administrative Support
Offices,'' as well as each account receiving appropriations
for ``Program Office Salaries and Expenses'', ``Government
National Mortgage Association--Guarantees of Mortgage-Backed
Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and
Urban Development.
Sec. 221. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2016, notify the
public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the
availability of assistance or notice of funding availability
(NOFA) for any program or discretionary fund administered by
the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year
2016, the Secretary may make the NOFA available only on the
Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary.
Sec. 222. Payment of attorney fees in program-related
litigation shall be paid from the individual program office
and Office of General Counsel salaries and expenses
appropriations. The annual budget submission for the program
offices and the Office of General Counsel shall include any
such projected litigation costs for attorney fees as a
separate line item request. No funds provided in this title
may be used to pay any such litigation costs for attorney
fees until the Department submits for review a spending plan
for such costs to the House and Senate Committees on
Appropriations.
Sec. 223. The Secretary is authorized to transfer up to 10
percent or $4,000,000, whichever is less, of funds
appropriated for any office under the heading
``Administrative Support Offices'' or for any account under
the general heading ``Program Office Salaries and Expenses''
to any other such office or account: Provided, That no
appropriation for any such office or account shall be
increased or decreased by more than 10 percent or $4,000,000,
whichever is less, without prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That the Secretary shall provide notification to
such Committees three business days in advance of any such
transfers under this section up to 10 percent or $4,000,000,
whichever is less.
Sec. 224. The Disaster Housing Assistance Programs,
administered by the Department of Housing and Urban
Development, shall be considered a ``program of the
Department of Housing and Urban Development'' under section
904 of the McKinney Act for the purpose of income
verifications and matching.
Sec. 225. (a) The Secretary of Housing and Urban
Development shall take the required actions under subsection
(b) when a multifamily housing project with a section 8
contract or contract for similar project-based assistance:
(1) receives a Real Estate Assessment Center (REAC) score
of 30 or less; or
[[Page H9620]]
(2) receives a REAC score between 31 and 59 and:
(A) fails to certify in writing to HUD within 60 days that
all deficiencies have been corrected; or
(B) receives consecutive scores of less than 60 on REAC
inspections.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but do not apply to such units assisted under section
8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units
assisted with capital or operating funds under section 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437g).
(b) The Secretary shall take the following required actions
as authorized under subsection (a):
(1) The Secretary shall notify the owner and provide an
opportunity for response within 30 days. If the violations
remain, the Secretary shall develop a Compliance, Disposition
and Enforcement Plan within 60 days, with a specified
timetable for correcting all deficiencies. The Secretary
shall provide notice of the Plan to the owner, tenants, the
local government, any mortgagees, and any contract
administrator.
(2) At the end of the term of the Compliance, Disposition
and Enforcement Plan, if the owner fails to fully comply with
such plan, the Secretary may require immediate replacement of
project management with a management agent approved by the
Secretary, and shall take one or more of the following
actions, and provide additional notice of those actions to
the owner and the parties specified above:
(A) impose civil money penalties;
(B) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(C) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered; or
(D) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies.
(c) The Secretary shall also take appropriate steps to
ensure that project-based contracts remain in effect, subject
to the exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other remedies set forth
above. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
the property is not feasible for continued rental assistance
payments under such section 8 or other programs, based on
consideration of (1) the costs of rehabilitating and
operating the property and all available Federal, State, and
local resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and Affordability
Act of 1997 (``MAHRAA'') and (2) environmental conditions
that cannot be remedied in a cost-effective fashion, the
Secretary may, in consultation with the tenants of that
property, contract for project-based rental assistance
payments with an owner or owners of other existing housing
properties, or provide other rental assistance. The Secretary
shall report semi-annually on all properties covered by this
section that are assessed through the Real Estate Assessment
Center and have physical inspection scores of less than 30 or
have consecutive physical inspection scores of less than 60.
The report shall include:
(1) The enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times; and
(2) Actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties.
Sec. 226. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program)
and section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), may be used by any public housing
agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or
employee of which, that exceeds the annual rate of basic pay
payable for a position at level IV of the Executive Schedule
at any time during any public housing agency fiscal year
2016.
Sec. 227. None of the funds in this Act may be available
for the doctoral dissertation research grant program at the
Department of Housing and Urban Development.
Sec. 228. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2016.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2016.''.
Sec. 229. None of the funds in this Act provided to the
Department of Housing and Urban Development may be used to
make a grant award unless the Secretary notifies the House
and Senate Committees on Appropriations not less than 3 full
business days before any project, State, locality, housing
authority, tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the
Department or its offices.
Sec. 230. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment
(PNA).
Sec. 231. None of the funds made available by this Act nor
any receipts or amounts collected under any Federal Housing
Administration program may be used to implement the
Homeowners Armed with Knowledge (HAWK) program.
Sec. 232. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Administration, or the
Department of Housing and Urban Development to insure,
securitize, or establish a Federal guarantee of any mortgage
or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any
other political subdivision of a State.
Sec. 233. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 234. Amounts made available under this Act which are
either appropriated, allocated, advanced on a reimbursable
basis, or transferred to the Office of Policy Development and
Research in the Department of Housing and Urban Development
and functions thereof, for research, evaluation, or
statistical purposes, and which are unexpended at the time of
completion of a contract, grant, or cooperative agreement,
may be deobligated and shall immediately become available and
may be reobligated in that fiscal year or the subsequent
fiscal year for the research, evaluation, or statistical
purposes for which the amounts are made available to that
Office subject to reprogramming requirements in section 405
of this Act.
Sec. 235. Subsection (b) of section 225 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12755) is
amended by adding at the end the following new sentence:
``Such 30-day waiting period is not required if the grounds
for the termination or refusal to renew involve a direct
threat to the safety of the tenants or employees of the
housing, or an imminent and serious threat to the property
(and the termination or refusal to renew is in accordance
with the requirements of State or local law).''.
Sec. 236. None of the funds under this title may be used
for awards, including performance, special act, or spot, for
any employee of the Department of Housing and Urban
Development who is subject to administrative discipline in
fiscal year 2016, including suspension from work.
Sec. 237. The language under the heading ``Rental
Assistance Demonstration'' in the Department of Housing and
Urban Development Appropriations Act, 2012 (Public Law 112-
55) is amended:
(1) In proviso eighteen, by inserting ``for fiscal year
2012 and hereafter,'' after ``Provided further, That''; and
(2) In proviso nineteen, by striking ``, which may extend
beyond fiscal year 2016 as necessary to allow processing of
all timely applications,''.
Sec. 238. Section 526 (12 U.S.C. 1735f-4) of the National
Housing Act is amended by inserting at the end of subsection
(b):
``(c) The Secretary may establish an exception to any
minimum property standard established under this section in
order to address alternative water systems, including
cisterns, which meet requirements of State and local building
codes that ensure health and safety standards.''.
Sec. 239. The Secretary of Housing and Urban Development
shall increase, pursuant to this section, the number of
Moving to Work agencies authorized under section 204, title
II, of the Departments of Veterans Affairs and Housing and
Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321) by adding to
the program 100 public housing agencies that are designated
as high performing agencies under the Public Housing
Assessment System (PHAS) or the Section Eight Management
Assessment Program (SEMAP). No public housing agency shall be
granted this designation through this section that
administers in excess of 27,000 aggregate housing vouchers
and public housing units. Of the agencies selected under this
section, no less than 50 shall administer 1,000 or fewer
aggregate housing voucher and public housing units, no less
than 47 shall administer 1,001-6,000 aggregate housing
voucher and public housing units, and no more than 3 shall
administer 6,001-27,000 aggregate housing voucher and public
housing units. Of the 100 agencies selected under this
section, five shall be agencies with portfolio awards under
the Rental Assistance Demonstration that meet the other
requirements of this section, including current designations
as high performing agencies or such designations held
immediately prior to such portfolio awards. Selection of
agencies under this section shall be based on ensuring the
geographic diversity of Moving to Work agencies. In addition
to the preceding selection criteria, agencies shall be
designated by the
[[Page H9621]]
Secretary over a 7-year period. The Secretary shall establish
a research advisory committee which shall advise the
Secretary with respect to specific policy proposals and
methods of research and evaluation for the demonstration. The
advisory committee shall include program and research experts
from the Department, a fair representation of agencies with a
Moving to Work designation, and independent subject matter
experts in housing policy research. For each cohort of
agencies receiving a designation under this heading, the
Secretary shall direct one specific policy change to be
implemented by the agencies, and with the approval of the
Secretary, such agencies may implement additional policy
changes. All agencies designated under this section shall be
evaluated through rigorous research as determined by the
Secretary, and shall provide information requested by the
Secretary to support such oversight and evaluation, including
the targeted policy changes. Research and evaluation shall be
coordinated under the direction of the Secretary, and in
consultation with the advisory committee, and findings shall
be shared broadly. The Secretary shall consult the advisory
committee with respect to policy changes that have proven
successful and can be applied more broadly to all public
housing agencies, and propose any necessary statutory
changes. The Secretary may, at the request of a Moving to
Work agency and one or more adjacent public housing agencies
in the same area, designate that Moving to Work agency as a
regional agency. A regional Moving to Work agency may
administer the assistance under sections 8 and 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437f and g) for
the participating agencies within its region pursuant to the
terms of its Moving to Work agreement with the Secretary. The
Secretary may agree to extend the term of the agreement and
to make any necessary changes to accommodate regionalization.
A Moving to Work agency may be selected as a regional agency
if the Secretary determines that unified administration of
assistance under sections 8 and 9 by that agency across
multiple jurisdictions will lead to efficiencies and to
greater housing choice for low-income persons in the region.
For purposes of this expansion, in addition to the provisions
of the Act retained in section 204, section 8(r)(1) of the
Act shall continue to apply unless the Secretary determines
that waiver of this section is necessary to implement
comprehensive rent reform and occupancy policies subject to
evaluation by the Secretary, and the waiver contains, at a
minimum, exceptions for requests to port due to employment,
education, health and safety. No public housing agency
granted this designation through this section shall receive
more funding under sections 8 or 9 of the United States
Housing Act of 1937 than it otherwise would have received
absent this designation. The Secretary shall extend the
current Moving to Work agreements of previously designated
participating agencies until the end of each such agency's
fiscal year 2028 under the same terms and conditions of such
current agreements, except for any changes to such terms or
conditions otherwise mutually agreed upon by the Secretary
and any such agency and such extension agreements shall
prohibit any statutory offset of any reserve balances equal
to 4 months of operating expenses. Any such reserve balances
that exceed such amount shall remain available to any such
agency for all permissible purposes under such agreement
unless subject to a statutory offset. In addition to other
reporting requirements, all Moving to Work agencies shall
report financial data to the Department of Housing and Urban
Development as specified by the Secretary, so that the effect
of Moving to Work policy changes can be measured.
Sec. 240. (a) Authority.--Subject to the conditions in
subsection (d), the Secretary of Housing and Urban
Development may authorize, in response to requests received
in fiscal years 2016 through 2020, the transfer of some or
all project-based assistance, tenant-based assistance,
capital advances, debt, and statutorily required use
restrictions from housing assisted under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013) to other new or existing housing, which may include
projects, units, and other types of housing, as permitted by
the Secretary.
(b) Capital Advances.--Interest shall not be due and
repayment of a capital advance shall not be triggered by a
transfer pursuant to this section.
(c) Phased and Proportional Transfers.--
(1) Transfers under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the housing to which the
assistance is transferred, to ensure that such housing meets
the conditions under subsection (d).
(2) The capital advance repayment requirements, use
restrictions, rental assistance, and debt shall transfer
proportionally from the transferring housing to the receiving
housing.
(d) Conditions.--The transfers authorized by this section
shall be subject to the following conditions:
(1) the owner of the transferring housing shall demonstrate
that the transfer is in compliance with applicable Federal,
State, and local requirements regarding Housing for Persons
with Disabilities and shall provide the Secretary with
evidence of obtaining any approvals related to housing
disabled persons that are necessary under Federal, State, and
local government requirements;
(2) the owner of the transferring housing shall demonstrate
to the Secretary that any transfer is in the best interest of
the disabled residents by offering opportunities for
increased integration or less concentration of individuals
with disabilities;
(3) the owner of the transferring housing shall continue to
provide the same number of units as approved for rental
assistance by the Secretary in the receiving housing;
(4) the owner of the transferring housing shall consult
with the disabled residents in the transferring housing about
any proposed transfer under this section and shall notify the
residents of the transferring housing who are eligible for
assistance to be provided in the receiving housing that they
shall not be required to vacate the transferring housing
until the receiving housing is available for occupancy;
(5) the receiving housing shall meet or exceed applicable
physical standards established or adopted by the Secretary;
and
(6) if the receiving housing has a mortgage insured under
title II of the National Housing Act, any lien on the
receiving housing resulting from additional financing shall
be subordinate to any federally insured mortgage lien
transferred to, or placed on, such housing, except that the
Secretary may waive this requirement upon determination that
such a waiver is necessary to facilitate the financing of
acquisition, construction, or rehabilitation of the receiving
housing.
(e) Public Notice.--The Secretary shall publish a notice in
the Federal Register of the terms and conditions, including
criteria for the Department's approval of transfers pursuant
to this section no later than 30 days before the effective
date of such notice.
Sec. 241. (a) Of the unobligated balances, including
recaptures and carryover, remaining from funds appropriated
to the Department of Housing and Urban Development under the
heading ``General and Special Risk Program Account'', and for
the cost of guaranteed notes and other obligations under the
heading ``Native American Housing Block Grants'', $12,000,000
is hereby permanently rescinded.
(b) All unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under the
headings ``Rural Housing and Economic Development'', and
``Homeownership and Opportunity for People Everywhere
Grants'' are hereby permanently rescinded.
Sec. 242. Funds made available in this title under the
heading ``Homeless Assistance Grants'' may be used by the
Secretary to participate in Performance Partnership Pilots
authorized in an appropriations Act for fiscal year 2016 as
initially authorized under section 526 of division H of
Public Law 113-76 and extended under section 524 of division
G of Public Law 113-235: Provided, That such participation
shall be limited to no more than 10 continuums of care and
housing activities to improve outcomes for disconnected
youth.
Sec. 243. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015
and 2016 for the Continuum of Care (CoC) program as
authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act, costs paid by program income of
grant recipients may count toward meeting the recipient's
matching requirements, provided the costs are eligible CoC
costs that supplement the recipients CoC program.
Sec. 244. With respect to funds appropriated under the
``Community Development Fund'' heading for formula allocation
to states pursuant to 42 U.S.C. 5306(d), the Secretary shall
permit a jurisdiction to demonstrate compliance with 42
U.S.C. 5305(c)(2)(A) if it had been designated as majority
low- and moderate-income pursuant to data from the 2000
decennial Census and it continues to have economic distress
as evidenced by inclusion in a designated Rural Promise Zone
or Distressed County as defined by the Appalachian Regional
Commission. This section shall apply to any such state funds
appropriated under such heading under this Act, in each
fiscal year from 2017 through 2020, and under prior
appropriation Acts (with respect to any such allocated but
uncommitted funds available to any such state).
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2016''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$8,023,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 307), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902,
$25,660,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
[[Page H9622]]
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $24,499,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts
and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the
President's budget request for fiscal year 2017, the
Inspector General shall submit to the House and Senate
Committees on Appropriations a budget request for fiscal year
2017 in similar format and substance to those submitted by
executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902),
$105,170,000, of which not to exceed $2,000 may be used for
official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital
lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $135,000,000, of which $5,000,000
shall be for a multi-family rental housing program:
Provided, That in addition, $40,000,000 shall be made
available until expended to the Neighborhood Reinvestment
Corporation for mortgage foreclosure mitigation activities,
under the following terms and conditions:
(1) The Neighborhood Reinvestment Corporation (NRC) shall
make grants to counseling intermediaries approved by the
Department of Housing and Urban Development (HUD) (with match
to be determined by NRC based on affordability and the
economic conditions of an area; a match also may be waived by
NRC based on the aforementioned conditions) to provide
mortgage foreclosure mitigation assistance primarily to
States and areas with high rates of defaults and foreclosures
to help eliminate the default and foreclosure of mortgages of
owner-occupied single-family homes that are at risk of such
foreclosure. Other than areas with high rates of defaults and
foreclosures, grants may also be provided to approved
counseling intermediaries based on a geographic analysis of
the Nation by NRC which determines where there is a
prevalence of mortgages that are risky and likely to fail,
including any trends for mortgages that are likely to default
and face foreclosure. A State Housing Finance Agency may also
be eligible where the State Housing Finance Agency meets all
the requirements under this paragraph. A HUD-approved
counseling intermediary shall meet certain mortgage
foreclosure mitigation assistance counseling requirements, as
determined by NRC, and shall be approved by HUD or NRC as
meeting these requirements.
(2) Mortgage foreclosure mitigation assistance shall only
be made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages
shall likely be subject to a foreclosure action and
homeowners will be provided such assistance that shall
consist of activities that are likely to prevent foreclosures
and result in the long-term affordability of the mortgage
retained pursuant to such activity or another positive
outcome for the homeowner. No funds made available under this
paragraph may be provided directly to lenders or homeowners
to discharge outstanding mortgage balances or for any other
direct debt reduction payments.
(3) The use of mortgage foreclosure mitigation assistance
by approved counseling intermediaries and State Housing
Finance Agencies shall involve a reasonable analysis of the
borrower's financial situation, an evaluation of the current
value of the property that is subject to the mortgage,
counseling regarding the assumption of the mortgage by
another non-Federal party, counseling regarding the possible
purchase of the mortgage by a non-Federal third party,
counseling and advice of all likely restructuring and
refinancing strategies or the approval of a work-out strategy
by all interested parties.
(4) NRC may provide up to 15 percent of the total funds
under this paragraph to its own charter members with
expertise in foreclosure prevention counseling, subject to a
certification by NRC that the procedures for selection do not
consist of any procedures or activities that could be
construed as a conflict of interest or have the appearance of
impropriety.
(5) HUD-approved counseling entities and State Housing
Finance Agencies receiving funds under this paragraph shall
have demonstrated experience in successfully working with
financial institutions as well as borrowers facing default,
delinquency and foreclosure as well as documented counseling
capacity, outreach capacity, past successful performance and
positive outcomes with documented counseling plans (including
post mortgage foreclosure mitigation counseling), loan
workout agreements and loan modification agreements. NRC may
use other criteria to demonstrate capacity in underserved
areas.
(6) Of the total amount made available under this
paragraph, up to $2,000,000 may be made available to build
the mortgage foreclosure and default mitigation counseling
capacity of counseling intermediaries through NRC training
courses with HUD-approved counseling intermediaries and their
partners, except that private financial institutions that
participate in NRC training shall pay market rates for such
training.
(7) Of the total amount made available under this
paragraph, up to 5 percent may be used for associated
administrative expenses for NRC to carry out activities
provided under this section.
(8) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training,
as determined by NRC.
(9) NRC shall continue to report bi-annually to the House
and Senate Committees on Appropriations as well as the Senate
Banking Committee and House Financial Services Committee on
its efforts to mitigate mortgage default.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,530,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. 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. 402. 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. 403. The expenditure of any appropriation under this
Act for any consulting service through a 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. 404. (a) None of the funds made available in this 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. 405. 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;
[[Page H9623]]
(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 either the House or Senate Committees on Appropriations
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, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate
Committees on Appropriations: Provided, 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 Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in the budget
appendix for the respective appropriation; and
(C) an identification of items of special congressional
interest.
Sec. 406. 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 House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownfields as defined in the Small Business Liability Relief
and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 408. 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. 409. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 410. 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 sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 411. 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 the Buy
American Act (41 U.S.C. 10a-10c).
Sec. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 414. 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 of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: 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.
Sec. 415. None of the funds made available by this Act may
be used by the Federal Transit Administration to implement,
administer, or enforce section 18.36(c)(2) of title 49, Code
of Federal Regulations, for construction hiring purposes.
Sec. 416. None of the funds made available by this Act may
be used in contravention of the 5th or 14th Amendment to the
Constitution or title VI of the Civil Rights Act of 1964.
Sec. 417. None of the funds made available by this Act may
be used by the Department of Transportation, the Department
of Housing and Urban Development, or any other Federal agency
to lease or purchase new light duty vehicles for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum--Federal Fleet
Performance, dated May 24, 2011.
Sec. 418. None of the funds made available by this Act may
be used in contravention of subpart E of part 5 of the
regulations of the Secretary of Housing and Urban Development
(24 CFR part 5, subpart E, relating to restrictions on
assistance to noncitizens).
Sec. 419. None of the funds made available by this Act may
be used to provide financial assistance in contravention of
section 214(d) of the Housing and Community Development Act
of 1980 (42 U.S.C. 1436a(d)).
Sec. 420. For an additional amount for ``Community
Planning and Development, Community Development Fund'',
$300,000,000, to remain available until expended, for
necessary expenses for activities authorized under title I of
the Housing and Community Development Act of 1974 (42 U.S.C.
5301 et seq.) related to disaster relief, long-term recovery,
restoration of infrastructure and housing, and economic
revitalization in the most impacted and distressed areas
resulting from a major disaster declared in 2015 pursuant to
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) related to the
consequences of Hurricane Joaquin and adjacent storm systems,
Hurricane Patricia, and other flood events: Provided, That
funds shall be awarded directly to the State or unit of
general local government at the discretion of the Secretary:
Provided further, That prior to the obligation of funds a
grantee shall submit a plan to the Secretary for approval
detailing the proposed use of all funds, including criteria
for eligibility and how the use of these funds will address
long-term recovery and restoration of infrastructure and
housing and economic revitalization in the most impacted and
distressed areas: Provided further, That such funds may not
be used for activities reimbursable by, or for which funds
are made available by, the Federal Emergency Management
Agency or the Army Corps of Engineers: Provided further,
That funds allocated under this heading shall not be
considered relevant to the non-disaster formula allocations
made pursuant to section 106 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306): Provided further,
That a State or subdivision thereof may use up to five
percent of its allocation for administrative costs: Provided
further, That in administering the funds under this heading,
the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in
connection with the obligation by the Secretary or the use by
the recipient of these funds (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), if the Secretary finds that good cause exists
for the waiver or alternative requirement and such waiver or
alternative requirement would not be inconsistent with the
overall purpose of title I of the Housing and Community
Development Act of 1974: Provided further, That,
notwithstanding the preceding proviso, recipients of funds
provided under this heading that use such funds to supplement
Federal assistance provided under section 402, 403, 404, 406,
407, or 502 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
[[Page H9624]]
5121 et seq.) may adopt, without review or public comment,
any environmental review, approval, or permit performed by a
Federal agency, and such adoption shall satisfy the
responsibilities of the recipient with respect to such
environmental review, approval or permit: Provided further,
That, notwithstanding section 104(g)(2) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the
Secretary may, upon receipt of a request for release of funds
and certification, immediately approve the release of funds
for an activity or project assisted under this heading if the
recipient has adopted an environmental review, approval or
permit under the preceding proviso or the activity or project
is categorically excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
Provided further, That the Secretary shall publish via notice
in the Federal Register any waiver, or alternative
requirement, to any statute or regulation that the Secretary
administers pursuant to title I of the Housing and Community
Development Act of 1974 no later than five days before the
effective date of such waiver or alternative requirement:
Provided further, That of the amounts made available under
this section, up to $1,000,000 may be transferred to
``Program Office Salaries and Expenses, Community Planning
and Development'' for necessary costs, including information
technology costs, of administering and overseeing funds made
available under this heading: Provided further, That amounts
provided under this section shall be designated by 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. 421. Effective as of December 4, 2015, and as if
included therein as enacted, section 1408 of the Fixing
America's Surface Transportation Act (Public Law 114-94) is
amended by adding at the end the following:
``(c) Applicability.--The amendment made by subsection (b)
shall apply to projects to repair or reconstruct facilities
damaged as a result of a natural disaster or catastrophic
failure described in section 125(a) of title 23, United
States Code, occurring on or after October 1, 2015.''.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2016''.
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Intelligence Authorization Act for Fiscal Year 2016''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Explanatory statement.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Clarification regarding authority for flexible personnel
management among elements of intelligence community.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Provision of information and assistance to Inspector General
of the Intelligence Community.
Sec. 304. Inclusion of Inspector General of Intelligence Community in
Council of Inspectors General on Integrity and
Efficiency.
Sec. 305. Clarification of authority of Privacy and Civil Liberties
Oversight Board.
Sec. 306. Enhancing government personnel security programs.
Sec. 307. Notification of changes to retention of call detail record
policies.
Sec. 308. Personnel information notification policy by the Director of
National Intelligence.
Sec. 309. Designation of lead intelligence officer for tunnels.
Sec. 310. Reporting process required for tracking certain requests for
country clearance.
Sec. 311. Study on reduction of analytic duplication.
Sec. 312. Strategy for comprehensive interagency review of the United
States national security overhead satellite architecture.
Sec. 313. Cyber attack standards of measurement study.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Appointment and confirmation of the National
Counterintelligence Executive.
Sec. 402. Technical amendments relating to pay under title 5, United
States Code.
Sec. 403. Analytic objectivity review.
Subtitle B--Central Intelligence Agency and Other Elements
Sec. 411. Authorities of the Inspector General for the Central
Intelligence Agency.
Sec. 412. Prior congressional notification of transfers of funds for
certain intelligence activities.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
Sec. 501. Notice of deployment or transfer of Club-K container missile
system by the Russian Federation.
Sec. 502. Assessment on funding of political parties and
nongovernmental organizations by the Russian Federation.
Sec. 503. Assessment on the use of political assassinations as a form
of statecraft by the Russian Federation.
Subtitle B--Matters Relating to Other Countries
Sec. 511. Report on resources and collection posture with regard to the
South China Sea and East China Sea.
Sec. 512. Use of locally employed staff serving at a United States
diplomatic facility in Cuba.
Sec. 513. Inclusion of sensitive compartmented information facilities
in United States diplomatic facilities in Cuba.
Sec. 514. Report on use by Iran of funds made available through
sanctions relief.
TITLE VI--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA
Sec. 601. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to the United States.
Sec. 602. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 603. Prohibition on use of funds for transfer or release to
certain countries of individuals detained at United
States Naval Station, Guantanamo Bay, Cuba.
TITLE VII--REPORTS AND OTHER MATTERS
Subtitle A--Reports
Sec. 701. Repeal of certain reporting requirements.
Sec. 702. Reports on foreign fighters.
Sec. 703. Report on strategy, efforts, and resources to detect, deter,
and degrade Islamic State revenue mechanisms.
Sec. 704. Report on United States counterterrorism strategy to disrupt,
dismantle, and defeat the Islamic State, al-Qa'ida, and
their affiliated groups, associated groups, and
adherents.
Sec. 705. Report on effects of data breach of Office of Personnel
Management.
Sec. 706. Report on hiring of graduates of Cyber Corps Scholarship
Program by intelligence community.
Sec. 707. Report on use of certain business concerns.
Subtitle B--Other Matters
Sec. 711. Use of homeland security grant funds in conjunction with
Department of Energy national laboratories.
Sec. 712. Inclusion of certain minority-serving institutions in grant
program to enhance recruiting of intelligence community
workforce.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 3. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed
in the House section of the Congressional Record on or about
December 15, 2015, by the Chairman of the Permanent Select
Committee on Intelligence of the House of Representatives,
shall have the same effect with respect to the implementation
of this division as if it were a joint explanatory statement
of a committee of conference.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2016 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
[[Page H9625]]
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The
amounts authorized to be appropriated under section 101 and,
subject to section 103, the authorized personnel ceilings as
of September 30, 2016, for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through
(16) of section 101, are those specified in the classified
Schedule of Authorizations prepared to accompany this
division of this Act.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National
Intelligence may authorize employment of civilian personnel
in excess of the number authorized for fiscal year 2016 by
the classified Schedule of Authorizations referred to in
section 102(a) if the Director of National Intelligence
determines that such action is necessary to the performance
of important intelligence functions, except that the number
of personnel employed in excess of the number authorized
under such section may not, for any element of the
intelligence community, exceed 3 percent of the number of
civilian personnel authorized under such schedule for such
element.
(b) Treatment of Certain Personnel.--The Director of
National Intelligence shall establish guidelines that govern,
for each element of the intelligence community, the treatment
under the personnel levels authorized under section 102(a),
including any exemption from such personnel levels, of
employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) Notice to Congressional Intelligence Committees.--The
Director of National Intelligence shall notify the
congressional intelligence committees in writing at least 15
days prior to each exercise of an authority described in
subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2016 the sum of $516,306,000. Within such amount, funds
identified in the classified Schedule of Authorizations
referred to in section 102(a) for advanced research and
development shall remain available until September 30, 2017.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 785 positions as of
September 30, 2016. Personnel serving in such elements may be
permanent employees of the Office of the Director of National
Intelligence or personnel detailed from other elements of the
United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2016 such additional amounts as are
specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
advanced research and development shall remain available
until September 30, 2017.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2016, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 102(a).
SEC. 105. CLARIFICATION REGARDING AUTHORITY FOR FLEXIBLE
PERSONNEL MANAGEMENT AMONG ELEMENTS OF
INTELLIGENCE COMMUNITY.
(a) Clarification.--Section 102A(v) of the National
Security Act of 1947 (50 U.S.C. 3024(v)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) A covered department may appoint an individual to a
position converted or established pursuant to this subsection
without regard to the civil-service laws, including parts II
and III of title 5, United States Code.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to an appointment under section
102A(v) of the National Security Act of 1947 (50 U.S.C.
3024(v)) made on or after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2012 (Public
Law 112-87) and to any proceeding pending on or filed after
the date of the enactment of this section that relates to
such an appointment.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2016 the sum of $514,000,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall
not be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 303. PROVISION OF INFORMATION AND ASSISTANCE TO
INSPECTOR GENERAL OF THE INTELLIGENCE
COMMUNITY.
Section 103H(j)(4) of the National Security Act of 1947 (50
U.S.C. 3033(j)(4)) is amended--
(1) in subparagraph (A), by striking ``any department,
agency, or other element of the United States Government''
and inserting ``any Federal, State (as defined in section
804), or local governmental agency or unit thereof''; and
(2) in subparagraph (B), by inserting ``from a department,
agency, or element of the Federal Government'' before ``under
subparagraph (A)''.
SEC. 304. INCLUSION OF INSPECTOR GENERAL OF INTELLIGENCE
COMMUNITY IN COUNCIL OF INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY.
Section 11(b)(1)(B) of the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.) is amended by striking
``the Office of the Director of National Intelligence'' and
inserting ``the Intelligence Community''.
SEC. 305. CLARIFICATION OF AUTHORITY OF PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD.
Section 1061(g) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended by
adding at the end the following new paragraph:
``(5) Access.--Nothing in this section shall be construed
to authorize the Board, or any agent thereof, to gain access
to information regarding an activity covered by section
503(a) of the National Security Act of 1947 (50 U.S.C.
3093(a)).''.
SEC. 306. ENHANCING GOVERNMENT PERSONNEL SECURITY PROGRAMS.
(a) Enhanced Security Clearance Programs.--
(1) In general.--Part III of title 5, United States Code,
is amended by adding at the end the following:
``Subpart J--Enhanced Personnel Security Programs
``CHAPTER 110--ENHANCED PERSONNEL SECURITY PROGRAMS
``Sec.
``11001. Enhanced personnel security programs.
``SEC. 11001. ENHANCED PERSONNEL SECURITY PROGRAMS.
``(a) Enhanced Personnel Security Program.--The Director of
National Intelligence shall direct each agency to implement a
program to provide enhanced security review of covered
individuals--
``(1) in accordance with this section; and
``(2) not later than the earlier of--
``(A) the date that is 5 years after the date of the
enactment of the Intelligence Authorization Act for Fiscal
Year 2016; or
``(B) the date on which the backlog of overdue periodic
reinvestigations of covered individuals is eliminated, as
determined by the Director of National Intelligence.
``(b) Comprehensiveness.--
``(1) Sources of information.--The enhanced personnel
security program of an
[[Page H9626]]
agency shall integrate relevant and appropriate information
from various sources, including government, publicly
available, and commercial data sources, consumer reporting
agencies, social media, and such other sources as determined
by the Director of National Intelligence.
``(2) Types of information.--Information obtained and
integrated from sources described in paragraph (1) may
include--
``(A) information relating to any criminal or civil legal
proceeding;
``(B) financial information relating to the covered
individual, including the credit worthiness of the covered
individual;
``(C) publicly available information, whether electronic,
printed, or other form, including relevant security or
counterintelligence information about the covered individual
or information that may suggest ill intent, vulnerability to
blackmail, compulsive behavior, allegiance to another
country, change in ideology, or that the covered individual
lacks good judgment, reliability, or trustworthiness; and
``(D) data maintained on any terrorist or criminal watch
list maintained by any agency, State or local government, or
international organization.
``(c) Reviews of Covered Individuals.--
``(1) Reviews.--
``(A) In general.--The enhanced personnel security program
of an agency shall require that, not less than 2 times every
5 years, the head of the agency shall conduct or request the
conduct of automated record checks and checks of information
from sources under subsection (b) to ensure the continued
eligibility of each covered individual to access classified
information and hold a sensitive position unless more
frequent reviews of automated record checks and checks of
information from sources under subsection (b) are conducted
on the covered individual.
``(B) Scope of reviews.--Except for a covered individual
who is subject to more frequent reviews to ensure the
continued eligibility of the covered individual to access
classified information and hold a sensitive position, the
reviews under subparagraph (A) shall consist of random or
aperiodic checks of covered individuals, such that each
covered individual is subject to at least 2 reviews during
the 5-year period beginning on the date on which the agency
implements the enhanced personnel security program of an
agency, and during each 5-year period thereafter.
``(C) Individual reviews.--A review of the information
relating to the continued eligibility of a covered individual
to access classified information and hold a sensitive
position under subparagraph (A) may not be conducted until
after the end of the 120-day period beginning on the date the
covered individual receives the notification required under
paragraph (3).
``(2) Results.--The head of an agency shall take
appropriate action if a review under paragraph (1) finds
relevant information that may affect the continued
eligibility of a covered individual to access classified
information and hold a sensitive position.
``(3) Information for covered individuals.--The head of an
agency shall ensure that each covered individual is
adequately advised of the types of relevant security or
counterintelligence information the covered individual is
required to report to the head of the agency.
``(4) Limitation.--Nothing in this subsection shall be
construed to affect the authority of an agency to determine
the appropriate weight to be given to information relating to
a covered individual in evaluating the continued eligibility
of the covered individual.
``(5) Authority of the president.--Nothing in this
subsection shall be construed as limiting the authority of
the President to direct or perpetuate periodic
reinvestigations of a more comprehensive nature or to
delegate the authority to direct or perpetuate such
reinvestigations.
``(6) Effect on other reviews.--Reviews conducted under
paragraph (1) are in addition to investigations and
reinvestigations conducted pursuant to section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341).
``(d) Audit.--
``(1) In general.--Beginning 2 years after the date of the
implementation of the enhanced personnel security program of
an agency under subsection (a), the Inspector General of the
agency shall conduct at least 1 audit to assess the
effectiveness and fairness, which shall be determined in
accordance with performance measures and standards
established by the Director of National Intelligence, to
covered individuals of the enhanced personnel security
program of the agency.
``(2) Submissions to dni.--The results of each audit
conducted under paragraph (1) shall be submitted to the
Director of National Intelligence to assess the effectiveness
and fairness of the enhanced personnel security programs
across the Federal Government.
``(e) Definitions.--In this section--
``(1) the term `agency' has the meaning given that term in
section 3001 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341);
``(2) the term `consumer reporting agency' has the meaning
given that term in section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a);
``(3) the term `covered individual' means an individual
employed by an agency or a contractor of an agency who has
been determined eligible for access to classified information
or eligible to hold a sensitive position;
``(4) the term `enhanced personnel security program' means
a program implemented by an agency at the direction of the
Director of National Intelligence under subsection (a);
and''.
(2) Technical and conforming amendment.--The table of
chapters for part III of title 5, United States Code, is
amended by adding at the end following:
``Subpart J--Enhanced Personnel Security Programs
``110. Enhanced personnel security programs...............11001''.....
(b) Resolution of Backlog of Overdue Periodic
Reinvestigations.--
(1) In general.--The Director of National Intelligence
shall develop and implement a plan to eliminate the backlog
of overdue periodic reinvestigations of covered individuals.
(2) Requirements.--The plan developed under paragraph (1)
shall--
(A) use a risk-based approach to--
(i) identify high-risk populations; and
(ii) prioritize reinvestigations that are due or overdue to
be conducted; and
(B) use random automated record checks of covered
individuals that shall include all covered individuals in the
pool of individuals subject to a one-time check.
(3) Definitions.--In this subsection:
(A) The term ``covered individual'' means an individual who
has been determined eligible for access to classified
information or eligible to hold a sensitive position.
(B) The term ``periodic reinvestigations'' has the meaning
given such term in section 3001(a)(7) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(a)(7)).
SEC. 307. NOTIFICATION OF CHANGES TO RETENTION OF CALL DETAIL
RECORD POLICIES.
(a) Requirement To Retain.--
(1) In general.--Not later than 15 days after learning that
an electronic communication service provider that generates
call detail records in the ordinary course of business has
changed the policy of the provider on the retention of such
call detail records to result in a retention period of less
than 18 months, the Director of National Intelligence shall
notify, in writing, the congressional intelligence committees
of such change.
(2) Report.--Not later than 30 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees a report identifying
each electronic communication service provider that has, as
of the date of the report, a policy to retain call detail
records for a period of 18 months or less.
(b) Definitions.--In this section:
(1) Call detail record.--The term ``call detail record''
has the meaning given that term in section 501(k) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861(k)).
(2) Electronic communication service provider.--The term
``electronic communication service provider'' has the meaning
given that term in section 701(b)(4) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)(4)).
SEC. 308. PERSONNEL INFORMATION NOTIFICATION POLICY BY THE
DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Directive Required.--The Director of National
Intelligence shall issue a directive containing a written
policy for the timely notification to the congressional
intelligence committees of the identities of individuals
occupying senior level positions within the intelligence
community.
(b) Senior Level Position.--In identifying positions that
are senior level positions in the intelligence community for
purposes of the directive required under subsection (a), the
Director of National Intelligence shall consider whether a
position--
(1) constitutes the head of an entity or a significant
component within an agency;
(2) is involved in the management or oversight of matters
of significant import to the leadership of an entity of the
intelligence community;
(3) provides significant responsibility on behalf of the
intelligence community;
(4) requires the management of a significant number of
personnel or funds;
(5) requires responsibility management or oversight of
sensitive intelligence activities; and
(6) is held by an individual designated as a senior
intelligence management official as such term is defined in
section 368(a)(6) of the Intelligence Authorization Act for
Fiscal Year 2010 (Public Law 111-259; 50 U.S.C. 404i-1 note).
(c) Notification.--The Director shall ensure that each
notification under the directive issued under subsection (a)
includes each of the following:
(1) The name of the individual occupying the position.
(2) Any previous senior level position held by the
individual, if applicable, or the position held by the
individual immediately prior to the appointment.
(3) The position to be occupied by the individual.
(4) Any other information the Director determines
appropriate.
(d) Relationship to Other Laws.--The directive issued under
subsection (a) and any amendment to such directive shall be
consistent with the provisions of the National Security Act
of 1947 (50 U.S.C. 401 et seq.).
[[Page H9627]]
(e) Submission.--Not later than 90 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees the directive issued
under subsection (a).
SEC. 309. DESIGNATION OF LEAD INTELLIGENCE OFFICER FOR
TUNNELS.
(a) In General.--The Director of National Intelligence
shall designate an official to manage the collection and
analysis of intelligence regarding the tactical use of
tunnels by state and nonstate actors.
(b) Annual Report.--Not later than the date that is 10
months after the date of the enactment of this Act, and
biennially thereafter until the date that is 4 years after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees and the congressional defense
committees (as such term is defined in section 101(a)(16) of
title 10, United States Code) a report describing--
(1) trends in the use of tunnels by foreign state and
nonstate actors; and
(2) collaboration efforts between the United States and
partner countries to address the use of tunnels by
adversaries.
SEC. 310. REPORTING PROCESS REQUIRED FOR TRACKING CERTAIN
REQUESTS FOR COUNTRY CLEARANCE.
(a) In General.--By not later than September 30, 2016, the
Director of National Intelligence shall establish a formal
internal reporting process for tracking requests for country
clearance submitted to overseas Director of National
Intelligence representatives by departments and agencies of
the United States. Such reporting process shall include a
mechanism for tracking the department or agency that submits
each such request and the date on which each such request is
submitted.
(b) Congressional Briefing.--By not later than December 31,
2016, the Director of National Intelligence shall brief the
congressional intelligence committees on the progress of the
Director in establishing the process required under
subsection (a).
SEC. 311. STUDY ON REDUCTION OF ANALYTIC DUPLICATION.
(a) Study and Report.--
(1) In general.--Not later than January 31, 2016, the
Director of National Intelligence shall--
(A) carry out a study to evaluate and measure the incidence
of duplication in finished intelligence analysis products;
and
(B) submit to the congressional intelligence committees a
report on the findings of such study.
(2) Methodology requirements.--The methodology used to
carry out the study required by this subsection shall be able
to be repeated for use in other subsequent studies.
(b) Elements.--The report required by subsection (a)(1)(B)
shall include--
(1) detailed information--
(A) relating to the frequency of duplication of finished
intelligence analysis products; and
(B) that describes the types of, and the reasons for, any
such duplication; and
(2) a determination as to whether to make the production of
such information a routine part of the mission of the
Analytic Integrity and Standards Group.
(c) Customer Impact Plan.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees a plan for revising analytic
practice, tradecraft, and standards to ensure customers are
able to clearly identify--
(1) the manner in which intelligence products written on
similar topics and that are produced contemporaneously differ
from one another in terms of methodology, sourcing, or other
distinguishing analytic characteristics; and
(2) the significance of that difference.
(d) Construction.--Nothing in this section may be construed
to impose any requirement that would interfere with the
production of an operationally urgent or otherwise time-
sensitive current intelligence product.
SEC. 312. STRATEGY FOR COMPREHENSIVE INTERAGENCY REVIEW OF
THE UNITED STATES NATIONAL SECURITY OVERHEAD
SATELLITE ARCHITECTURE.
(a) Requirement for Strategy.--The Director of National
Intelligence shall collaborate with the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff to develop a
strategy, with milestones and benchmarks, to ensure that
there is a comprehensive interagency review of policies and
practices for planning and acquiring national security
satellite systems and architectures, including the
capabilities of commercial systems and partner countries,
consistent with the National Space Policy issued on June 28,
2010. Such strategy shall, where applicable, account for the
unique missions and authorities vested in the Department of
Defense and the intelligence community.
(b) Elements.--The strategy required by subsection (a)
shall ensure that the United States national security
overhead satellite architecture--
(1) meets the needs of the United States in peace time and
is resilient in war time;
(2) is fiscally responsible;
(3) accurately takes into account cost and performance
tradeoffs;
(4) meets realistic requirements;
(5) produces excellence, innovation, competition, and a
robust industrial base;
(6) aims to produce in less than 5 years innovative
satellite systems that are able to leverage common,
standardized design elements and commercially available
technologies;
(7) takes advantage of rapid advances in commercial
technology, innovation, and commercial-like acquisition
practices;
(8) is open to innovative concepts, such as distributed,
disaggregated architectures, that could allow for better
resiliency, reconstitution, replenishment, and rapid
technological refresh; and
(9) emphasizes deterrence and recognizes the importance of
offensive and defensive space control capabilities.
(c) Report on Strategy.--Not later than February 28, 2016,
the Director of National Intelligence, the Secretary of
Defense, and the Chairman of the Joint Chiefs of Staff shall
jointly submit to the congressional intelligence committees,
the Committee on Armed Services of the Senate, and the
Committee on Armed Services of the House of Representatives a
report on the strategy required by subsection (a).
SEC. 313. CYBER ATTACK STANDARDS OF MEASUREMENT STUDY.
(a) Study Required.--The Director of National Intelligence,
in consultation with the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, and the
Secretary of Defense, shall carry out a study to determine
appropriate standards that--
(1) can be used to measure the damage of cyber incidents
for the purposes of determining the response to such
incidents; and
(2) include a method for quantifying the damage caused to
affected computers, systems, and devices.
(b) Reports to Congress.--
(1) Preliminary findings.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the appropriate
congressional committees the initial findings of the study
required under subsection (a).
(2) Report.--Not later than 360 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the appropriate congressional committees a
report containing the complete findings of such study.
(3) Form of report.--The report required by paragraph (2)
shall be submitted in unclassified form, but may contain a
classified annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(4) The Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. APPOINTMENT AND CONFIRMATION OF THE NATIONAL
COUNTERINTELLIGENCE EXECUTIVE.
(a) In General.--Section 902(a) of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3382) is amended to read
as follows:
``(a) Establishment.--There shall be a National
Counterintelligence Executive who shall be appointed by the
President, by and with the advice and consent of the
Senate.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 402. TECHNICAL AMENDMENTS RELATING TO PAY UNDER TITLE 5,
UNITED STATES CODE.
Section 5102(a)(1) of title 5, United States Code, is
amended--
(1) in clause (vii), by striking ``or'';
(2) by inserting after clause (vii) the following new
clause:
``(viii) the Office of the Director of National
Intelligence;''; and
(3) in clause (x), by striking the period and inserting a
semicolon.
SEC. 403. ANALYTIC OBJECTIVITY REVIEW.
(a) Assessment.--The Director of National Intelligence
shall assign the Chief of the Analytic Integrity and
Standards Group to conduct a review of finished intelligence
products produced by the Central Intelligence Agency to
assess whether the reorganization of the Agency, announced
publicly on March 6, 2015, has resulted in any loss of
analytic objectivity.
(b) Submission.--Not later than March 6, 2017, the Director
of National Intelligence shall submit to the congressional
intelligence committees, in writing, the results of the
review required under subsection (a), including--
(1) an assessment comparing the analytic objectivity of a
representative sample of finished intelligence products
produced by the Central Intelligence Agency before the
reorganization and a representative sample of such finished
intelligence products produced after the reorganization,
predicated on the products' communication of uncertainty,
expression of alternative analysis, and other underlying
evaluative criteria referenced in the Strategic Evaluation of
All-Source Analysis directed by the Director;
[[Page H9628]]
(2) an assessment comparing the historical results of
anonymous surveys of Central Intelligence Agency analysts and
customers conducted before the reorganization and the results
of such anonymous surveys conducted after the reorganization,
with a focus on the analytic standard of objectivity;
(3) a metrics-based evaluation measuring the effect that
the reorganization's integration of operational, analytic,
support, technical, and digital personnel and capabilities
into Mission Centers has had on analytic objectivity; and
(4) any recommendations for ensuring that analysts of the
Central Intelligence Agency perform their functions with
objectivity, are not unduly constrained, and are not
influenced by the force of preference for a particular
policy.
Subtitle B--Central Intelligence Agency and Other Elements
SEC. 411. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE
CENTRAL INTELLIGENCE AGENCY.
(a) Information and Assistance.--Paragraph (9) of section
17(e) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3517(e)(9)) is amended to read as follows:
``(9)(A) The Inspector General may request such information
or assistance as may be necessary for carrying out the duties
and responsibilities of the Inspector General provided by
this section from any Federal, State, or local governmental
agency or unit thereof.
``(B) Upon request of the Inspector General for information
or assistance from a department or agency of the Federal
Government, the head of the department or agency involved,
insofar as practicable and not in contravention of any
existing statutory restriction or regulation of such
department or agency, shall furnish to the Inspector General,
or to an authorized designee, such information or assistance.
``(C) Nothing in this paragraph may be construed to provide
any new authority to the Central Intelligence Agency to
conduct intelligence activity in the United States.
``(D) In this paragraph, the term `State' means each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, and any territory or possession of the United
States.''.
(b) Technical Amendments Relating to Selection of
Employees.--Paragraph (7) of such section (50 U.S.C.
3517(e)(7)) is amended--
(1) by inserting ``(A)'' before ``Subject to applicable
law''; and
(2) by adding at the end the following new subparagraph:
``(B) Consistent with budgetary and personnel resources
allocated by the Director, the Inspector General has final
approval of--
``(i) the selection of internal and external candidates for
employment with the Office of Inspector General; and
``(ii) all other personnel decisions concerning personnel
permanently assigned to the Office of Inspector General,
including selection and appointment to the Senior
Intelligence Service, but excluding all security-based
determinations that are not within the authority of a head of
other Central Intelligence Agency offices.''.
SEC. 412. PRIOR CONGRESSIONAL NOTIFICATION OF TRANSFERS OF
FUNDS FOR CERTAIN INTELLIGENCE ACTIVITIES.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this division
or otherwise made available for the intelligence community
for fiscal year 2016 may be used to initiate a transfer of
funds from the Joint Improvised Explosive Device Defeat Fund
or the Counterterrorism Partnerships Fund to be used for
intelligence activities unless the Director of National
Intelligence or the Secretary of Defense, as appropriate,
submits to the congressional intelligence committees, by not
later than 15 days before initiating such a transfer, written
notice of the transfer.
(b) Waiver.--
(1) In general.--The Director of National Intelligence or
the Secretary of Defense, as appropriate, may waive
subsection (a) with respect to the initiation of a transfer
of funds if the Director or Secretary, as the case may be,
determines that an emergency situation makes it impossible or
impractical to provide the notice required under such
subsection by the date that is 15 days before such
initiation.
(2) Notice.--If the Director or Secretary issues a waiver
under paragraph (1), the Director or Secretary, as the case
may be, shall submit to the congressional intelligence
committees, by not later than 48 hours after the initiation
of the transfer of funds covered by the waiver, written
notice of the waiver and a justification for the waiver,
including a description of the emergency situation that
necessitated the waiver.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
SEC. 501. NOTICE OF DEPLOYMENT OR TRANSFER OF CLUB-K
CONTAINER MISSILE SYSTEM BY THE RUSSIAN
FEDERATION.
(a) Notice to Congress.--The Director of National
Intelligence shall submit to the appropriate congressional
committees written notice if the intelligence community
receives intelligence that the Russian Federation has--
(1) deployed, or is about to deploy, the Club-K container
missile system through the Russian military; or
(2) transferred or sold, or intends to transfer or sell,
the Club-K container missile system to another state or non-
state actor.
(b) Notice to Congressional Intelligence Committees.--Not
later than 30 days after the date on which the Director
submits a notice under subsection (a), the Director shall
submit to the congressional intelligence committees a written
update regarding any intelligence community engagement with a
foreign partner on the deployment and impacts of a deployment
of the Club-K container missile system to any potentially
impacted nation.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 502. ASSESSMENT ON FUNDING OF POLITICAL PARTIES AND
NONGOVERNMENTAL ORGANIZATIONS BY THE RUSSIAN
FEDERATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees an intelligence community assessment on the
funding of political parties and nongovernmental
organizations in former Soviet states and countries in Europe
by the Russian Security Services since January 1, 2006. Such
assessment shall include the following:
(1) The country involved, the entity funded, the security
service involved, and the intended effect of the funding.
(2) An evaluation of such intended effects, including with
respect to--
(A) undermining the political cohesion of the country
involved;
(B) undermining the missile defense of the United States
and the North Atlantic Treaty Organization; and
(C) undermining energy projects that could provide an
alternative to Russian energy.
(b) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 503. ASSESSMENT ON THE USE OF POLITICAL ASSASSINATIONS
AS A FORM OF STATECRAFT BY THE RUSSIAN
FEDERATION.
(a) Requirement for Assessment.--Not later than 180 days
after the date of the enactment of this Act, the Director of
National Intelligence shall submit to the appropriate
congressional committees an intelligence community assessment
on the use of political assassinations as a form of
statecraft by the Russian Federation since January 1, 2000.
(b) Content.--The assessment required by subsection (a)
shall include--
(1) a list of Russian politicians, businessmen, dissidents,
journalists, current or former government officials, foreign
heads-of-state, foreign political leaders, foreign
journalists, members of nongovernmental organizations, and
other relevant individuals that the intelligence community
assesses were assassinated by Russian Security Services, or
agents of such services, since January 1, 2000; and
(2) for each individual described in paragraph (1), the
country in which the assassination took place, the means
used, associated individuals and organizations, and other
background information related to the assassination of the
individual.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
Subtitle B--Matters Relating to Other Countries
SEC. 511. REPORT ON RESOURCES AND COLLECTION POSTURE WITH
REGARD TO THE SOUTH CHINA SEA AND EAST CHINA
SEA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees an intelligence community assessment on the
resources used for collection efforts and the collection
posture of the intelligence community with regard to the
South China Sea and East China Sea.
(b) Elements.--The intelligence community assessment
required by subsection (a) shall provide detailed information
related to intelligence collection by the United States with
regard to the South China Sea and East China Sea, including--
(1) a review of intelligence community collection
activities and a description of these activities, including
the lead agency, key
[[Page H9629]]
partners, purpose of collection activity, annual funding and
personnel, the manner in which the collection is conducted,
and types of information collected;
(2) an explanation of how the intelligence community
prioritizes and coordinates collection activities focused on
such region; and
(3) a description of any collection and resourcing gaps and
efforts being made to address such gaps.
SEC. 512. USE OF LOCALLY EMPLOYED STAFF SERVING AT A UNITED
STATES DIPLOMATIC FACILITY IN CUBA.
(a) Supervisory Requirement.--
(1) In general.--Except as provided under paragraph (2),
the Secretary of State shall ensure that, not later than 1
year after the date of the enactment of this Act, key
supervisory positions at a United States diplomatic facility
in Cuba are occupied by citizens of the United States.
(2) Extension.--The Secretary of State may extend the
deadline under paragraph (1) for up to 1 year by providing
advance written notification and justification of such
extension to the appropriate congressional committees.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in
coordination with the heads of other appropriate Federal
agencies, shall submit to the appropriate congressional
committees a report on--
(1) the progress made toward meeting the requirement under
subsection (a)(1); and
(2) the use of locally employed staff in United States
diplomatic facilities in Cuba, including--
(A) the number of such staff;
(B) the responsibilities of such staff;
(C) the manner in which such staff are selected, including
efforts to mitigate counterintelligence threats to the United
States; and
(D) the potential cost and impact on the operational
capacity of the diplomatic facility if such staff were
reduced.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 513. INCLUSION OF SENSITIVE COMPARTMENTED INFORMATION
FACILITIES IN UNITED STATES DIPLOMATIC
FACILITIES IN CUBA.
(a) Restricted Access Space Requirement.--Each United
States diplomatic facility in Cuba in which classified
information will be processed or in which classified
communications occur that, after the date of the enactment of
this Act, is constructed or undergoes a major construction
upgrade shall be constructed to include a sensitive
compartmented information facility.
(b) National Security Waiver.--The Secretary of State may
waive the requirement under subsection (a) if the Secretary--
(1) determines that such waiver is in the national security
interest of the United States; and
(2) submits a written justification for such waiver to the
appropriate congressional committees not later than 90 days
before exercising such waiver.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 514. REPORT ON USE BY IRAN OF FUNDS MADE AVAILABLE
THROUGH SANCTIONS RELIEF.
(a) In General.--At the times specified in subsection (b),
the Director of National Intelligence, in consultation with
the Secretary of the Treasury, shall submit to the
appropriate congressional committees a report assessing the
following:
(1) The monetary value of any direct or indirect forms of
sanctions relief that Iran has received since the Joint Plan
of Action first entered into effect.
(2) How Iran has used funds made available through
sanctions relief, including the extent to which any such
funds have facilitated the ability of Iran--
(A) to provide support for--
(i) any individual or entity designated for the imposition
of sanctions for activities relating to international
terrorism pursuant to an executive order or by the Office of
Foreign Assets Control of the Department of the Treasury as
of the date of the enactment of this Act;
(ii) any organization designated by the Secretary of State
as a foreign terrorist organization under section 219(a) of
the Immigration and Nationality Act (8 U.S.C. 1189(a)) as of
the date of the enactment of this Act;
(iii) any other terrorist organization; or
(iv) the regime of Bashar al Assad in Syria;
(B) to advance the efforts of Iran or any other country to
develop nuclear weapons or ballistic missiles overtly or
covertly; or
(C) to commit any violation of the human rights of the
people of Iran.
(3) The extent to which any senior official of the
Government of Iran has diverted any funds made available
through sanctions relief to be used by the official for
personal use.
(b) Submission to Congress.--
(1) In general.--The Director shall submit the report
required by subsection (a) to the appropriate congressional
committees--
(A) not later than 180 days after the date of the enactment
of this Act and every 180 days thereafter during the period
that the Joint Plan of Action is in effect; and
(B) not later than 1 year after a subsequent agreement with
Iran relating to the nuclear program of Iran takes effect and
annually thereafter during the period that such agreement
remains in effect.
(2) Nonduplication.--The Director may submit the
information required by subsection (a) with a report required
to be submitted to Congress under another provision of law
if--
(A) the Director notifies the appropriate congressional
committees of the intention of making such submission before
submitting that report; and
(B) all matters required to be covered by subsection (a)
are included in that report.
(c) Form of Reports.--Each report required by subsection
(a) shall be submitted in unclassified form, but may include
a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Finance, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Ways and Means, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) Joint plan of action.--The term ``Joint Plan of
Action'' means the Joint Plan of Action, signed at Geneva
November 24, 2013, by Iran and by France, Germany, the
Russian Federation, the People's Republic of China, the
United Kingdom, and the United States, and all implementing
materials and agreements related to the Joint Plan of Action,
including the technical understandings reached on January 12,
2014, the extension thereto agreed to on July 18, 2014, and
the extension thereto agreed to on November 24, 2014.
TITLE VI--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA
SEC. 601. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE
OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, TO THE UNITED
STATES.
No amounts authorized to be appropriated or otherwise made
available to an element of the intelligence community may be
used during the period beginning on the date of the enactment
of this Act and ending on December 31, 2016, 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 January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
SEC. 602. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE
DETAINEES TRANSFERRED FROM UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) In General.--No amounts authorized to be appropriated
or otherwise made available to an element of the intelligence
community may be used during the period beginning on the date
of the enactment of this Act and ending on December 31, 2016,
to construct or modify any facility in the United States, its
territories, or possessions to house any individual detained
at Guantanamo for the purposes of detention or imprisonment
in the custody or under the control of the Department of
Defense unless authorized by Congress.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any modification of facilities at United States
Naval Station, Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this
section, the term ``individual detained at Guantanamo'' means
any individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, 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 control of the Department
of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
SEC. 603. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE
TO CERTAIN COUNTRIES OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
No amounts authorized to be appropriated or otherwise made
available to an element of the intelligence community may be
used during the period beginning on the date of the enactment
of this Act and ending on December 31, 2016, to transfer,
release, or assist
[[Page H9630]]
in the transfer or release of any individual detained in the
custody or under the control of the Department of Defense at
United States Naval Station, Guantanamo Bay, Cuba, to the
custody or control of any country, or any entity within such
country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
TITLE VII--REPORTS AND OTHER MATTERS
Subtitle A--Reports
SEC. 701. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Quadrennial Audit of Positions Requiring Security
Clearances.--Section 506H of the National Security Act of
1947 (50 U.S.C. 3104) is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(3) in subsection (b), as so redesignated, by striking
``The results required under subsection (a)(2) and the
reports required under subsection (b)(1)'' and inserting
``The reports required under subsection (a)(1)''.
(b) Reports on Role of Analysts at FBI.--Section 2001(g) of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3700; 28 U.S.C. 532 note) is
amended by striking paragraph (3) and redesignating paragraph
(4) as paragraph (3).
(c) Report on Outside Employment by Officers and Employees
of Intelligence Community.--
(1) In general.--Section 102A(u) of the National Security
Act of 1947 (50 U.S.C. 3024(u)) is amended--
(A) by striking ``(1) The Director'' and inserting ``The
Director''; and
(B) by striking paragraph (2).
(2) Conforming amendment.--Subsection (a) of section 507 of
such Act (50 U.S.C. 3106) is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraph (6) as paragraph (5).
(3) Technical amendment.--Subsection (c)(1) of such section
507 is amended by striking ``subsection (a)(1)'' and
inserting ``subsection (a)''.
(d) Reports on Nuclear Aspirations of Non-State Entities.--
Section 1055 of the National Defense Authorization Act for
Fiscal Year 2010 (50 U.S.C. 2371) is repealed.
(e) Reports on Espionage by People's Republic of China.--
Section 3151 of the National Defense Authorization Act for
Fiscal Year 2000 (42 U.S.C. 7383e) is repealed.
(f) Reports on Security Vulnerabilities of National
Laboratory Computers.--Section 4508 of the Atomic Energy
Defense Act (50 U.S.C. 2659) is repealed.
SEC. 702. REPORTS ON FOREIGN FIGHTERS.
(a) Reports Required.--Not later than 60 days after the
date of the enactment of this Act, and every 60 days
thereafter, the Director of National Intelligence shall
submit to the congressional intelligence committees a report
on foreign fighter flows to and from Syria and to and from
Iraq. The Director shall define the term ``foreign fighter''
in such reports.
(b) Matters To Be Included.--Each report submitted under
subsection (a) shall include each of the following:
(1) The total number of foreign fighters who have traveled
to Syria or Iraq since January 1, 2011, the total number of
foreign fighters in Syria or Iraq as of the date of the
submittal of the report, the total number of foreign fighters
whose countries of origin have a visa waiver program
described in section 217 of the Immigration and Nationality
Act (8 U.S.C. 1187), the total number of foreign fighters who
have left Syria or Iraq, the total number of female foreign
fighters, and the total number of deceased foreign fighters.
(2) The total number of United States persons who have
traveled or attempted to travel to Syria or Iraq since
January 1, 2011, the total number of such persons who have
arrived in Syria or Iraq since such date, and the total
number of such persons who have returned to the United States
from Syria or Iraq since such date.
(3) The total number of foreign fighters in the Terrorist
Identities Datamart Environment and the status of each such
foreign fighter in that database, the number of such foreign
fighters who are on a watchlist, and the number of such
foreign fighters who are not on a watchlist.
(4) The total number of foreign fighters who have been
processed with biometrics, including face images,
fingerprints, and iris scans.
(5) Any programmatic updates to the foreign fighter report
since the last report was submitted, including updated
analysis on foreign country cooperation, as well as actions
taken, such as denying or revoking visas.
(6) A worldwide graphic that describes foreign fighters
flows to and from Syria, with points of origin by country.
(c) Additional Report.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report that includes--
(1) with respect to the travel of foreign fighters to and
from Iraq and Syria, a description of the intelligence
sharing relationships between the United States and member
states of the European Union and member states of the North
Atlantic Treaty Organization; and
(2) an analysis of the challenges impeding such
intelligence sharing relationships.
(d) Form.--The reports submitted under subsections (a) and
(c) may be submitted in classified form.
(e) Termination.--The requirement to submit reports under
subsection (a) shall terminate on the date that is 3 years
after the date of the enactment of this Act.
SEC. 703. REPORT ON STRATEGY, EFFORTS, AND RESOURCES TO
DETECT, DETER, AND DEGRADE ISLAMIC STATE
REVENUE MECHANISMS.
(a) Sense of Congress.--It is the sense of Congress that
the intelligence community should dedicate necessary
resources to defeating the revenue mechanisms of the Islamic
State.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report on the strategy, efforts, and resources of the
intelligence community that are necessary to detect, deter,
and degrade the revenue mechanisms of the Islamic State.
SEC. 704. REPORT ON UNITED STATES COUNTERTERRORISM STRATEGY
TO DISRUPT, DISMANTLE, AND DEFEAT THE ISLAMIC
STATE, AL-QA'IDA, AND THEIR AFFILIATED GROUPS,
ASSOCIATED GROUPS, AND ADHERENTS.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to
the appropriate congressional committees a comprehensive
report on the counterterrorism strategy of the United States
to disrupt, dismantle, and defeat the Islamic State, al-
Qa'ida, and their affiliated groups, associated groups, and
adherents.
(2) Coordination.--The report under paragraph (1) shall be
prepared in coordination with the Director of National
Intelligence, the Secretary of State, the Secretary of the
Treasury, the Attorney General, and the Secretary of Defense,
and the head of any other department or agency of the Federal
Government that has responsibility for activities directed at
combating the Islamic State, al-Qa'ida, and their affiliated
groups, associated groups, and adherents.
(3) Elements.--The report under by paragraph (1) shall
include each of the following:
(A) A definition of--
(i) core al-Qa'ida, including a list of which known
individuals constitute core al-Qa'ida;
(ii) the Islamic State, including a list of which known
individuals constitute Islamic State leadership;
(iii) an affiliated group of the Islamic State or al-
Qa'ida, including a list of which known groups constitute an
affiliate group of the Islamic State or al-Qa'ida;
(iv) an associated group of the Islamic State or al-Qa'ida,
including a list of which known groups constitute an
associated group of the Islamic State or al-Qa'ida;
(v) an adherent of the Islamic State or al-Qa'ida,
including a list of which known groups constitute an adherent
of the Islamic State or al-Qa'ida; and
(vi) a group aligned with the Islamic State or al-Qa'ida,
including a description of what actions a group takes or
statements it makes that qualify it as a group aligned with
the Islamic State or al-Qa'ida.
(B) An assessment of the relationship between all
identified Islamic State or al-Qa'ida affiliated groups,
associated groups, and adherents with Islamic State
leadership or core al-Qa'ida.
(C) An assessment of the strengthening or weakening of the
Islamic State or al-Qa'ida, its affiliated groups, associated
groups, and adherents, from January 1, 2010, to the present,
including a description of the metrics that are used to
assess strengthening or weakening and an assessment of the
relative increase or decrease in violent attacks attributed
to such entities.
(D) An assessment of whether an individual can be a member
of core al-Qa'ida if such individual is not located in
Afghanistan or Pakistan.
(E) An assessment of whether an individual can be a member
of core al-Qa'ida as well as a member of an al-Qa'ida
affiliated group, associated group, or adherent.
(F) A definition of defeat of the Islamic State or core al-
Qa'ida.
(G) An assessment of the extent or coordination, command,
and control between the Islamic State or core al-Qa'ida and
their affiliated groups, associated groups, and adherents,
specifically addressing each such entity.
(H) An assessment of the effectiveness of counterterrorism
operations against the Islamic State or core al-Qa'ida, their
affiliated groups, associated groups, and adherents, and
whether such operations have had a sustained impact on the
capabilities and effectiveness of the Islamic State or core
al-Qa'ida, their affiliated groups, associated groups, and
adherents.
(4) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
[[Page H9631]]
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 705. REPORT ON EFFECTS OF DATA BREACH OF OFFICE OF
PERSONNEL MANAGEMENT.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the President shall transmit to the
congressional intelligence committees a report on the data
breach of the Office of Personnel Management disclosed in
June 2015.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) The effects, if any, of the data breach on the
operations of the intelligence community abroad, including
the types of operations, if any, that have been negatively
affected or entirely suspended or terminated as a result of
the data breach.
(2) An assessment of the effects of the data breach on each
element of the intelligence community.
(3) An assessment of how foreign persons, groups, or
countries may use the data collected by the data breach
(particularly regarding information included in background
investigations for security clearances), including with
respect to--
(A) recruiting intelligence assets;
(B) influencing decisionmaking processes within the Federal
Government, including regarding foreign policy decisions; and
(C) compromising employees of the Federal Government and
friends and families of such employees for the purpose of
gaining access to sensitive national security and economic
information.
(4) An assessment of which departments or agencies of the
Federal Government use the best practices to protect
sensitive data, including a summary of any such best
practices that were not used by the Office of Personnel
Management.
(5) An assessment of the best practices used by the
departments or agencies identified under paragraph (4) to
identify and fix potential vulnerabilities in the systems of
the department or agency.
(c) Briefing.--The Director of National Intelligence shall
provide to the congressional intelligence committees an
interim briefing on the report under subsection (a),
including a discussion of proposals and options for
responding to cyber attacks.
(d) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 706. REPORT ON HIRING OF GRADUATES OF CYBER CORPS
SCHOLARSHIP PROGRAM BY INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
National Science Foundation, shall submit to the
congressional intelligence committees a report on the
employment by the intelligence community of graduates of the
Cyber Corps Scholarship Program. The report shall include the
following:
(1) The number of graduates of the Cyber Corps Scholarship
Program hired by each element of the intelligence community.
(2) A description of how each element of the intelligence
community recruits graduates of the Cyber Corps Scholar
Program.
(3) A description of any processes available to the
intelligence community to expedite the hiring or processing
of security clearances for graduates of the Cyber Corps
Scholar Program.
(4) Recommendations by the Director of National
Intelligence to improve the hiring by the intelligence
community of graduates of the Cyber Corps Scholarship
Program, including any recommendations for legislative action
to carry out such improvements.
(b) Cyber Corps Scholarship Program Defined.--In this
section, the term ``Cyber Corps Scholarship Program'' means
the Federal Cyber Scholarship-for-Service Program under
section 302 of the Cybersecurity Enhancement Act of 2014 (15
U.S.C. 7442).
SEC. 707. REPORT ON USE OF CERTAIN BUSINESS CONCERNS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the representation, as of the date of
the report, of covered business concerns among the
contractors that are awarded contracts by elements of the
intelligence community for goods, equipment, tools, and
services.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) The representation of covered business concerns as
described in subsection (a), including such representation
by--
(A) each type of covered business concern; and
(B) each element of the intelligence community.
(2) If, as of the date of the enactment of this Act, the
Director does not record and monitor the statistics required
to carry out this section, a description of the actions taken
by the Director to ensure that such statistics are recorded
and monitored beginning in fiscal year 2016.
(3) The actions the Director plans to take during fiscal
year 2016 to enhance the awarding of contracts to covered
business concerns by elements of the intelligence community.
(c) Covered Business Concerns Defined.--In this section,
the term ``covered business concerns'' means the following:
(1) Minority-owned businesses.
(2) Women-owned businesses.
(3) Small disadvantaged businesses.
(4) Service-disabled veteran-owned businesses.
(5) Veteran-owned small businesses.
Subtitle B--Other Matters
SEC. 711. USE OF HOMELAND SECURITY GRANT FUNDS IN CONJUNCTION
WITH DEPARTMENT OF ENERGY NATIONAL
LABORATORIES.
Section 2008(a) of the Homeland Security Act of 2002 (6
U.S.C. 609(a)) is amended in the matter preceding paragraph
(1) by inserting ``including by working in conjunction with a
National Laboratory (as defined in section 2(3) of the Energy
Policy Act of 2005 (42 U.S.C. 15801(3))),'' after ``plans,''.
SEC. 712. INCLUSION OF CERTAIN MINORITY-SERVING INSTITUTIONS
IN GRANT PROGRAM TO ENHANCE RECRUITING OF
INTELLIGENCE COMMUNITY WORKFORCE.
Section 1024 of the National Security Act of 1947 (50
U.S.C. 3224) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``historically black
colleges and universities and Predominantly Black
Institutions'' and inserting ``historically black colleges
and universities, Predominantly Black Institutions, Hispanic-
serving institutions, and Asian American and Native American
Pacific Islander-serving institutions''; and
(B) in the subsection heading, by striking ``Historically
Black'' and inserting ``Certain Minority-Serving''; and
(2) in subsection (g)--
(A) by redesignating paragraph (5) as paragraph (7); and
(B) by inserting after paragraph (4) the following new
paragraphs (5) and (6):
``(5) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given that term in
section 502(a)(5) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a)(5)).
``(6) Asian american and native american pacific islander-
serving institution.--The term `Asian American and Native
American Pacific Islander-serving institution' has the
meaning given that term in section 320(b)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1059g(b)(2)).''.
DIVISION N--CYBERSECURITY ACT OF 2015
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Cybersecurity Act of 2015''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents.
TITLE I--CYBERSECURITY INFORMATION SHARING
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Sharing of information by the Federal Government.
Sec. 104. Authorizations for preventing, detecting, analyzing, and
mitigating cybersecurity threats.
Sec. 105. Sharing of cyber threat indicators and defensive measures
with the Federal Government.
Sec. 106. Protection from liability.
Sec. 107. Oversight of Government activities.
Sec. 108. Construction and preemption.
Sec. 109. Report on cybersecurity threats.
Sec. 110. Exception to limitation on authority of Secretary of Defense
to disseminate certain information.
Sec. 111. Effective period.
TITLE II--NATIONAL CYBERSECURITY ADVANCEMENT
Subtitle A--National Cybersecurity and Communications Integration
Center
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Information sharing structure and processes.
Sec. 204. Information sharing and analysis organizations.
Sec. 205. National response framework.
Sec. 206. Report on reducing cybersecurity risks in DHS data centers.
Sec. 207. Assessment.
Sec. 208. Multiple simultaneous cyber incidents at critical
infrastructure.
Sec. 209. Report on cybersecurity vulnerabilities of United States
ports.
Sec. 210. Prohibition on new regulatory authority.
Sec. 211. Termination of reporting requirements.
Subtitle B--Federal Cybersecurity Enhancement
Sec. 221. Short title.
Sec. 222. Definitions.
Sec. 223. Improved Federal network security.
Sec. 224. Advanced internal defenses.
Sec. 225. Federal cybersecurity requirements.
Sec. 226. Assessment; reports.
Sec. 227. Termination.
Sec. 228. Identification of information systems relating to national
security.
Sec. 229. Direction to agencies.
TITLE III--FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. National cybersecurity workforce measurement initiative.
Sec. 304. Identification of cyber-related work roles of critical need.
Sec. 305. Government Accountability Office status reports.
[[Page H9632]]
TITLE IV--OTHER CYBER MATTERS
Sec. 401. Study on mobile device security.
Sec. 402. Department of State international cyberspace policy strategy.
Sec. 403. Apprehension and prosecution of international cyber
criminals.
Sec. 404. Enhancement of emergency services.
Sec. 405. Improving cybersecurity in the health care industry.
Sec. 406. Federal computer security.
Sec. 407. Stopping the fraudulent sale of financial information of
people of the United States.
TITLE I--CYBERSECURITY INFORMATION SHARING
SEC. 101. SHORT TITLE.
This title may be cited as the ``Cybersecurity Information
Sharing Act of 2015''.
SEC. 102. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given the term in the first section of
the Clayton Act (15 U.S.C. 12);
(B) includes section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) to the extent that section 5 of that Act
applies to unfair methods of competition; and
(C) includes any State antitrust law, but only to the
extent that such law is consistent with the law referred to
in subparagraph (A) or the law referred to in subparagraph
(B).
(3) Appropriate federal entities.--The term ``appropriate
Federal entities'' means the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Department of Energy.
(D) The Department of Homeland Security.
(E) The Department of Justice.
(F) The Department of the Treasury.
(G) The Office of the Director of National Intelligence.
(4) Cybersecurity purpose.--The term ``cybersecurity
purpose'' means the purpose of protecting an information
system or information that is stored on, processed by, or
transiting an information system from a cybersecurity threat
or security vulnerability.
(5) Cybersecurity threat.--
(A) In general.--Except as provided in subparagraph (B),
the term ``cybersecurity threat'' means an action, not
protected by the First Amendment to the Constitution of the
United States, on or through an information system that may
result in an unauthorized effort to adversely impact the
security, availability, confidentiality, or integrity of an
information system or information that is stored on,
processed by, or transiting an information system.
(B) Exclusion.--The term ``cybersecurity threat'' does not
include any action that solely involves a violation of a
consumer term of service or a consumer licensing agreement.
(6) Cyber threat indicator.--The term ``cyber threat
indicator'' means information that is necessary to describe
or identify--
(A) malicious reconnaissance, including anomalous patterns
of communications that appear to be transmitted for the
purpose of gathering technical information related to a
cybersecurity threat or security vulnerability;
(B) a method of defeating a security control or
exploitation of a security vulnerability;
(C) a security vulnerability, including anomalous activity
that appears to indicate the existence of a security
vulnerability;
(D) a method of causing a user with legitimate access to an
information system or information that is stored on,
processed by, or transiting an information system to
unwittingly enable the defeat of a security control or
exploitation of a security vulnerability;
(E) malicious cyber command and control;
(F) the actual or potential harm caused by an incident,
including a description of the information exfiltrated as a
result of a particular cybersecurity threat;
(G) any other attribute of a cybersecurity threat, if
disclosure of such attribute is not otherwise prohibited by
law; or
(H) any combination thereof.
(7) Defensive measure.--
(A) In general.--Except as provided in subparagraph (B),
the term ``defensive measure'' means an action, device,
procedure, signature, technique, or other measure applied to
an information system or information that is stored on,
processed by, or transiting an information system that
detects, prevents, or mitigates a known or suspected
cybersecurity threat or security vulnerability.
(B) Exclusion.--The term ``defensive measure'' does not
include a measure that destroys, renders unusable, provides
unauthorized access to, or substantially harms an information
system or information stored on, processed by, or transiting
such information system not owned by--
(i) the private entity operating the measure; or
(ii) another entity or Federal entity that is authorized to
provide consent and has provided consent to that private
entity for operation of such measure.
(8) Federal entity.--The term ``Federal entity'' means a
department or agency of the United States or any component of
such department or agency.
(9) Information system.--The term ``information system''--
(A) has the meaning given the term in section 3502 of title
44, United States Code; and
(B) includes industrial control systems, such as
supervisory control and data acquisition systems, distributed
control systems, and programmable logic controllers.
(10) Local government.--The term ``local government'' means
any borough, city, county, parish, town, township, village,
or other political subdivision of a State.
(11) Malicious cyber command and control.--The term
``malicious cyber command and control'' means a method for
unauthorized remote identification of, access to, or use of,
an information system or information that is stored on,
processed by, or transiting an information system.
(12) Malicious reconnaissance.--The term ``malicious
reconnaissance'' means a method for actively probing or
passively monitoring an information system for the purpose of
discerning security vulnerabilities of the information
system, if such method is associated with a known or
suspected cybersecurity threat.
(13) Monitor.--The term ``monitor'' means to acquire,
identify, or scan, or to possess, information that is stored
on, processed by, or transiting an information system.
(14) Non-federal entity.--
(A) In general.--Except as otherwise provided in this
paragraph, the term ``non-Federal entity'' means any private
entity, non-Federal government agency or department, or
State, tribal, or local government (including a political
subdivision, department, or component thereof).
(B) Inclusions.--The term ``non-Federal entity'' includes a
government agency or department of the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
and any other territory or possession of the United States.
(C) Exclusion.--The term ``non-Federal entity'' does not
include a foreign power as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
(15) Private entity.--
(A) In general.--Except as otherwise provided in this
paragraph, the term ``private entity'' means any person or
private group, organization, proprietorship, partnership,
trust, cooperative, corporation, or other commercial or
nonprofit entity, including an officer, employee, or agent
thereof.
(B) Inclusion.--The term ``private entity'' includes a
State, tribal, or local government performing utility
services, such as electric, natural gas, or water services.
(C) Exclusion.--The term ``private entity'' does not
include a foreign power as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
(16) Security control.--The term ``security control'' means
the management, operational, and technical controls used to
protect against an unauthorized effort to adversely affect
the confidentiality, integrity, and availability of an
information system or its information.
(17) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
(18) Tribal.--The term ``tribal'' has the meaning given the
term ``Indian tribe'' in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 103. SHARING OF INFORMATION BY THE FEDERAL GOVERNMENT.
(a) In General.--Consistent with the protection of
classified information, intelligence sources and methods, and
privacy and civil liberties, the Director of National
Intelligence, the Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General, in
consultation with the heads of the appropriate Federal
entities, shall jointly develop and issue procedures to
facilitate and promote--
(1) the timely sharing of classified cyber threat
indicators and defensive measures in the possession of the
Federal Government with representatives of relevant Federal
entities and non-Federal entities that have appropriate
security clearances;
(2) the timely sharing with relevant Federal entities and
non-Federal entities of cyber threat indicators, defensive
measures, and information relating to cybersecurity threats
or authorized uses under this title, in the possession of the
Federal Government that may be declassified and shared at an
unclassified level;
(3) the timely sharing with relevant Federal entities and
non-Federal entities, or the public if appropriate, of
unclassified, including controlled unclassified, cyber threat
indicators and defensive measures in the possession of the
Federal Government;
(4) the timely sharing with Federal entities and non-
Federal entities, if appropriate, of information relating to
cybersecurity threats or authorized uses under this title, in
the possession of the Federal Government about cybersecurity
threats to such entities to prevent or mitigate adverse
effects from such cybersecurity threats; and
(5) the periodic sharing, through publication and targeted
outreach, of cybersecurity best practices that are developed
based on ongoing analyses of cyber threat indicators,
defensive measures, and information relating to cybersecurity
threats or authorized uses under this title, in the
possession of the Federal Government, with attention to
accessibility and implementation challenges faced
[[Page H9633]]
by small business concerns (as defined in section 3 of the
Small Business Act (15 U.S.C. 632)).
(b) Development of Procedures.--
(1) In general.--The procedures developed under subsection
(a) shall--
(A) ensure the Federal Government has and maintains the
capability to share cyber threat indicators and defensive
measures in real time consistent with the protection of
classified information;
(B) incorporate, to the greatest extent practicable,
existing processes and existing roles and responsibilities of
Federal entities and non-Federal entities for information
sharing by the Federal Government, including sector specific
information sharing and analysis centers;
(C) include procedures for notifying, in a timely manner,
Federal entities and non-Federal entities that have received
a cyber threat indicator or defensive measure from a Federal
entity under this title that is known or determined to be in
error or in contravention of the requirements of this title
or another provision of Federal law or policy of such error
or contravention;
(D) include requirements for Federal entities sharing cyber
threat indicators or defensive measures to implement and
utilize security controls to protect against unauthorized
access to or acquisition of such cyber threat indicators or
defensive measures;
(E) include procedures that require a Federal entity, prior
to the sharing of a cyber threat indicator--
(i) to review such cyber threat indicator to assess whether
such cyber threat indicator contains any information not
directly related to a cybersecurity threat that such Federal
entity knows at the time of sharing to be personal
information of a specific individual or information that
identifies a specific individual and remove such information;
or
(ii) to implement and utilize a technical capability
configured to remove any information not directly related to
a cybersecurity threat that the Federal entity knows at the
time of sharing to be personal information of a specific
individual or information that identifies a specific
individual; and
(F) include procedures for notifying, in a timely manner,
any United States person whose personal information is known
or determined to have been shared by a Federal entity in
violation of this title.
(2) Consultation.--In developing the procedures required
under this section, the Director of National Intelligence,
the Secretary of Homeland Security, the Secretary of Defense,
and the Attorney General shall consult with appropriate
Federal entities, including the Small Business Administration
and the National Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801)), to ensure that
effective protocols are implemented that will facilitate and
promote the sharing of cyber threat indicators by the Federal
Government in a timely manner.
(c) Submittal to Congress.--Not later than 60 days after
the date of the enactment of this Act, the Director of
National Intelligence, in consultation with the heads of the
appropriate Federal entities, shall submit to Congress the
procedures required by subsection (a).
SEC. 104. AUTHORIZATIONS FOR PREVENTING, DETECTING,
ANALYZING, AND MITIGATING CYBERSECURITY
THREATS.
(a) Authorization for Monitoring.--
(1) In general.--Notwithstanding any other provision of
law, a private entity may, for cybersecurity purposes,
monitor--
(A) an information system of such private entity;
(B) an information system of another non-Federal entity,
upon the authorization and written consent of such other
entity;
(C) an information system of a Federal entity, upon the
authorization and written consent of an authorized
representative of the Federal entity; and
(D) information that is stored on, processed by, or
transiting an information system monitored by the private
entity under this paragraph.
(2) Construction.--Nothing in this subsection shall be
construed--
(A) to authorize the monitoring of an information system,
or the use of any information obtained through such
monitoring, other than as provided in this title; or
(B) to limit otherwise lawful activity.
(b) Authorization for Operation of Defensive Measures.--
(1) In general.--Notwithstanding any other provision of
law, a private entity may, for cybersecurity purposes,
operate a defensive measure that is applied to--
(A) an information system of such private entity in order
to protect the rights or property of the private entity;
(B) an information system of another non-Federal entity
upon written consent of such entity for operation of such
defensive measure to protect the rights or property of such
entity; and
(C) an information system of a Federal entity upon written
consent of an authorized representative of such Federal
entity for operation of such defensive measure to protect the
rights or property of the Federal Government.
(2) Construction.--Nothing in this subsection shall be
construed--
(A) to authorize the use of a defensive measure other than
as provided in this subsection; or
(B) to limit otherwise lawful activity.
(c) Authorization for Sharing or Receiving Cyber Threat
Indicators or Defensive Measures.--
(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, a non-Federal
entity may, for a cybersecurity purpose and consistent with
the protection of classified information, share with, or
receive from, any other non-Federal entity or the Federal
Government a cyber threat indicator or defensive measure.
(2) Lawful restriction.--A non-Federal entity receiving a
cyber threat indicator or defensive measure from another non-
Federal entity or a Federal entity shall comply with
otherwise lawful restrictions placed on the sharing or use of
such cyber threat indicator or defensive measure by the
sharing non-Federal entity or Federal entity.
(3) Construction.--Nothing in this subsection shall be
construed--
(A) to authorize the sharing or receiving of a cyber threat
indicator or defensive measure other than as provided in this
subsection; or
(B) to limit otherwise lawful activity.
(d) Protection and Use of Information.--
(1) Security of information.--A non-Federal entity
monitoring an information system, operating a defensive
measure, or providing or receiving a cyber threat indicator
or defensive measure under this section shall implement and
utilize a security control to protect against unauthorized
access to or acquisition of such cyber threat indicator or
defensive measure.
(2) Removal of certain personal information.--A non-Federal
entity sharing a cyber threat indicator pursuant to this
title shall, prior to such sharing--
(A) review such cyber threat indicator to assess whether
such cyber threat indicator contains any information not
directly related to a cybersecurity threat that the non-
Federal entity knows at the time of sharing to be personal
information of a specific individual or information that
identifies a specific individual and remove such information;
or
(B) implement and utilize a technical capability configured
to remove any information not directly related to a
cybersecurity threat that the non-Federal entity knows at the
time of sharing to be personal information of a specific
individual or information that identifies a specific
individual.
(3) Use of cyber threat indicators and defensive measures
by non-federal entities.--
(A) In general.--Consistent with this title, a cyber threat
indicator or defensive measure shared or received under this
section may, for cybersecurity purposes--
(i) be used by a non-Federal entity to monitor or operate a
defensive measure that is applied to--
(I) an information system of the non-Federal entity; or
(II) an information system of another non-Federal entity or
a Federal entity upon the written consent of that other non-
Federal entity or that Federal entity; and
(ii) be otherwise used, retained, and further shared by a
non-Federal entity subject to--
(I) an otherwise lawful restriction placed by the sharing
non-Federal entity or Federal entity on such cyber threat
indicator or defensive measure; or
(II) an otherwise applicable provision of law.
(B) Construction.--Nothing in this paragraph shall be
construed to authorize the use of a cyber threat indicator or
defensive measure other than as provided in this section.
(4) Use of cyber threat indicators by state, tribal, or
local government.--
(A) Law enforcement use.--A State, tribal, or local
government that receives a cyber threat indicator or
defensive measure under this title may use such cyber threat
indicator or defensive measure for the purposes described in
section 105(d)(5)(A).
(B) Exemption from disclosure.--A cyber threat indicator or
defensive measure shared by or with a State, tribal, or local
government, including a component of a State, tribal, or
local government that is a private entity, under this section
shall be--
(i) deemed voluntarily shared information; and
(ii) exempt from disclosure under any provision of State,
tribal, or local freedom of information law, open government
law, open meetings law, open records law, sunshine law, or
similar law requiring disclosure of information or records.
(C) State, tribal, and local regulatory authority.--
(i) In general.--Except as provided in clause (ii), a cyber
threat indicator or defensive measure shared with a State,
tribal, or local government under this title shall not be
used by any State, tribal, or local government to regulate,
including an enforcement action, the lawful activity of any
non-Federal entity or any activity taken by a non-Federal
entity pursuant to mandatory standards, including an activity
relating to monitoring, operating a defensive measure, or
sharing of a cyber threat indicator.
(ii) Regulatory authority specifically relating to
prevention or mitigation of cybersecurity threats.--A cyber
threat indicator or defensive measure shared as described in
clause (i) may, consistent with a State, tribal, or local
government regulatory authority specifically relating to the
prevention or mitigation of cybersecurity threats to
information systems, inform the development or implementation
of a regulation relating to such information systems.
[[Page H9634]]
(e) Antitrust Exemption.--
(1) In general.--Except as provided in section 108(e), it
shall not be considered a violation of any provision of
antitrust laws for 2 or more private entities to exchange or
provide a cyber threat indicator or defensive measure, or
assistance relating to the prevention, investigation, or
mitigation of a cybersecurity threat, for cybersecurity
purposes under this title.
(2) Applicability.--Paragraph (1) shall apply only to
information that is exchanged or assistance provided in order
to assist with--
(A) facilitating the prevention, investigation, or
mitigation of a cybersecurity threat to an information system
or information that is stored on, processed by, or transiting
an information system; or
(B) communicating or disclosing a cyber threat indicator to
help prevent, investigate, or mitigate the effect of a
cybersecurity threat to an information system or information
that is stored on, processed by, or transiting an information
system.
(f) No Right or Benefit.--The sharing of a cyber threat
indicator or defensive measure with a non-Federal entity
under this title shall not create a right or benefit to
similar information by such non-Federal entity or any other
non-Federal entity.
SEC. 105. SHARING OF CYBER THREAT INDICATORS AND DEFENSIVE
MEASURES WITH THE FEDERAL GOVERNMENT.
(a) Requirement for Policies and Procedures.--
(1) Interim policies and procedures.--Not later than 60
days after the date of the enactment of this Act, the
Attorney General and the Secretary of Homeland Security
shall, in consultation with the heads of the appropriate
Federal entities, jointly develop and submit to Congress
interim policies and procedures relating to the receipt of
cyber threat indicators and defensive measures by the Federal
Government.
(2) Final policies and procedures.--Not later than 180 days
after the date of the enactment of this Act, the Attorney
General and the Secretary of Homeland Security shall, in
consultation with the heads of the appropriate Federal
entities, jointly issue and make publicly available final
policies and procedures relating to the receipt of cyber
threat indicators and defensive measures by the Federal
Government.
(3) Requirements concerning policies and procedures.--
Consistent with the guidelines required by subsection (b),
the policies and procedures developed or issued under this
subsection shall--
(A) ensure that cyber threat indicators shared with the
Federal Government by any non-Federal entity pursuant to
section 104(c) through the real-time process described in
subsection (c) of this section--
(i) are shared in an automated manner with all of the
appropriate Federal entities;
(ii) are only subject to a delay, modification, or other
action due to controls established for such real-time process
that could impede real-time receipt by all of the appropriate
Federal entities when the delay, modification, or other
action is due to controls--
(I) agreed upon unanimously by all of the heads of the
appropriate Federal entities;
(II) carried out before any of the appropriate Federal
entities retains or uses the cyber threat indicators or
defensive measures; and
(III) uniformly applied such that each of the appropriate
Federal entities is subject to the same delay, modification,
or other action; and
(iii) may be provided to other Federal entities;
(B) ensure that cyber threat indicators shared with the
Federal Government by any non-Federal entity pursuant to
section 104 in a manner other than the real-time process
described in subsection (c) of this section--
(i) are shared as quickly as operationally practicable with
all of the appropriate Federal entities;
(ii) are not subject to any unnecessary delay,
interference, or any other action that could impede receipt
by all of the appropriate Federal entities; and
(iii) may be provided to other Federal entities; and
(C) ensure there are--
(i) audit capabilities; and
(ii) appropriate sanctions in place for officers,
employees, or agents of a Federal entity who knowingly and
willfully conduct activities under this title in an
unauthorized manner.
(4) Guidelines for entities sharing cyber threat indicators
with federal government.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act, the Attorney General and the
Secretary of Homeland Security shall jointly develop and make
publicly available guidance to assist entities and promote
sharing of cyber threat indicators with Federal entities
under this title.
(B) Contents.--The guidelines developed and made publicly
available under subparagraph (A) shall include guidance on
the following:
(i) Identification of types of information that would
qualify as a cyber threat indicator under this title that
would be unlikely to include information that--
(I) is not directly related to a cybersecurity threat; and
(II) is personal information of a specific individual or
information that identifies a specific individual.
(ii) Identification of types of information protected under
otherwise applicable privacy laws that are unlikely to be
directly related to a cybersecurity threat.
(iii) Such other matters as the Attorney General and the
Secretary of Homeland Security consider appropriate for
entities sharing cyber threat indicators with Federal
entities under this title.
(b) Privacy and Civil Liberties.--
(1) Interim guidelines.--Not later than 60 days after the
date of the enactment of this Act, the Attorney General and
the Secretary of Homeland Security shall, in consultation
with heads of the appropriate Federal entities and in
consultation with officers designated under section 1062 of
the National Security Intelligence Reform Act of 2004 (42
U.S.C. 2000ee-1), jointly develop, submit to Congress, and
make available to the public interim guidelines relating to
privacy and civil liberties which shall govern the receipt,
retention, use, and dissemination of cyber threat indicators
by a Federal entity obtained in connection with activities
authorized in this title.
(2) Final guidelines.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General and the
Secretary of Homeland Security shall, in coordination with
heads of the appropriate Federal entities and in consultation
with officers designated under section 1062 of the National
Security Intelligence Reform Act of 2004 (42 U.S.C. 2000ee-1)
and such private entities with industry expertise as the
Attorney General and the Secretary consider relevant, jointly
issue and make publicly available final guidelines relating
to privacy and civil liberties which shall govern the
receipt, retention, use, and dissemination of cyber threat
indicators by a Federal entity obtained in connection with
activities authorized in this title.
(B) Periodic review.--The Attorney General and the
Secretary of Homeland Security shall, in coordination with
heads of the appropriate Federal entities and in consultation
with officers and private entities described in subparagraph
(A), periodically, but not less frequently than once every 2
years, jointly review the guidelines issued under
subparagraph (A).
(3) Content.--The guidelines required by paragraphs (1) and
(2) shall, consistent with the need to protect information
systems from cybersecurity threats and mitigate cybersecurity
threats--
(A) limit the effect on privacy and civil liberties of
activities by the Federal Government under this title;
(B) limit the receipt, retention, use, and dissemination of
cyber threat indicators containing personal information of
specific individuals or information that identifies specific
individuals, including by establishing--
(i) a process for the timely destruction of such
information that is known not to be directly related to uses
authorized under this title; and
(ii) specific limitations on the length of any period in
which a cyber threat indicator may be retained;
(C) include requirements to safeguard cyber threat
indicators containing personal information of specific
individuals or information that identifies specific
individuals from unauthorized access or acquisition,
including appropriate sanctions for activities by officers,
employees, or agents of the Federal Government in
contravention of such guidelines;
(D) consistent with this title, any other applicable
provisions of law, and the fair information practice
principles set forth in appendix A of the document entitled
``National Strategy for Trusted Identities in Cyberspace''
and published by the President in April 2011, govern the
retention, use, and dissemination by the Federal Government
of cyber threat indicators shared with the Federal Government
under this title, including the extent, if any, to which such
cyber threat indicators may be used by the Federal
Government;
(E) include procedures for notifying entities and Federal
entities if information received pursuant to this section is
known or determined by a Federal entity receiving such
information not to constitute a cyber threat indicator;
(F) protect the confidentiality of cyber threat indicators
containing personal information of specific individuals or
information that identifies specific individuals to the
greatest extent practicable and require recipients to be
informed that such indicators may only be used for purposes
authorized under this title; and
(G) include steps that may be needed so that dissemination
of cyber threat indicators is consistent with the protection
of classified and other sensitive national security
information.
(c) Capability and Process Within the Department of
Homeland Security.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in coordination with the heads of the appropriate
Federal entities, shall develop and implement a capability
and process within the Department of Homeland Security that--
(A) shall accept from any non-Federal entity in real time
cyber threat indicators and defensive measures, pursuant to
this section;
(B) shall, upon submittal of the certification under
paragraph (2) that such capability and process fully and
effectively operates as described in such paragraph, be the
process by which the Federal Government receives cyber threat
indicators and defensive
[[Page H9635]]
measures under this title that are shared by a non-Federal
entity with the Federal Government through electronic mail or
media, an interactive form on an Internet website, or a real
time, automated process between information systems except--
(i) consistent with section 104, communications between a
Federal entity and a non-Federal entity regarding a
previously shared cyber threat indicator to describe the
relevant cybersecurity threat or develop a defensive measure
based on such cyber threat indicator; and
(ii) communications by a regulated non-Federal entity with
such entity's Federal regulatory authority regarding a
cybersecurity threat;
(C) ensures that all of the appropriate Federal entities
receive in an automated manner such cyber threat indicators
and defensive measures shared through the real-time process
within the Department of Homeland Security;
(D) is in compliance with the policies, procedures, and
guidelines required by this section; and
(E) does not limit or prohibit otherwise lawful disclosures
of communications, records, or other information, including--
(i) reporting of known or suspected criminal activity, by a
non-Federal entity to any other non-Federal entity or a
Federal entity, including cyber threat indicators or
defensive measures shared with a Federal entity in
furtherance of opening a Federal law enforcement
investigation;
(ii) voluntary or legally compelled participation in a
Federal investigation; and
(iii) providing cyber threat indicators or defensive
measures as part of a statutory or authorized contractual
requirement.
(2) Certification and designation.--
(A) Certification of capability and process.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall, in consultation with
the heads of the appropriate Federal entities, submit to
Congress a certification as to whether the capability and
process required by paragraph (1) fully and effectively
operates--
(i) as the process by which the Federal Government receives
from any non-Federal entity a cyber threat indicator or
defensive measure under this title; and
(ii) in accordance with the interim policies, procedures,
and guidelines developed under this title.
(B) Designation.--
(i) In general.--At any time after certification is
submitted under subparagraph (A), the President may designate
an appropriate Federal entity, other than the Department of
Defense (including the National Security Agency), to develop
and implement a capability and process as described in
paragraph (1) in addition to the capability and process
developed under such paragraph by the Secretary of Homeland
Security, if, not fewer than 30 days before making such
designation, the President submits to Congress a
certification and explanation that--
(I) such designation is necessary to ensure that full,
effective, and secure operation of a capability and process
for the Federal Government to receive from any non-Federal
entity cyber threat indicators or defensive measures under
this title;
(II) the designated appropriate Federal entity will receive
and share cyber threat indicators and defensive measures in
accordance with the policies, procedures, and guidelines
developed under this title, including subsection (a)(3)(A);
and
(III) such designation is consistent with the mission of
such appropriate Federal entity and improves the ability of
the Federal Government to receive, share, and use cyber
threat indicators and defensive measures as authorized under
this title.
(ii) Application to additional capability and process.--If
the President designates an appropriate Federal entity to
develop and implement a capability and process under clause
(i), the provisions of this title that apply to the
capability and process required by paragraph (1) shall also
be construed to apply to the capability and process developed
and implemented under clause (i).
(3) Public notice and access.--The Secretary of Homeland
Security shall ensure there is public notice of, and access
to, the capability and process developed and implemented
under paragraph (1) so that--
(A) any non-Federal entity may share cyber threat
indicators and defensive measures through such process with
the Federal Government; and
(B) all of the appropriate Federal entities receive such
cyber threat indicators and defensive measures in real time
with receipt through the process within the Department of
Homeland Security consistent with the policies and procedures
issued under subsection (a).
(4) Other federal entities.--The process developed and
implemented under paragraph (1) shall ensure that other
Federal entities receive in a timely manner any cyber threat
indicators and defensive measures shared with the Federal
Government through such process.
(d) Information Shared With or Provided to the Federal
Government.--
(1) No waiver of privilege or protection.--The provision of
cyber threat indicators and defensive measures to the Federal
Government under this title shall not constitute a waiver of
any applicable privilege or protection provided by law,
including trade secret protection.
(2) Proprietary information.--Consistent with section
104(c)(2) and any other applicable provision of law, a cyber
threat indicator or defensive measure provided by a non-
Federal entity to the Federal Government under this title
shall be considered the commercial, financial, and
proprietary information of such non-Federal entity when so
designated by the originating non-Federal entity or a third
party acting in accordance with the written authorization of
the originating non-Federal entity.
(3) Exemption from disclosure.--A cyber threat indicator or
defensive measure shared with the Federal Government under
this title shall be--
(A) deemed voluntarily shared information and exempt from
disclosure under section 552 of title 5, United States Code,
and any State, tribal, or local provision of law requiring
disclosure of information or records; and
(B) withheld, without discretion, from the public under
section 552(b)(3)(B) of title 5, United States Code, and any
State, tribal, or local provision of law requiring disclosure
of information or records.
(4) Ex parte communications.--The provision of a cyber
threat indicator or defensive measure to the Federal
Government under this title shall not be subject to a rule of
any Federal agency or department or any judicial doctrine
regarding ex parte communications with a decision-making
official.
(5) Disclosure, retention, and use.--
(A) Authorized activities.--Cyber threat indicators and
defensive measures provided to the Federal Government under
this title may be disclosed to, retained by, and used by,
consistent with otherwise applicable provisions of Federal
law, any Federal agency or department, component, officer,
employee, or agent of the Federal Government solely for--
(i) a cybersecurity purpose;
(ii) the purpose of identifying--
(I) a cybersecurity threat, including the source of such
cybersecurity threat; or
(II) a security vulnerability;
(iii) the purpose of responding to, or otherwise preventing
or mitigating, a specific threat of death, a specific threat
of serious bodily harm, or a specific threat of serious
economic harm, including a terrorist act or a use of a weapon
of mass destruction;
(iv) the purpose of responding to, investigating,
prosecuting, or otherwise preventing or mitigating, a serious
threat to a minor, including sexual exploitation and threats
to physical safety; or
(v) the purpose of preventing, investigating, disrupting,
or prosecuting an offense arising out of a threat described
in clause (iii) or any of the offenses listed in--
(I) sections 1028 through 1030 of title 18, United States
Code (relating to fraud and identity theft);
(II) chapter 37 of such title (relating to espionage and
censorship); and
(III) chapter 90 of such title (relating to protection of
trade secrets).
(B) Prohibited activities.--Cyber threat indicators and
defensive measures provided to the Federal Government under
this title shall not be disclosed to, retained by, or used by
any Federal agency or department for any use not permitted
under subparagraph (A).
(C) Privacy and civil liberties.--Cyber threat indicators
and defensive measures provided to the Federal Government
under this title shall be retained, used, and disseminated by
the Federal Government--
(i) in accordance with the policies, procedures, and
guidelines required by subsections (a) and (b);
(ii) in a manner that protects from unauthorized use or
disclosure any cyber threat indicators that may contain--
(I) personal information of a specific individual; or
(II) information that identifies a specific individual; and
(iii) in a manner that protects the confidentiality of
cyber threat indicators containing--
(I) personal information of a specific individual; or
(II) information that identifies a specific individual.
(D) Federal regulatory authority.--
(i) In general.--Except as provided in clause (ii), cyber
threat indicators and defensive measures provided to the
Federal Government under this title shall not be used by any
Federal, State, tribal, or local government to regulate,
including an enforcement action, the lawful activities of any
non-Federal entity or any activities taken by a non-Federal
entity pursuant to mandatory standards, including activities
relating to monitoring, operating defensive measures, or
sharing cyber threat indicators.
(ii) Exceptions.--
(I) Regulatory authority specifically relating to
prevention or mitigation of cybersecurity threats.--Cyber
threat indicators and defensive measures provided to the
Federal Government under this title may, consistent with
Federal or State regulatory authority specifically relating
to the prevention or mitigation of cybersecurity threats to
information systems, inform the development or implementation
of regulations relating to such information systems.
(II) Procedures developed and implemented under this
title.--Clause (i) shall not apply to procedures developed
and implemented under this title.
SEC. 106. PROTECTION FROM LIABILITY.
(a) Monitoring of Information Systems.--No cause of action
shall lie or be maintained in any court against any private
entity, and such action shall be promptly dismissed, for
[[Page H9636]]
the monitoring of an information system and information under
section 104(a) that is conducted in accordance with this
title.
(b) Sharing or Receipt of Cyber Threat Indicators.--No
cause of action shall lie or be maintained in any court
against any private entity, and such action shall be promptly
dismissed, for the sharing or receipt of a cyber threat
indicator or defensive measure under section 104(c) if--
(1) such sharing or receipt is conducted in accordance with
this title; and
(2) in a case in which a cyber threat indicator or
defensive measure is shared with the Federal Government, the
cyber threat indicator or defensive measure is shared in a
manner that is consistent with section 105(c)(1)(B) and the
sharing or receipt, as the case may be, occurs after the
earlier of--
(A) the date on which the interim policies and procedures
are submitted to Congress under section 105(a)(1) and
guidelines are submitted to Congress under section 105(b)(1);
or
(B) the date that is 60 days after the date of the
enactment of this Act.
(c) Construction.--Nothing in this title shall be
construed--
(1) to create--
(A) a duty to share a cyber threat indicator or defensive
measure; or
(B) a duty to warn or act based on the receipt of a cyber
threat indicator or defensive measure; or
(2) to undermine or limit the availability of otherwise
applicable common law or statutory defenses.
SEC. 107. OVERSIGHT OF GOVERNMENT ACTIVITIES.
(a) Report on Implementation.--
(1) In general.--Not later than 1 year after the date of
the enactment of this title, the heads of the appropriate
Federal entities shall jointly submit to Congress a detailed
report concerning the implementation of this title.
(2) Contents.--The report required by paragraph (1) may
include such recommendations as the heads of the appropriate
Federal entities may have for improvements or modifications
to the authorities, policies, procedures, and guidelines
under this title and shall include the following:
(A) An evaluation of the effectiveness of real-time
information sharing through the capability and process
developed under section 105(c), including any impediments to
such real-time sharing.
(B) An assessment of whether cyber threat indicators or
defensive measures have been properly classified and an
accounting of the number of security clearances authorized by
the Federal Government for the purpose of sharing cyber
threat indicators or defensive measures with the private
sector.
(C) The number of cyber threat indicators or defensive
measures received through the capability and process
developed under section 105(c).
(D) A list of Federal entities that have received cyber
threat indicators or defensive measures under this title.
(b) Biennial Report on Compliance.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act and not less frequently than once
every 2 years thereafter, the inspectors general of the
appropriate Federal entities, in consultation with the
Inspector General of the Intelligence Community and the
Council of Inspectors General on Financial Oversight, shall
jointly submit to Congress an interagency report on the
actions of the executive branch of the Federal Government to
carry out this title during the most recent 2-year period.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the period covered by the report, the
following:
(A) An assessment of the sufficiency of the policies,
procedures, and guidelines relating to the sharing of cyber
threat indicators within the Federal Government, including
those policies, procedures, and guidelines relating to the
removal of information not directly related to a
cybersecurity threat that is personal information of a
specific individual or information that identifies a specific
individual.
(B) An assessment of whether cyber threat indicators or
defensive measures have been properly classified and an
accounting of the number of security clearances authorized by
the Federal Government for the purpose of sharing cyber
threat indicators or defensive measures with the private
sector.
(C) A review of the actions taken by the Federal Government
based on cyber threat indicators or defensive measures shared
with the Federal Government under this title, including a
review of the following:
(i) The appropriateness of subsequent uses and
disseminations of cyber threat indicators or defensive
measures.
(ii) Whether cyber threat indicators or defensive measures
were shared in a timely and adequate manner with appropriate
entities, or, if appropriate, were made publicly available.
(D) An assessment of the cyber threat indicators or
defensive measures shared with the appropriate Federal
entities under this title, including the following:
(i) The number of cyber threat indicators or defensive
measures shared through the capability and process developed
under section 105(c).
(ii) An assessment of any information not directly related
to a cybersecurity threat that is personal information of a
specific individual or information identifying a specific
individual and was shared by a non-Federal government entity
with the Federal government in contravention of this title,
or was shared within the Federal Government in contravention
of the guidelines required by this title, including a
description of any significant violation of this title.
(iii) The number of times, according to the Attorney
General, that information shared under this title was used by
a Federal entity to prosecute an offense listed in section
105(d)(5)(A).
(iv) A quantitative and qualitative assessment of the
effect of the sharing of cyber threat indicators or defensive
measures with the Federal Government on privacy and civil
liberties of specific individuals, including the number of
notices that were issued with respect to a failure to remove
information not directly related to a cybersecurity threat
that was personal information of a specific individual or
information that identified a specific individual in
accordance with the procedures required by section
105(b)(3)(E).
(v) The adequacy of any steps taken by the Federal
Government to reduce any adverse effect from activities
carried out under this title on the privacy and civil
liberties of United States persons.
(E) An assessment of the sharing of cyber threat indicators
or defensive measures among Federal entities to identify
inappropriate barriers to sharing information.
(3) Recommendations.--Each report submitted under this
subsection may include such recommendations as the inspectors
general may have for improvements or modifications to the
authorities and processes under this title.
(c) Independent Report on Removal of Personal
Information.--Not later than 3 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the actions taken
by the Federal Government to remove personal information from
cyber threat indicators or defensive measures pursuant to
this title. Such report shall include an assessment of the
sufficiency of the policies, procedures, and guidelines
established under this title in addressing concerns relating
to privacy and civil liberties.
(d) Form of Reports.--Each report required under this
section shall be submitted in an unclassified form, but may
include a classified annex.
(e) Public Availability of Reports.--The unclassified
portions of the reports required under this section shall be
made available to the public.
SEC. 108. CONSTRUCTION AND PREEMPTION.
(a) Otherwise Lawful Disclosures.--Nothing in this title
shall be construed--
(1) to limit or prohibit otherwise lawful disclosures of
communications, records, or other information, including
reporting of known or suspected criminal activity, by a non-
Federal entity to any other non-Federal entity or the Federal
Government under this title; or
(2) to limit or prohibit otherwise lawful use of such
disclosures by any Federal entity, even when such otherwise
lawful disclosures duplicate or replicate disclosures made
under this title.
(b) Whistle Blower Protections.--Nothing in this title
shall be construed to prohibit or limit the disclosure of
information protected under section 2302(b)(8) of title 5,
United States Code (governing disclosures of illegality,
waste, fraud, abuse, or public health or safety threats),
section 7211 of title 5, United States Code (governing
disclosures to Congress), section 1034 of title 10, United
States Code (governing disclosure to Congress by members of
the military), section 1104 of the National Security Act of
1947 (50 U.S.C. 3234) (governing disclosure by employees of
elements of the intelligence community), or any similar
provision of Federal or State law.
(c) Protection of Sources and Methods.--Nothing in this
title shall be construed--
(1) as creating any immunity against, or otherwise
affecting, any action brought by the Federal Government, or
any agency or department thereof, to enforce any law,
executive order, or procedure governing the appropriate
handling, disclosure, or use of classified information;
(2) to affect the conduct of authorized law enforcement or
intelligence activities; or
(3) to modify the authority of a department or agency of
the Federal Government to protect classified information and
sources and methods and the national security of the United
States.
(d) Relationship to Other Laws.--Nothing in this title
shall be construed to affect any requirement under any other
provision of law for a non-Federal entity to provide
information to the Federal Government.
(e) Prohibited Conduct.--Nothing in this title shall be
construed to permit price-fixing, allocating a market between
competitors, monopolizing or attempting to monopolize a
market, boycotting, or exchanges of price or cost
information, customer lists, or information regarding future
competitive planning.
(f) Information Sharing Relationships.--Nothing in this
title shall be construed--
(1) to limit or modify an existing information sharing
relationship;
(2) to prohibit a new information sharing relationship;
(3) to require a new information sharing relationship
between any non-Federal entity and a Federal entity or
another non-Federal entity; or
[[Page H9637]]
(4) to require the use of the capability and process within
the Department of Homeland Security developed under section
105(c).
(g) Preservation of Contractual Obligations and Rights.--
Nothing in this title shall be construed--
(1) to amend, repeal, or supersede any current or future
contractual agreement, terms of service agreement, or other
contractual relationship between any non-Federal entities, or
between any non-Federal entity and a Federal entity; or
(2) to abrogate trade secret or intellectual property
rights of any non-Federal entity or Federal entity.
(h) Anti-tasking Restriction.--Nothing in this title shall
be construed to permit a Federal entity--
(1) to require a non-Federal entity to provide information
to a Federal entity or another non-Federal entity;
(2) to condition the sharing of cyber threat indicators
with a non-Federal entity on such entity's provision of cyber
threat indicators to a Federal entity or another non-Federal
entity; or
(3) to condition the award of any Federal grant, contract,
or purchase on the provision of a cyber threat indicator to a
Federal entity or another non-Federal entity.
(i) No Liability for Non-participation.--Nothing in this
title shall be construed to subject any entity to liability
for choosing not to engage in the voluntary activities
authorized in this title.
(j) Use and Retention of Information.--Nothing in this
title shall be construed to authorize, or to modify any
existing authority of, a department or agency of the Federal
Government to retain or use any information shared under this
title for any use other than permitted in this title.
(k) Federal Preemption.--
(1) In general.--This title supersedes any statute or other
provision of law of a State or political subdivision of a
State that restricts or otherwise expressly regulates an
activity authorized under this title.
(2) State law enforcement.--Nothing in this title shall be
construed to supersede any statute or other provision of law
of a State or political subdivision of a State concerning the
use of authorized law enforcement practices and procedures.
(l) Regulatory Authority.--Nothing in this title shall be
construed--
(1) to authorize the promulgation of any regulations not
specifically authorized to be issued under this title;
(2) to establish or limit any regulatory authority not
specifically established or limited under this title; or
(3) to authorize regulatory actions that would duplicate or
conflict with regulatory requirements, mandatory standards,
or related processes under another provision of Federal law.
(m) Authority of Secretary of Defense to Respond to
Malicious Cyber Activity Carried Out by Foreign Powers.--
Nothing in this title shall be construed to limit the
authority of the Secretary of Defense under section 130g of
title 10, United States Code.
(n) Criminal Prosecution.--Nothing in this title shall be
construed to prevent the disclosure of a cyber threat
indicator or defensive measure shared under this title in a
case of criminal prosecution, when an applicable provision of
Federal, State, tribal, or local law requires disclosure in
such case.
SEC. 109. REPORT ON CYBERSECURITY THREATS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the heads of other
appropriate elements of the intelligence community, shall
submit to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives a report on cybersecurity threats,
including cyber attacks, theft, and data breaches.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) An assessment of the current intelligence sharing and
cooperation relationships of the United States with other
countries regarding cybersecurity threats, including cyber
attacks, theft, and data breaches, directed against the
United States and which threaten the United States national
security interests and economy and intellectual property,
specifically identifying the relative utility of such
relationships, which elements of the intelligence community
participate in such relationships, and whether and how such
relationships could be improved.
(2) A list and an assessment of the countries and nonstate
actors that are the primary threats of carrying out a
cybersecurity threat, including a cyber attack, theft, or
data breach, against the United States and which threaten the
United States national security, economy, and intellectual
property.
(3) A description of the extent to which the capabilities
of the United States Government to respond to or prevent
cybersecurity threats, including cyber attacks, theft, or
data breaches, directed against the United States private
sector are degraded by a delay in the prompt notification by
private entities of such threats or cyber attacks, theft, and
data breaches.
(4) An assessment of additional technologies or
capabilities that would enhance the ability of the United
States to prevent and to respond to cybersecurity threats,
including cyber attacks, theft, and data breaches.
(5) An assessment of any technologies or practices utilized
by the private sector that could be rapidly fielded to assist
the intelligence community in preventing and responding to
cybersecurity threats.
(c) Form of Report.--The report required by subsection (a)
shall be made available in classified and unclassified forms.
(d) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that
term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 110. EXCEPTION TO LIMITATION ON AUTHORITY OF SECRETARY
OF DEFENSE TO DISSEMINATE CERTAIN INFORMATION.
Notwithstanding subsection (c)(3) of section 393 of title
10, United States Code, the Secretary of Defense may
authorize the sharing of cyber threat indicators and
defensive measures pursuant to the policies, procedures, and
guidelines developed or issued under this title.
SEC. 111. EFFECTIVE PERIOD.
(a) In General.--Except as provided in subsection (b), this
title and the amendments made by this title shall be
effective during the period beginning on the date of the
enactment of this Act and ending on September 30, 2025.
(b) Exception.--With respect to any action authorized by
this title or information obtained pursuant to an action
authorized by this title, which occurred before the date on
which the provisions referred to in subsection (a) cease to
have effect, the provisions of this title shall continue in
effect.
TITLE II--NATIONAL CYBERSECURITY ADVANCEMENT
Subtitle A--National Cybersecurity and Communications Integration
Center
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``National Cybersecurity
Protection Advancement Act of 2015''.
SEC. 202. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.
(2) Cybersecurity risk; incident.--The terms
``cybersecurity risk'' and ``incident'' have the meanings
given those terms in section 227 of the Homeland Security Act
of 2002, as so redesignated by section 223(a)(3) of this
division.
(3) Cyber threat indicator; defensive measure.--The terms
``cyber threat indicator'' and ``defensive measure'' have the
meanings given those terms in section 102.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 203. INFORMATION SHARING STRUCTURE AND PROCESSES.
Section 227 of the Homeland Security Act of 2002, as so
redesignated by section 223(a)(3) of this division, is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(B) by striking paragraphs (1) and (2) and inserting the
following:
``(1) the term `cybersecurity risk'--
``(A) means threats to and vulnerabilities of information
or information systems and any related consequences caused by
or resulting from unauthorized access, use, disclosure,
degradation, disruption, modification, or destruction of such
information or information systems, including such related
consequences caused by an act of terrorism; and
``(B) does not include any action that solely involves a
violation of a consumer term of service or a consumer
licensing agreement;
``(2) the terms `cyber threat indicator' and `defensive
measure' have the meanings given those terms in section 102
of the Cybersecurity Act of 2015;
``(3) the term `incident' means an occurrence that actually
or imminently jeopardizes, without lawful authority, the
integrity, confidentiality, or availability of information on
an information system, or actually or imminently jeopardizes,
without lawful authority, an information system;'';
(C) in paragraph (4), as so redesignated, by striking
``and'' at the end;
(D) in paragraph (5), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(6) the term `sharing' (including all conjugations
thereof) means providing, receiving, and disseminating
(including all conjugations of each of such terms).'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``, including the implementation of title
I of the Cybersecurity Act of 2015'' before the semicolon at
the end; and
(ii) by inserting ``cyber threat indicators, defensive
measures,'' before ``cybersecurity risks'';
(B) in paragraph (3), by striking ``cybersecurity risks''
and inserting ``cyber threat indicators, defensive measures,
cybersecurity risks,'';
[[Page H9638]]
(C) in paragraph (5)(A), by striking ``cybersecurity
risks'' and inserting ``cyber threat indicators, defensive
measures, cybersecurity risks,'';
(D) in paragraph (6)--
(i) by striking ``cybersecurity risks'' and inserting
``cyber threat indicators, defensive measures, cybersecurity
risks,''; and
(ii) by striking ``and'' at the end;
(E) in paragraph (7)--
(i) in subparagraph (A), by striking ``and'' at the end;
(ii) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) sharing cyber threat indicators and defensive
measures;''; and
(F) by adding at the end the following:
``(8) engaging with international partners, in consultation
with other appropriate agencies, to--
``(A) collaborate on cyber threat indicators, defensive
measures, and information related to cybersecurity risks and
incidents; and
``(B) enhance the security and resilience of global
cybersecurity;
``(9) sharing cyber threat indicators, defensive measures,
and other information related to cybersecurity risks and
incidents with Federal and non-Federal entities, including
across sectors of critical infrastructure and with State and
major urban area fusion centers, as appropriate;
``(10) participating, as appropriate, in national exercises
run by the Department; and
``(11) in coordination with the Office of Emergency
Communications of the Department, assessing and evaluating
consequence, vulnerability, and threat information regarding
cyber incidents to public safety communications to help
facilitate continuous improvements to the security and
resiliency of such communications.'';
(3) in subsection (d)(1)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``and local'' and inserting
``, local, and tribal'';
(ii) in clause (ii), by striking ``; and'' and inserting
``, including information sharing and analysis centers;'';
(iii) in clause (iii), by adding ``and'' at the end; and
(iv) by adding at the end the following:
``(iv) private entities;''.
(B) in subparagraph (D), by striking ``and'' at the end;
(C) by redesignating subparagraph (E) as subparagraph (F);
and
(D) by inserting after subparagraph (D) the following:
``(E) an entity that collaborates with State and local
governments on cybersecurity risks and incidents, and has
entered into a voluntary information sharing relationship
with the Center; and'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``cyber threat
indicators, defensive measures, and'' before ``information'';
(ii) in subparagraph (B), by inserting ``cyber threat
indicators, defensive measures, and'' before ``information
related'';
(iii) in subparagraph (F)--
(I) by striking ``cybersecurity risks'' and inserting
``cyber threat indicators, defensive measures, cybersecurity
risks,''; and
(II) by striking ``and'' at the end;
(iv) in subparagraph (G), by striking ``cybersecurity risks
and incidents'' and inserting ``cyber threat indicators,
defensive measures, cybersecurity risks, and incidents;
and''; and
(v) by adding at the end the following:
``(H) the Center designates an agency contact for non-
Federal entities;'';
(B) in paragraph (2)--
(i) by striking ``cybersecurity risks'' and inserting
``cyber threat indicators, defensive measures, cybersecurity
risks,''; and
(ii) by inserting ``or disclosure'' after ``access''; and
(C) in paragraph (3), by inserting before the period at the
end the following: ``, including by working with the Privacy
Officer appointed under section 222 to ensure that the Center
follows the policies and procedures specified in subsections
(b) and (d)(5)(C) of section 105 of the Cybersecurity Act of
2015''; and
(5) by adding at the end the following:
``(g) Automated Information Sharing.--
``(1) In general.--The Under Secretary appointed under
section 103(a)(1)(H), in coordination with industry and other
stakeholders, shall develop capabilities making use of
existing information technology industry standards and best
practices, as appropriate, that support and rapidly advance
the development, adoption, and implementation of automated
mechanisms for the sharing of cyber threat indicators and
defensive measures in accordance with title I of the
Cybersecurity Act of 2015.
``(2) Annual report.--The Under Secretary appointed under
section 103(a)(1)(H) shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives an annual report on the status and progress
of the development of the capabilities described in paragraph
(1). Such reports shall be required until such capabilities
are fully implemented.
``(h) Voluntary Information Sharing Procedures.--
``(1) Procedures.--
``(A) In general.--The Center may enter into a voluntary
information sharing relationship with any consenting non-
Federal entity for the sharing of cyber threat indicators and
defensive measures for cybersecurity purposes in accordance
with this section. Nothing in this subsection may be
construed to require any non-Federal entity to enter into any
such information sharing relationship with the Center or any
other entity. The Center may terminate a voluntary
information sharing relationship under this subsection, at
the sole and unreviewable discretion of the Secretary, acting
through the Under Secretary appointed under section
103(a)(1)(H), for any reason, including if the Center
determines that the non-Federal entity with which the Center
has entered into such a relationship has violated the terms
of this subsection.
``(B) National security.--The Secretary may decline to
enter into a voluntary information sharing relationship under
this subsection, at the sole and unreviewable discretion of
the Secretary, acting through the Under Secretary appointed
under section 103(a)(1)(H), for any reason, including if the
Secretary determines that such is appropriate for national
security.
``(2) Voluntary information sharing relationships.--A
voluntary information sharing relationship under this
subsection may be characterized as an agreement described in
this paragraph.
``(A) Standard agreement.--For the use of a non-Federal
entity, the Center shall make available a standard agreement,
consistent with this section, on the Department's website.
``(B) Negotiated agreement.--At the request of a non-
Federal entity, and if determined appropriate by the Center,
at the sole and unreviewable discretion of the Secretary,
acting through the Under Secretary appointed under section
103(a)(1)(H), the Department shall negotiate a non-standard
agreement, consistent with this section.
``(C) Existing agreements.--An agreement between the Center
and a non-Federal entity that is entered into before the date
of enactment of this subsection, or such an agreement that is
in effect before such date, shall be deemed in compliance
with the requirements of this subsection, notwithstanding any
other provision or requirement of this subsection. An
agreement under this subsection shall include the relevant
privacy protections as in effect under the Cooperative
Research and Development Agreement for Cybersecurity
Information Sharing and Collaboration, as of December 31,
2014. Nothing in this subsection may be construed to require
a non-Federal entity to enter into either a standard or
negotiated agreement to be in compliance with this
subsection.
``(i) Direct Reporting.--The Secretary shall develop
policies and procedures for direct reporting to the Secretary
by the Director of the Center regarding significant
cybersecurity risks and incidents.
``(j) Reports on International Cooperation.--Not later than
180 days after the date of enactment of this subsection, and
periodically thereafter, the Secretary of Homeland Security
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report on
the range of efforts underway to bolster cybersecurity
collaboration with relevant international partners in
accordance with subsection (c)(8).
``(k) Outreach.--Not later than 60 days after the date of
enactment of this subsection, the Secretary, acting through
the Under Secretary appointed under section 103(a)(1)(H),
shall--
``(1) disseminate to the public information about how to
voluntarily share cyber threat indicators and defensive
measures with the Center; and
``(2) enhance outreach to critical infrastructure owners
and operators for purposes of such sharing.
``(l) Coordinated Vulnerability Disclosure.--The Secretary,
in coordination with industry and other stakeholders, may
develop and adhere to Department policies and procedures for
coordinating vulnerability disclosures.''.
SEC. 204. INFORMATION SHARING AND ANALYSIS ORGANIZATIONS.
Section 212 of the Homeland Security Act of 2002 (6 U.S.C.
131) is amended--
(1) in paragraph (5)--
(A) in subparagraph (A)--
(i) by inserting ``, including information related to
cybersecurity risks and incidents,'' after ``critical
infrastructure information''; and
(ii) by inserting ``, including cybersecurity risks and
incidents,'' after ``related to critical infrastructure'';
(B) in subparagraph (B)--
(i) by inserting ``, including cybersecurity risks and
incidents,'' after ``critical infrastructure information'';
and
(ii) by inserting ``, including cybersecurity risks and
incidents,'' after ``related to critical infrastructure'';
and
(C) in subparagraph (C), by inserting ``, including
cybersecurity risks and incidents,'' after ``critical
infrastructure information''; and
(2) by adding at the end the following:
``(8) Cybersecurity risk; incident.--The terms
`cybersecurity risk' and `incident' have the meanings given
those terms in section 227.''.
SEC. 205. NATIONAL RESPONSE FRAMEWORK.
Section 228 of the Homeland Security Act of 2002, as added
by section 223(a)(4) of this division, is amended by adding
at the end the following:
[[Page H9639]]
``(d) National Response Framework.--The Secretary, in
coordination with the heads of other appropriate Federal
departments and agencies, and in accordance with the National
Cybersecurity Incident Response Plan required under
subsection (c), shall regularly update, maintain, and
exercise the Cyber Incident Annex to the National Response
Framework of the Department.''.
SEC. 206. REPORT ON REDUCING CYBERSECURITY RISKS IN DHS DATA
CENTERS.
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report on the feasibility of the
Department creating an environment for the reduction in
cybersecurity risks in Department data centers, including by
increasing compartmentalization between systems, and
providing a mix of security controls between such
compartments.
SEC. 207. ASSESSMENT.
Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to the appropriate congressional committees a report
that includes--
(1) an assessment of the implementation by the Secretary of
this title and the amendments made by this title; and
(2) to the extent practicable, findings regarding increases
in the sharing of cyber threat indicators, defensive
measures, and information relating to cybersecurity risks and
incidents at the center established under section 227 of the
Homeland Security Act of 2002, as redesignated by section
223(a) of this division, and throughout the United States.
SEC. 208. MULTIPLE SIMULTANEOUS CYBER INCIDENTS AT CRITICAL
INFRASTRUCTURE.
Not later than 1 year after the date of enactment of this
Act, the Under Secretary appointed under section 103(a)(1)(H)
of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))
shall provide information to the appropriate congressional
committees on the feasibility of producing a risk-informed
plan to address the risk of multiple simultaneous cyber
incidents affecting critical infrastructure, including cyber
incidents that may have a cascading effect on other critical
infrastructure.
SEC. 209. REPORT ON CYBERSECURITY VULNERABILITIES OF UNITED
STATES PORTS.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the appropriate
congressional committees, the Committee on Commerce, Science
and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on cybersecurity vulnerabilities for
the 10 United States ports that the Secretary determines are
at greatest risk of a cybersecurity incident and provide
recommendations to mitigate such vulnerabilities.
SEC. 210. PROHIBITION ON NEW REGULATORY AUTHORITY.
Nothing in this subtitle or the amendments made by this
subtitle may be construed to grant the Secretary any
authority to promulgate regulations or set standards relating
to the cybersecurity of non-Federal entities, not including
State, local, and tribal governments, that was not in effect
on the day before the date of enactment of this Act.
SEC. 211. TERMINATION OF REPORTING REQUIREMENTS.
Any reporting requirements in this subtitle shall terminate
on the date that is 7 years after the date of enactment of
this Act.
Subtitle B--Federal Cybersecurity Enhancement
SEC. 221. SHORT TITLE.
This subtitle may be cited as the ``Federal Cybersecurity
Enhancement Act of 2015''.
SEC. 222. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Agency information system.--The term ``agency
information system'' has the meaning given the term in
section 228 of the Homeland Security Act of 2002, as added by
section 223(a)(4) of this division.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.
(4) Cybersecurity risk; information system.--The terms
``cybersecurity risk'' and ``information system'' have the
meanings given those terms in section 227 of the Homeland
Security Act of 2002, as so redesignated by section 223(a)(3)
of this division.
(5) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(6) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(7) National security system.--The term ``national security
system'' has the meaning given the term in section 11103 of
title 40, United States Code.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 223. IMPROVED FEDERAL NETWORK SECURITY.
(a) In General.--Subtitle C of title II of the Homeland
Security Act of 2002 (6 U.S.C. 141 et seq.) is amended--
(1) by redesignating section 228 as section 229;
(2) by redesignating section 227 as subsection (c) of
section 228, as added by paragraph (4), and adjusting the
margins accordingly;
(3) by redesignating the second section designated as
section 226 (relating to the national cybersecurity and
communications integration center) as section 227;
(4) by inserting after section 227, as so redesignated, the
following:
``SEC. 228. CYBERSECURITY PLANS.
``(a) Definitions.--In this section--
``(1) the term `agency information system' means an
information system used or operated by an agency or by
another entity on behalf of an agency;
``(2) the terms `cybersecurity risk' and `information
system' have the meanings given those terms in section 227;
``(3) the term `intelligence community' has the meaning
given the term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4)); and
``(4) the term `national security system' has the meaning
given the term in section 11103 of title 40, United States
Code.
``(b) Intrusion Assessment Plan.--
``(1) Requirement.--The Secretary, in coordination with the
Director of the Office of Management and Budget, shall--
``(A) develop and implement an intrusion assessment plan to
proactively detect, identify, and remove intruders in agency
information systems on a routine basis; and
``(B) update such plan as necessary.
``(2) Exception.--The intrusion assessment plan required
under paragraph (1) shall not apply to the Department of
Defense, a national security system, or an element of the
intelligence community.'';
(5) in section 228(c), as so redesignated, by striking
``section 226'' and inserting ``section 227''; and
(6) by inserting after section 229, as so redesignated, the
following:
``SEC. 230. FEDERAL INTRUSION DETECTION AND PREVENTION
SYSTEM.
``(a) Definitions.--In this section--
``(1) the term `agency' has the meaning given the term in
section 3502 of title 44, United States Code;
``(2) the term `agency information' means information
collected or maintained by or on behalf of an agency;
``(3) the term `agency information system' has the meaning
given the term in section 228; and
``(4) the terms `cybersecurity risk' and `information
system' have the meanings given those terms in section 227.
``(b) Requirement.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall deploy,
operate, and maintain, to make available for use by any
agency, with or without reimbursement--
``(A) a capability to detect cybersecurity risks in network
traffic transiting or traveling to or from an agency
information system; and
``(B) a capability to prevent network traffic associated
with such cybersecurity risks from transiting or traveling to
or from an agency information system or modify such network
traffic to remove the cybersecurity risk.
``(2) Regular improvement.--The Secretary shall regularly
deploy new technologies and modify existing technologies to
the intrusion detection and prevention capabilities described
in paragraph (1) as appropriate to improve the intrusion
detection and prevention capabilities.
``(c) Activities.--In carrying out subsection (b), the
Secretary--
``(1) may access, and the head of an agency may disclose to
the Secretary or a private entity providing assistance to the
Secretary under paragraph (2), information transiting or
traveling to or from an agency information system, regardless
of the location from which the Secretary or a private entity
providing assistance to the Secretary under paragraph (2)
accesses such information, notwithstanding any other
provision of law that would otherwise restrict or prevent the
head of an agency from disclosing such information to the
Secretary or a private entity providing assistance to the
Secretary under paragraph (2);
``(2) may enter into contracts or other agreements with, or
otherwise request and obtain the assistance of, private
entities to deploy, operate, and maintain technologies in
accordance with subsection (b);
``(3) may retain, use, and disclose information obtained
through the conduct of activities authorized under this
section only to protect information and information systems
from cybersecurity risks;
``(4) shall regularly assess through operational test and
evaluation in real world or simulated environments available
advanced protective technologies to improve detection and
prevention capabilities, including commercial and
noncommercial technologies and detection technologies beyond
signature-based detection, and acquire, test, and deploy such
technologies when appropriate;
``(5) shall establish a pilot through which the Secretary
may acquire, test, and deploy, as rapidly as possible,
technologies described in paragraph (4); and
``(6) shall periodically update the privacy impact
assessment required under section 208(b) of the E-Government
Act of 2002 (44 U.S.C. 3501 note).
[[Page H9640]]
``(d) Principles.--In carrying out subsection (b), the
Secretary shall ensure that--
``(1) activities carried out under this section are
reasonably necessary for the purpose of protecting agency
information and agency information systems from a
cybersecurity risk;
``(2) information accessed by the Secretary will be
retained no longer than reasonably necessary for the purpose
of protecting agency information and agency information
systems from a cybersecurity risk;
``(3) notice has been provided to users of an agency
information system concerning access to communications of
users of the agency information system for the purpose of
protecting agency information and the agency information
system; and
``(4) the activities are implemented pursuant to policies
and procedures governing the operation of the intrusion
detection and prevention capabilities.
``(e) Private Entities.--
``(1) Conditions.--A private entity described in subsection
(c)(2) may not--
``(A) disclose any network traffic transiting or traveling
to or from an agency information system to any entity other
than the Department or the agency that disclosed the
information under subsection (c)(1), including personal
information of a specific individual or information that
identifies a specific individual not directly related to a
cybersecurity risk; or
``(B) use any network traffic transiting or traveling to or
from an agency information system to which the private entity
gains access in accordance with this section for any purpose
other than to protect agency information and agency
information systems against cybersecurity risks or to
administer a contract or other agreement entered into
pursuant to subsection (c)(2) or as part of another contract
with the Secretary.
``(2) Limitation on liability.--No cause of action shall
lie in any court against a private entity for assistance
provided to the Secretary in accordance with this section and
any contract or agreement entered into pursuant to subsection
(c)(2).
``(3) Rule of construction.--Nothing in paragraph (2) shall
be construed to authorize an Internet service provider to
break a user agreement with a customer without the consent of
the customer.
``(f) Privacy Officer Review.--Not later than 1 year after
the date of enactment of this section, the Privacy Officer
appointed under section 222, in consultation with the
Attorney General, shall review the policies and guidelines
for the program carried out under this section to ensure that
the policies and guidelines are consistent with applicable
privacy laws, including those governing the acquisition,
interception, retention, use, and disclosure of
communications.''.
(b) Agency Responsibilities.--
(1) In general.--Except as provided in paragraph (2)--
(A) not later than 1 year after the date of enactment of
this Act or 2 months after the date on which the Secretary
makes available the intrusion detection and prevention
capabilities under section 230(b)(1) of the Homeland Security
Act of 2002, as added by subsection (a), whichever is later,
the head of each agency shall apply and continue to utilize
the capabilities to all information traveling between an
agency information system and any information system other
than an agency information system; and
(B) not later than 6 months after the date on which the
Secretary makes available improvements to the intrusion
detection and prevention capabilities pursuant to section
230(b)(2) of the Homeland Security Act of 2002, as added by
subsection (a), the head of each agency shall apply and
continue to utilize the improved intrusion detection and
prevention capabilities.
(2) Exception.--The requirements under paragraph (1) shall
not apply to the Department of Defense, a national security
system, or an element of the intelligence community.
(3) Definition.--Notwithstanding section 222, in this
subsection, the term ``agency information system'' means an
information system owned or operated by an agency.
(4) Rule of construction.--Nothing in this subsection shall
be construed to limit an agency from applying the intrusion
detection and prevention capabilities to an information
system other than an agency information system under section
230(b)(1) of the Homeland Security Act of 2002, as added by
subsection (a), at the discretion of the head of the agency
or as provided in relevant policies, directives, and
guidelines.
(c) Table of Contents Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
101 note) is amended by striking the items relating to the
first section designated as section 226, the second section
designated as section 226 (relating to the national
cybersecurity and communications integration center), section
227, and section 228 and inserting the following:
``Sec. 226. Cybersecurity recruitment and retention.
``Sec. 227. National cybersecurity and communications integration
center.
``Sec. 228. Cybersecurity plans.
``Sec. 229. Clearances.
``Sec. 230. Federal intrusion detection and prevention system.''.
SEC. 224. ADVANCED INTERNAL DEFENSES.
(a) Advanced Network Security Tools.--
(1) In general.--The Secretary shall include, in the
efforts of the Department to continuously diagnose and
mitigate cybersecurity risks, advanced network security tools
to improve visibility of network activity, including through
the use of commercial and free or open source tools, and to
detect and mitigate intrusions and anomalous activity.
(2) Development of plan.--The Director shall develop and
the Secretary shall implement a plan to ensure that each
agency utilizes advanced network security tools, including
those described in paragraph (1), to detect and mitigate
intrusions and anomalous activity.
(b) Prioritizing Advanced Security Tools.--The Director and
the Secretary, in consultation with appropriate agencies,
shall--
(1) review and update Government-wide policies and programs
to ensure appropriate prioritization and use of network
security monitoring tools within agency networks; and
(2) brief appropriate congressional committees on such
prioritization and use.
(c) Improved Metrics.--The Secretary, in collaboration with
the Director, shall review and update the metrics used to
measure security under section 3554 of title 44, United
States Code, to include measures of intrusion and incident
detection and response times.
(d) Transparency and Accountability.--The Director, in
consultation with the Secretary, shall increase transparency
to the public on agency cybersecurity posture, including by
increasing the number of metrics available on Federal
Government performance websites and, to the greatest extent
practicable, displaying metrics for department components,
small agencies, and micro-agencies.
(e) Maintenance of Technologies.--Section 3553(b)(6)(B) of
title 44, United States Code, is amended by inserting ``,
operating, and maintaining'' after ``deploying''.
(f) Exception.--The requirements under this section shall
not apply to the Department of Defense, a national security
system, or an element of the intelligence community.
SEC. 225. FEDERAL CYBERSECURITY REQUIREMENTS.
(a) Implementation of Federal Cybersecurity Standards.--
Consistent with section 3553 of title 44, United States Code,
the Secretary, in consultation with the Director, shall
exercise the authority to issue binding operational
directives to assist the Director in ensuring timely agency
adoption of and compliance with policies and standards
promulgated under section 11331 of title 40, United States
Code, for securing agency information systems.
(b) Cybersecurity Requirements at Agencies.--
(1) In general.--Consistent with policies, standards,
guidelines, and directives on information security under
subchapter II of chapter 35 of title 44, United States Code,
and the standards and guidelines promulgated under section
11331 of title 40, United States Code, and except as provided
in paragraph (2), not later than 1 year after the date of the
enactment of this Act, the head of each agency shall--
(A) identify sensitive and mission critical data stored by
the agency consistent with the inventory required under the
first subsection (c) (relating to the inventory of major
information systems) and the second subsection (c) (relating
to the inventory of information systems) of section 3505 of
title 44, United States Code;
(B) assess access controls to the data described in
subparagraph (A), the need for readily accessible storage of
the data, and individuals' need to access the data;
(C) encrypt or otherwise render indecipherable to
unauthorized users the data described in subparagraph (A)
that is stored on or transiting agency information systems;
(D) implement a single sign-on trusted identity platform
for individuals accessing each public website of the agency
that requires user authentication, as developed by the
Administrator of General Services in collaboration with the
Secretary; and
(E) implement identity management consistent with section
504 of the Cybersecurity Enhancement Act of 2014 (Public Law
113-274; 15 U.S.C. 7464), including multi-factor
authentication, for--
(i) remote access to an agency information system; and
(ii) each user account with elevated privileges on an
agency information system.
(2) Exception.--The requirements under paragraph (1) shall
not apply to an agency information system for which--
(A) the head of the agency has personally certified to the
Director with particularity that--
(i) operational requirements articulated in the
certification and related to the agency information system
would make it excessively burdensome to implement the
cybersecurity requirement;
(ii) the cybersecurity requirement is not necessary to
secure the agency information system or agency information
stored on or transiting it; and
(iii) the agency has taken all necessary steps to secure
the agency information system and agency information stored
on or transiting it; and
(B) the head of the agency or the designee of the head of
the agency has submitted the certification described in
subparagraph (A) to the appropriate congressional committees
and the agency's authorizing committees.
[[Page H9641]]
(3) Construction.--Nothing in this section shall be
construed to alter the authority of the Secretary, the
Director, or the Director of the National Institute of
Standards and Technology in implementing subchapter II of
chapter 35 of title 44, United States Code. Nothing in this
section shall be construed to affect the National Institute
of Standards and Technology standards process or the
requirement under section 3553(a)(4) of such title or to
discourage continued improvements and advancements in the
technology, standards, policies, and guidelines used to
promote Federal information security.
(c) Exception.--The requirements under this section shall
not apply to the Department of Defense, a national security
system, or an element of the intelligence community.
SEC. 226. ASSESSMENT; REPORTS.
(a) Definitions.--In this section:
(1) Agency information.--The term ``agency information''
has the meaning given the term in section 230 of the Homeland
Security Act of 2002, as added by section 223(a)(6) of this
division.
(2) Cyber threat indicator; defensive measure.--The terms
``cyber threat indicator'' and ``defensive measure'' have the
meanings given those terms in section 102.
(3) Intrusion assessments.--The term ``intrusion
assessments'' means actions taken under the intrusion
assessment plan to identify and remove intruders in agency
information systems.
(4) Intrusion assessment plan.--The term ``intrusion
assessment plan'' means the plan required under section
228(b)(1) of the Homeland Security Act of 2002, as added by
section 223(a)(4) of this division.
(5) Intrusion detection and prevention capabilities.--The
term ``intrusion detection and prevention capabilities''
means the capabilities required under section 230(b) of the
Homeland Security Act of 2002, as added by section 223(a)(6)
of this division.
(b) Third-party Assessment.--Not later than 3 years after
the date of enactment of this Act, the Comptroller General of
the United States shall conduct a study and publish a report
on the effectiveness of the approach and strategy of the
Federal Government to securing agency information systems,
including the intrusion detection and prevention capabilities
and the intrusion assessment plan.
(c) Reports to Congress.--
(1) Intrusion detection and prevention capabilities.--
(A) Secretary of homeland security report.--Not later than
6 months after the date of enactment of this Act, and
annually thereafter, the Secretary shall submit to the
appropriate congressional committees a report on the status
of implementation of the intrusion detection and prevention
capabilities, including--
(i) a description of privacy controls;
(ii) a description of the technologies and capabilities
utilized to detect cybersecurity risks in network traffic,
including the extent to which those technologies and
capabilities include existing commercial and noncommercial
technologies;
(iii) a description of the technologies and capabilities
utilized to prevent network traffic associated with
cybersecurity risks from transiting or traveling to or from
agency information systems, including the extent to which
those technologies and capabilities include existing
commercial and noncommercial technologies;
(iv) a list of the types of indicators or other identifiers
or techniques used to detect cybersecurity risks in network
traffic transiting or traveling to or from agency information
systems on each iteration of the intrusion detection and
prevention capabilities and the number of each such type of
indicator, identifier, and technique;
(v) the number of instances in which the intrusion
detection and prevention capabilities detected a
cybersecurity risk in network traffic transiting or traveling
to or from agency information systems and the number of times
the intrusion detection and prevention capabilities blocked
network traffic associated with cybersecurity risk; and
(vi) a description of the pilot established under section
230(c)(5) of the Homeland Security Act of 2002, as added by
section 223(a)(6) of this division, including the number of
new technologies tested and the number of participating
agencies.
(B) OMB report.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Director
shall submit to Congress, as part of the report required
under section 3553(c) of title 44, United States Code, an
analysis of agency application of the intrusion detection and
prevention capabilities, including--
(i) a list of each agency and the degree to which each
agency has applied the intrusion detection and prevention
capabilities to an agency information system; and
(ii) a list by agency of--
(I) the number of instances in which the intrusion
detection and prevention capabilities detected a
cybersecurity risk in network traffic transiting or traveling
to or from an agency information system and the types of
indicators, identifiers, and techniques used to detect such
cybersecurity risks; and
(II) the number of instances in which the intrusion
detection and prevention capabilities prevented network
traffic associated with a cybersecurity risk from transiting
or traveling to or from an agency information system and the
types of indicators, identifiers, and techniques used to
detect such agency information systems.
(C) Chief information officer.--Not earlier than 18 months
after the date of enactment of this Act and not later than 2
years after the date of enactment of this Act, the Federal
Chief Information Officer shall review and submit to the
appropriate congressional committees a report assessing the
intrusion detection and intrusion prevention capabilities,
including--
(i) the effectiveness of the system in detecting,
disrupting, and preventing cyber-threat actors, including
advanced persistent threats, from accessing agency
information and agency information systems;
(ii) whether the intrusion detection and prevention
capabilities, continuous diagnostics and mitigation, and
other systems deployed under subtitle D of title II of the
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) are
effective in securing Federal information systems;
(iii) the costs and benefits of the intrusion detection and
prevention capabilities, including as compared to commercial
technologies and tools and including the value of classified
cyber threat indicators; and
(iv) the capability of agencies to protect sensitive cyber
threat indicators and defensive measures if they were shared
through unclassified mechanisms for use in commercial
technologies and tools.
(2) OMB report on development and implementation of
intrusion assessment plan, advanced internal defenses, and
federal cybersecurity requirements.--The Director shall--
(A) not later than 6 months after the date of enactment of
this Act, and 30 days after any update thereto, submit the
intrusion assessment plan to the appropriate congressional
committees;
(B) not later than 1 year after the date of enactment of
this Act, and annually thereafter, submit to Congress, as
part of the report required under section 3553(c) of title
44, United States Code--
(i) a description of the implementation of the intrusion
assessment plan;
(ii) the findings of the intrusion assessments conducted
pursuant to the intrusion assessment plan;
(iii) a description of the advanced network security tools
included in the efforts to continuously diagnose and mitigate
cybersecurity risks pursuant to section 224(a)(1); and
(iv) a list by agency of compliance with the requirements
of section 225(b); and
(C) not later than 1 year after the date of enactment of
this Act, submit to the appropriate congressional
committees--
(i) a copy of the plan developed pursuant to section
224(a)(2); and
(ii) the improved metrics developed pursuant to section
224(c).
(d) Form.--Each report required under this section shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 227. TERMINATION.
(a) In General.--The authority provided under section 230
of the Homeland Security Act of 2002, as added by section
223(a)(6) of this division, and the reporting requirements
under section 226(c) of this division shall terminate on the
date that is 7 years after the date of enactment of this Act.
(b) Rule of Construction.--Nothing in subsection (a) shall
be construed to affect the limitation of liability of a
private entity for assistance provided to the Secretary under
section 230(d)(2) of the Homeland Security Act of 2002, as
added by section 223(a)(6) of this division, if such
assistance was rendered before the termination date under
subsection (a) or otherwise during a period in which the
assistance was authorized.
SEC. 228. IDENTIFICATION OF INFORMATION SYSTEMS RELATING TO
NATIONAL SECURITY.
(a) In General.--Except as provided in subsection (c), not
later than 180 days after the date of enactment of this Act--
(1) the Director of National Intelligence and the Director
of the Office of Management and Budget, in coordination with
the heads of other agencies, shall--
(A) identify all unclassified information systems that
provide access to information that may provide an adversary
with the ability to derive information that would otherwise
be considered classified;
(B) assess the risks that would result from the breach of
each unclassified information system identified in
subparagraph (A); and
(C) assess the cost and impact on the mission carried out
by each agency that owns an unclassified information system
identified in subparagraph (A) if the system were to be
subsequently designated as a national security system; and
(2) the Director of National Intelligence and the Director
of the Office of Management and Budget shall submit to the
appropriate congressional committees, the Select Committee on
Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of Representatives a
report that includes the findings under paragraph (1).
(b) Form.--The report submitted under subsection (a)(2)
shall be in unclassified form, and shall include a classified
annex.
(c) Exception.--The requirements under subsection (a)(1)
shall not apply to the Department of Defense, a national
security system, or an element of the intelligence community.
(d) Rule of Construction.--Nothing in this section shall be
construed to designate an information system as a national
security system.
[[Page H9642]]
SEC. 229. DIRECTION TO AGENCIES.
(a) In General.--Section 3553 of title 44, United States
Code, is amended by adding at the end the following:
``(h) Direction to Agencies.--
``(1) Authority.--
``(A) In general.--Subject to subparagraph (B), in response
to a known or reasonably suspected information security
threat, vulnerability, or incident that represents a
substantial threat to the information security of an agency,
the Secretary may issue an emergency directive to the head of
an agency to take any lawful action with respect to the
operation of the information system, including such systems
used or operated by another entity on behalf of an agency,
that collects, processes, stores, transmits, disseminates, or
otherwise maintains agency information, for the purpose of
protecting the information system from, or mitigating, an
information security threat.
``(B) Exception.--The authorities of the Secretary under
this subsection shall not apply to a system described
subsection (d) or to a system described in paragraph (2) or
(3) of subsection (e).
``(2) Procedures for use of authority.--The Secretary
shall--
``(A) in coordination with the Director, and in
consultation with Federal contractors as appropriate,
establish procedures governing the circumstances under which
a directive may be issued under this subsection, which shall
include--
``(i) thresholds and other criteria;
``(ii) privacy and civil liberties protections; and
``(iii) providing notice to potentially affected third
parties;
``(B) specify the reasons for the required action and the
duration of the directive;
``(C) minimize the impact of a directive under this
subsection by--
``(i) adopting the least intrusive means possible under the
circumstances to secure the agency information systems; and
``(ii) limiting directives to the shortest period
practicable;
``(D) notify the Director and the head of any affected
agency immediately upon the issuance of a directive under
this subsection;
``(E) consult with the Director of the National Institute
of Standards and Technology regarding any directive under
this subsection that implements standards and guidelines
developed by the National Institute of Standards and
Technology;
``(F) ensure that directives issued under this subsection
do not conflict with the standards and guidelines issued
under section 11331 of title 40;
``(G) consider any applicable standards or guidelines
developed by the National Institute of Standards and
Technology issued by the Secretary of Commerce under section
11331 of title 40; and
``(H) not later than February 1 of each year, submit to the
appropriate congressional committees a report regarding the
specific actions the Secretary has taken pursuant to
paragraph (1)(A).
``(3) Imminent threats.--
``(A) In general.--Notwithstanding section 3554, the
Secretary may authorize the use under this subsection of the
intrusion detection and prevention capabilities established
under section 230(b)(1) of the Homeland Security Act of 2002
for the purpose of ensuring the security of agency
information systems, if--
``(i) the Secretary determines there is an imminent threat
to agency information systems;
``(ii) the Secretary determines a directive under
subsection (b)(2)(C) or paragraph (1)(A) is not reasonably
likely to result in a timely response to the threat;
``(iii) the Secretary determines the risk posed by the
imminent threat outweighs any adverse consequences reasonably
expected to result from the use of the intrusion detection
and prevention capabilities under the control of the
Secretary;
``(iv) the Secretary provides prior notice to the Director,
and the head and chief information officer (or equivalent
official) of each agency to which specific actions will be
taken pursuant to this paragraph, and notifies the
appropriate congressional committees and authorizing
committees of each such agency within 7 days of taking an
action under this paragraph of--
``(I) any action taken under this paragraph; and
``(II) the reasons for and duration and nature of the
action;
``(v) the action of the Secretary is consistent with
applicable law; and
``(vi) the Secretary authorizes the use of the intrusion
detection and prevention capabilities in accordance with the
advance procedures established under subparagraph (C).
``(B) Limitation on delegation.--The authority under this
paragraph may not be delegated by the Secretary.
``(C) Advance procedures.--The Secretary shall, in
coordination with the Director, and in consultation with the
heads of Federal agencies, establish procedures governing the
circumstances under which the Secretary may authorize the use
of the intrusion detection and prevention capabilities under
subparagraph (A). The Secretary shall submit the procedures
to Congress.
``(4) Limitation.--The Secretary may direct or authorize
lawful action or the use of the intrusion detection and
prevention capabilities under this subsection only to--
``(A) protect agency information from unauthorized access,
use, disclosure, disruption, modification, or destruction; or
``(B) require the remediation of or protect against
identified information security risks with respect to--
``(i) information collected or maintained by or on behalf
of an agency; or
``(ii) that portion of an information system used or
operated by an agency or by a contractor of an agency or
other organization on behalf of an agency.
``(i) Annual Report to Congress.--Not later than February 1
of each year, the Director and the Secretary shall submit to
the appropriate congressional committees a report regarding
the specific actions the Director and the Secretary have
taken pursuant to subsection (a)(5), including any actions
taken pursuant to section 11303(b)(5) of title 40.
``(j) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means--
``(1) the Committee on Appropriations and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
``(2) the Committee on Appropriations, the Committee on
Homeland Security, the Committee on Oversight and Government
Reform, and the Committee on Science, Space, and Technology
of the House of Representatives.''.
(b) Conforming Amendment.--Section 3554(a)(1)(B) of title
44, United States Code, is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(v) emergency directives issued by the Secretary under
section 3553(h); and''.
TITLE III--FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Federal Cybersecurity
Workforce Assessment Act of 2015''.
SEC. 302. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Commerce, Science, and Transportation
of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Homeland Security of the House of
Representatives;
(G) the Committee on Oversight and Government Reform of the
House of Representatives; and
(H) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(3) National initiative for cybersecurity education.--The
term ``National Initiative for Cybersecurity Education''
means the initiative under the national cybersecurity
awareness and education program, as authorized under section
401 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7451).
(4) Work roles.--The term `` work roles'' means a
specialized set of tasks and functions requiring specific
knowledge, skills, and abilities.
SEC. 303. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT
INITIATIVE.
(a) In General.--The head of each Federal agency shall--
(1) identify all positions within the agency that require
the performance of cybersecurity or other cyber-related
functions; and
(2) assign the corresponding employment code under the
National Initiative for Cybersecurity Education in accordance
with subsection (b).
(b) Employment Codes.--
(1) Procedures.--
(A) Coding structure.--Not later than 180 days after the
date of the enactment of this Act, the Director, in
coordination with the National Institute of Standards and
Technology, shall develop a coding structure under the
National Initiative for Cybersecurity Education.
(B) Identification of civilian cyber personnel.--Not later
than 9 months after the date of enactment of this Act, the
Director, in coordination with the Secretary of Homeland
Security, the Director of the National Institute of Standards
and Technology, and the Director of National Intelligence,
shall establish procedures to implement the National
Initiative for Cybersecurity Education coding structure to
identify all Federal civilian positions that require the
performance of information technology, cybersecurity, or
other cyber-related functions.
(C) Identification of noncivilian cyber personnel.--Not
later than 18 months after the date of enactment of this Act,
the Secretary of Defense shall establish procedures to
implement the National Initiative for Cybersecurity
Education's coding structure to identify all Federal
noncivilian positions that require the performance of
information technology, cybersecurity, or other cyber-related
functions.
(D) Baseline assessment of existing cybersecurity
workforce.--Not later than 3
[[Page H9643]]
months after the date on which the procedures are developed
under subparagraphs (B) and (C), respectively, the head of
each Federal agency shall submit to the appropriate
congressional committees of jurisdiction a report that
identifies--
(i) the percentage of personnel with information
technology, cybersecurity, or other cyber-related job
functions who currently hold the appropriate industry-
recognized certifications as identified under the National
Initiative for Cybersecurity Education;
(ii) the level of preparedness of other civilian and
noncivilian cyber personnel without existing credentials to
take certification exams; and
(iii) a strategy for mitigating any gaps identified in
clause (i) or (ii) with the appropriate training and
certification for existing personnel.
(E) Procedures for assigning codes.--Not later than 3
months after the date on which the procedures are developed
under subparagraphs (B) and (C), respectively, the head of
each Federal agency shall establish procedures--
(i) to identify all encumbered and vacant positions with
information technology, cybersecurity, or other cyber-related
functions (as defined in the National Initiative for
Cybersecurity Education's coding structure); and
(ii) to assign the appropriate employment code to each such
position, using agreed standards and definitions.
(2) Code assignments.--Not later than 1 year after the date
after the procedures are established under paragraph (1)(E),
the head of each Federal agency shall complete assignment of
the appropriate employment code to each position within the
agency with information technology, cybersecurity, or other
cyber-related functions.
(c) Progress Report.--Not later than 180 days after the
date of enactment of this Act, the Director shall submit a
progress report on the implementation of this section to the
appropriate congressional committees.
SEC. 304. IDENTIFICATION OF CYBER-RELATED WORK ROLES OF
CRITICAL NEED.
(a) In General.--Beginning not later than 1 year after the
date on which the employment codes are assigned to employees
pursuant to section 303(b)(2), and annually thereafter
through 2022, the head of each Federal agency, in
consultation with the Director, the Director of the National
Institute of Standards and Technology, and the Secretary of
Homeland Security, shall--
(1) identify information technology, cybersecurity, or
other cyber-related work roles of critical need in the
agency's workforce; and
(2) submit a report to the Director that--
(A) describes the information technology, cybersecurity, or
other cyber-related roles identified under paragraph (1); and
(B) substantiates the critical need designations.
(b) Guidance.--The Director shall provide Federal agencies
with timely guidance for identifying information technology,
cybersecurity, or other cyber-related roles of critical need,
including--
(1) current information technology, cybersecurity, and
other cyber-related roles with acute skill shortages; and
(2) information technology, cybersecurity, or other cyber-
related roles with emerging skill shortages.
(c) Cybersecurity Needs Report.--Not later than 2 years
after the date of the enactment of this Act, the Director, in
consultation with the Secretary of Homeland Security, shall--
(1) identify critical needs for information technology,
cybersecurity, or other cyber-related workforce across all
Federal agencies; and
(2) submit a progress report on the implementation of this
section to the appropriate congressional committees.
SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS.
The Comptroller General of the United States shall--
(1) analyze and monitor the implementation of sections 303
and 304; and
(2) not later than 3 years after the date of the enactment
of this Act, submit a report to the appropriate congressional
committees that describes the status of such implementation.
TITLE IV--OTHER CYBER MATTERS
SEC. 401. STUDY ON MOBILE DEVICE SECURITY.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Director of the National
Institute of Standards and Technology, shall--
(1) complete a study on threats relating to the security of
the mobile devices of the Federal Government; and
(2) submit an unclassified report to Congress, with a
classified annex if necessary, that contains the findings of
such study, the recommendations developed under paragraph (3)
of subsection (b), the deficiencies, if any, identified under
(4) of such subsection, and the plan developed under
paragraph (5) of such subsection.
(b) Matters Studied.--In carrying out the study under
subsection (a)(1), the Secretary, in consultation with the
Director of the National Institute of Standards and
Technology, shall--
(1) assess the evolution of mobile security techniques from
a desktop-centric approach, and whether such techniques are
adequate to meet current mobile security challenges;
(2) assess the effect such threats may have on the
cybersecurity of the information systems and networks of the
Federal Government (except for national security systems or
the information systems and networks of the Department of
Defense and the intelligence community);
(3) develop recommendations for addressing such threats
based on industry standards and best practices;
(4) identify any deficiencies in the current authorities of
the Secretary that may inhibit the ability of the Secretary
to address mobile device security throughout the Federal
Government (except for national security systems and the
information systems and networks of the Department of Defense
and intelligence community); and
(5) develop a plan for accelerated adoption of secure
mobile device technology by the Department of Homeland
Security.
(c) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given such
term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 402. DEPARTMENT OF STATE INTERNATIONAL CYBERSPACE POLICY
STRATEGY.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
produce a comprehensive strategy relating to United States
international policy with regard to cyberspace.
(b) Elements.--The strategy required by subsection (a)
shall include the following:
(1) A review of actions and activities undertaken by the
Secretary of State to date to support the goal of the
President's International Strategy for Cyberspace, released
in May 2011, to ``work internationally to promote an open,
interoperable, secure, and reliable information and
communications infrastructure that supports international
trade and commerce, strengthens international security, and
fosters free expression and innovation.''.
(2) A plan of action to guide the diplomacy of the
Secretary of State, with regard to foreign countries,
including conducting bilateral and multilateral activities to
develop the norms of responsible international behavior in
cyberspace, and status review of existing discussions in
multilateral fora to obtain agreements on international norms
in cyberspace.
(3) A review of the alternative concepts with regard to
international norms in cyberspace offered by foreign
countries that are prominent actors, including China, Russia,
Brazil, and India.
(4) A detailed description of threats to United States
national security in cyberspace from foreign countries,
state-sponsored actors, and private actors to Federal and
private sector infrastructure of the United States,
intellectual property in the United States, and the privacy
of citizens of the United States.
(5) A review of policy tools available to the President to
deter foreign countries, state-sponsored actors, and private
actors, including those outlined in Executive Order 13694,
released on April 1, 2015.
(6) A review of resources required by the Secretary,
including the Office of the Coordinator for Cyber Issues, to
conduct activities to build responsible norms of
international cyber behavior.
(c) Consultation.--In preparing the strategy required by
subsection (a), the Secretary of State shall consult, as
appropriate, with other agencies and departments of the
United States and the private sector and nongovernmental
organizations in the United States with recognized
credentials and expertise in foreign policy, national
security, and cybersecurity.
(d) Form of Strategy.--The strategy required by subsection
(a) shall be in unclassified form, but may include a
classified annex.
(e) Availability of Information.--The Secretary of State
shall--
(1) make the strategy required in subsection (a) available
the public; and
(2) brief the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives on the strategy, including any material
contained in a classified annex.
SEC. 403. APPREHENSION AND PROSECUTION OF INTERNATIONAL CYBER
CRIMINALS.
(a) International Cyber Criminal Defined.--In this section,
the term ``international cyber criminal'' means an
individual--
(1) who is believed to have committed a cybercrime or
intellectual property crime against the interests of the
United States or the citizens of the United States; and
(2) for whom--
(A) an arrest warrant has been issued by a judge in the
United States; or
(B) an international wanted notice (commonly referred to as
a ``Red Notice'') has been circulated by Interpol.
(b) Consultations for Noncooperation.--The Secretary of
State, or designee, shall consult with the appropriate
government official of each country from which extradition is
not likely due to the lack of an extradition treaty with the
United States or other reasons, in which one or more
international cyber criminals are physically present, to
determine what actions the government of such country has
taken--
(1) to apprehend and prosecute such criminals; and
(2) to prevent such criminals from carrying out cybercrimes
or intellectual property
[[Page H9644]]
crimes against the interests of the United States or its
citizens.
(c) Annual Report.--
(1) In general.--The Secretary of State shall submit to the
appropriate congressional committees an annual report that
includes--
(A) the number of international cyber criminals located in
other countries, disaggregated by country, and indicating
from which countries extradition is not likely due to the
lack of an extradition treaty with the United States or other
reasons;
(B) the nature and number of significant discussions by an
official of the Department of State on ways to thwart or
prosecute international cyber criminals with an official of
another country, including the name of each such country; and
(C) for each international cyber criminal who was
extradited to the United States during the most recently
completed calendar year--
(i) his or her name;
(ii) the crimes for which he or she was charged;
(iii) his or her previous country of residence; and
(iv) the country from which he or she was extradited into
the United States.
(2) Form.--The report required by this subsection shall be
in unclassified form to the maximum extent possible, but may
include a classified annex.
(3) Appropriate congressional committees.--For purposes of
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Homeland Security and
Governmental Affairs, the Committee on Banking, Housing, and
Urban Affairs, the Select Committee on Intelligence, and the
Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Homeland Security, the
Committee on Financial Services, the Permanent Select
Committee on Intelligence, and the Committee on the Judiciary
of the House of Representatives.
SEC. 404. ENHANCEMENT OF EMERGENCY SERVICES.
(a) Collection of Data.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Homeland
Security, acting through the center established under section
227 of the Homeland Security Act of 2002, as redesignated by
section 223(a)(3) of this division, in coordination with
appropriate Federal entities and the Director for Emergency
Communications, shall establish a process by which a
Statewide Interoperability Coordinator may report data on any
cybersecurity risk or incident involving any information
system or network used by emergency response providers (as
defined in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101)) within the State.
(b) Analysis of Data.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Homeland
Security, acting through the Director of the National
Cybersecurity and Communications Integration Center, in
coordination with appropriate entities and the Director for
Emergency Communications, and in consultation with the
Secretary of Commerce, acting through the Director of the
National Institute of Standards and Technology, shall conduct
integration and analysis of the data reported under
subsection (a) to develop information and recommendations on
security and resilience measures for any information system
or network used by State emergency response providers.
(c) Best Practices.--
(1) In general.--Using the results of the integration and
analysis conducted under subsection (b), and any other
relevant information, the Director of the National Institute
of Standards and Technology shall, on an ongoing basis,
facilitate and support the development of methods for
reducing cybersecurity risks to emergency response providers
using the process described in section 2(e) of the National
Institute of Standards and Technology Act (15 U.S.C. 272(e)).
(2) Report.--The Director of the National Institute of
Standards and Technology shall submit to Congress a report on
the result of the activities of the Director under paragraph
(1), including any methods developed by the Director under
such paragraph, and shall make such report publicly available
on the website of the National Institute of Standards and
Technology.
(d) Rule of Construction.--Nothing in this section shall be
construed to--
(1) require a State to report data under subsection (a); or
(2) require a non-Federal entity (as defined in section
102) to--
(A) adopt a recommended measure developed under subsection
(b); or
(B) follow the result of the activities carried out under
subsection (c), including any methods developed under such
subsection.
SEC. 405. IMPROVING CYBERSECURITY IN THE HEALTH CARE
INDUSTRY.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Health, Education, Labor, and
Pensions, the Committee on Homeland Security and Governmental
Affairs, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Energy and Commerce, the Committee on
Homeland Security, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Business associate.--The term ``business associate''
has the meaning given such term in section 160.103 of title
45, Code of Federal Regulations (as in effect on the day
before the date of the enactment of this Act).
(3) Covered entity.--The term ``covered entity'' has the
meaning given such term in section 160.103 of title 45, Code
of Federal Regulations (as in effect on the day before the
date of the enactment of this Act).
(4) Cybersecurity threat; cyber threat indicator; defensive
measure; federal entity; non-federal entity; private
entity.--The terms ``cybersecurity threat'', ``cyber threat
indicator'', ``defensive measure'', ``Federal entity'',
``non-Federal entity'', and ``private entity'' have the
meanings given such terms in section 102 of this division.
(5) Health care clearinghouse; health care provider; health
plan.--The terms ``health care clearinghouse'', ``health care
provider'', and ``health plan'' have the meanings given such
terms in section 160.103 of title 45, Code of Federal
Regulations (as in effect on the day before the date of the
enactment of this Act).
(6) Health care industry stakeholder.--The term ``health
care industry stakeholder'' means any--
(A) health plan, health care clearinghouse, or health care
provider;
(B) advocate for patients or consumers;
(C) pharmacist;
(D) developer or vendor of health information technology;
(E) laboratory;
(F) pharmaceutical or medical device manufacturer; or
(G) additional stakeholder the Secretary determines
necessary for purposes of subsection (b)(1), (c)(1), (c)(3),
or (d)(1).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report on the preparedness of the
Department of Health and Human Services and health care
industry stakeholders in responding to cybersecurity threats.
(2) Contents of report.--With respect to the internal
response of the Department of Health and Human Services to
emerging cybersecurity threats, the report under paragraph
(1) shall include--
(A) a clear statement of the official within the Department
of Health and Human Services to be responsible for leading
and coordinating efforts of the Department regarding
cybersecurity threats in the health care industry; and
(B) a plan from each relevant operating division and
subdivision of the Department of Health and Human Services on
how such division or subdivision will address cybersecurity
threats in the health care industry, including a clear
delineation of how each such division or subdivision will
divide responsibility among the personnel of such division or
subdivision and communicate with other such divisions and
subdivisions regarding efforts to address such threats.
(c) Health Care Industry Cybersecurity Task Force.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary, in consultation
with the Director of the National Institute of Standards and
Technology and the Secretary of Homeland Security, shall
convene health care industry stakeholders, cybersecurity
experts, and any Federal agencies or entities the Secretary
determines appropriate to establish a task force to--
(A) analyze how industries, other than the health care
industry, have implemented strategies and safeguards for
addressing cybersecurity threats within their respective
industries;
(B) analyze challenges and barriers private entities
(excluding any State, tribal, or local government) in the
health care industry face securing themselves against cyber
attacks;
(C) review challenges that covered entities and business
associates face in securing networked medical devices and
other software or systems that connect to an electronic
health record;
(D) provide the Secretary with information to disseminate
to health care industry stakeholders of all sizes for
purposes of improving their preparedness for, and response
to, cybersecurity threats affecting the health care industry;
(E) establish a plan for implementing title I of this
division, so that the Federal Government and health care
industry stakeholders may in real time, share actionable
cyber threat indicators and defensive measures; and
(F) report to the appropriate congressional committees on
the findings and recommendations of the task force regarding
carrying out subparagraphs (A) through (E).
(2) Termination.--The task force established under this
subsection shall terminate on the date that is 1 year after
the date on which such task force is established.
(3) Dissemination.--Not later than 60 days after the
termination of the task force established under this
subsection, the Secretary shall disseminate the information
described in paragraph (1)(D) to health care industry
[[Page H9645]]
stakeholders in accordance with such paragraph.
(d) Aligning Health Care Industry Security Approaches.--
(1) In general.--The Secretary shall establish, through a
collaborative process with the Secretary of Homeland
Security, health care industry stakeholders, the Director of
the National Institute of Standards and Technology, and any
Federal entity or non-Federal entity the Secretary determines
appropriate, a common set of voluntary, consensus-based, and
industry-led guidelines, best practices, methodologies,
procedures, and processes that--
(A) serve as a resource for cost-effectively reducing
cybersecurity risks for a range of health care organizations;
(B) support voluntary adoption and implementation efforts
to improve safeguards to address cybersecurity threats;
(C) are consistent with--
(i) the standards, guidelines, best practices,
methodologies, procedures, and processes developed under
section 2(c)(15) of the National Institute of Standards and
Technology Act (15 U.S.C. 272(c)(15));
(ii) the security and privacy regulations promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note); and
(iii) the provisions of the Health Information Technology
for Economic and Clinical Health Act (title XIII of division
A, and title IV of division B, of Public Law 111-5), and the
amendments made by such Act; and
(D) are updated on a regular basis and applicable to a
range of health care organizations.
(2) Limitation.--Nothing in this subsection shall be
interpreted as granting the Secretary authority to--
(A) provide for audits to ensure that health care
organizations are in compliance with this subsection; or
(B) mandate, direct, or condition the award of any Federal
grant, contract, or purchase, on compliance with this
subsection.
(3) No liability for nonparticipation.--Nothing in this
section shall be construed to subject a health care industry
stakeholder to liability for choosing not to engage in the
voluntary activities authorized or guidelines developed under
this subsection.
(e) Incorporating Ongoing Activities.--In carrying out the
activities under this section, the Secretary may incorporate
activities that are ongoing as of the day before the date of
enactment of this Act and that are consistent with the
objectives of this section.
(f) Rule of Construction.--Nothing in this section shall be
construed to limit the antitrust exemption under section
104(e) or the protection from liability under section 106.
SEC. 406. FEDERAL COMPUTER SECURITY.
(a) Definitions.--In this section:
(1) Covered system.--The term ``covered system'' shall mean
a national security system as defined in section 11103 of
title 40, United States Code, or a Federal computer system
that provides access to personally identifiable information.
(2) Covered agency.--The term ``covered agency'' means an
agency that operates a covered system.
(3) Logical access control.--The term ``logical access
control'' means a process of granting or denying specific
requests to obtain and use information and related
information processing services.
(4) Multi-factor authentication.--The term ``multi-factor
authentication'' means the use of not fewer than 2
authentication factors, such as the following:
(A) Something that is known to the user, such as a password
or personal identification number.
(B) An access device that is provided to the user, such as
a cryptographic identification device or token.
(C) A unique biometric characteristic of the user.
(5) Privileged user.--The term ``privileged user'' means a
user who has access to system control, monitoring, or
administrative functions.
(b) Inspector General Reports on Covered Systems.--
(1) In general.--Not later than 240 days after the date of
enactment of this Act, the Inspector General of each covered
agency shall submit to the appropriate committees of
jurisdiction in the Senate and the House of Representatives a
report, which shall include information collected from the
covered agency for the contents described in paragraph (2)
regarding the Federal computer systems of the covered agency.
(2) Contents.--The report submitted by each Inspector
General of a covered agency under paragraph (1) shall
include, with respect to the covered agency, the following:
(A) A description of the logical access policies and
practices used by the covered agency to access a covered
system, including whether appropriate standards were
followed.
(B) A description and list of the logical access controls
and multi-factor authentication used by the covered agency to
govern access to covered systems by privileged users.
(C) If the covered agency does not use logical access
controls or multi-factor authentication to access a covered
system, a description of the reasons for not using such
logical access controls or multi-factor authentication.
(D) A description of the following information security
management practices used by the covered agency regarding
covered systems:
(i) The policies and procedures followed to conduct
inventories of the software present on the covered systems of
the covered agency and the licenses associated with such
software.
(ii) What capabilities the covered agency utilizes to
monitor and detect exfiltration and other threats,
including--
(I) data loss prevention capabilities;
(II) forensics and visibility capabilities; or
(III) digital rights management capabilities.
(iii) A description of how the covered agency is using the
capabilities described in clause (ii).
(iv) If the covered agency is not utilizing capabilities
described in clause (ii), a description of the reasons for
not utilizing such capabilities.
(E) A description of the policies and procedures of the
covered agency with respect to ensuring that entities,
including contractors, that provide services to the covered
agency are implementing the information security management
practices described in subparagraph (D).
(3) Existing review.--The reports required under this
subsection may be based in whole or in part on an audit,
evaluation, or report relating to programs or practices of
the covered agency, and may be submitted as part of another
report, including the report required under section 3555 of
title 44, United States Code.
(4) Classified information.--Reports submitted under this
subsection shall be in unclassified form, but may include a
classified annex.
SEC. 407. STOPPING THE FRAUDULENT SALE OF FINANCIAL
INFORMATION OF PEOPLE OF THE UNITED STATES.
Section 1029(h) of title 18, United States Code, is amended
by striking ``title if--'' and all that follows through
``therefrom.'' and inserting ``title if the offense involves
an access device issued, owned, managed, or controlled by a
financial institution, account issuer, credit card system
member, or other entity organized under the laws of the
United States, or any State, the District of Columbia, or
other territory of the United States.''.
DIVISION O--OTHER MATTERS
SEC. 1. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 1. Table of contents.
TITLE I--OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY
Sec. 101. Oil Exports, Safety Valve, and Maritime Security.
TITLE II--TERRORIST TRAVEL PREVENTION AND VISA WAIVER PROGRAM REFORM
Sec. 201. Short title.
Sec. 202. Electronic passport requirement.
Sec. 203. Restriction on use of visa waiver program for aliens who
travel to certain countries.
Sec. 204. Designation requirements for program countries.
Sec. 205. Reporting requirements.
Sec. 206. High risk program countries.
Sec. 207. Enhancements to the electronic system for travel
authorization.
Sec. 208. Provision of assistance to non-program countries.
Sec. 209. Clerical amendments.
Sec. 210. Sense of Congress.
TITLE III--JAMES ZADROGA 9/11 HEALTH AND COMPENSATION REAUTHORIZATION
ACT
Sec. 301. Short title.
Sec. 302. Reauthorizing the World Trade Center Health Program.
TITLE IV--JAMES ZADROGA 9/11 VICTIM COMPENSATION FUND REAUTHORIZATION
Sec. 401. Short title.
Sec. 402. Reauthorizing the September 11th Victim Compensation Fund of
2001.
Sec. 403. Amendment to exempt programs.
Sec. 404. Compensation for United States Victims of State Sponsored
Terrorism Act.
Sec. 405. Budgetary provisions.
TITLE V--MEDICARE AND MEDICAID PROVISIONS
Sec. 501. Medicare Improvement Fund.
Sec. 502. Medicare payment incentive for the transition from
traditional x-ray imaging to digital radiography and
other Medicare imaging payment provision.
Sec. 503. Limiting Federal Medicaid reimbursement to States for durable
medical equipment (DME) to Medicare payment rates.
Sec. 504. Treatment of disposable devices.
TITLE VI--PUERTO RICO
Sec. 601. Modification of Medicare inpatient hospital payment rate for
Puerto Rico hospitals.
Sec. 602. Application of Medicare HITECH payments to hospitals in
Puerto Rico.
TITLE VII--FINANCIAL SERVICES
Sec. 701. Table of contents.
Sec. 702. Limitations on sale of preferred stock.
[[Page H9646]]
Sec. 703. Confidentiality of information shared between State and
Federal financial services regulators.
Sec. 704. Application of FACA.
Sec. 705. Treatment of affiliate transactions.
Sec. 706. Ensuring the protection of insurance policyholders.
Sec. 707. Limitation on SEC funds.
Sec. 708. Elimination of reporting requirement.
Sec. 709. Extension of Hardest Hit Fund; Termination of Home Affordable
Modification Program.
TITLE VIII--LAND AND WATER CONSERVATION FUND
Sec. 801. Land and Water Conservation Fund.
TITLE IX--NATIONAL OCEANS AND COASTAL SECURITY
Sec. 901. Short title.
Sec. 902. Definitions.
Sec. 903. Purposes and agreements.
Sec. 904. National Oceans and Coastal Security Fund.
Sec. 905. Eligible uses.
Sec. 906. Grants.
Sec. 907. Annual report.
Sec. 908. Funding.
TITLE X--BUDGETARY PROVISIONS
Sec. 1001. Budgetary effects.
Sec. 1002. Authority to make adjustment in FY 2016 allocation.
Sec. 1003. Estimates.
TITLE XI--IRAQ LOAN AUTHORITY
Sec. 1101. Iraq loan authority.
TITLE I--OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY
SEC. 101. OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY.
(a) Repeal.--Section 103 of the Energy Policy and
Conservation Act (42 U.S.C. 6212) and the item relating
thereto in the table of contents of that Act are repealed.
(b) National Policy on Oil Export Restriction.--
Notwithstanding any other provision of law, except as
provided in subsections (c) and (d), to promote the efficient
exploration, production, storage, supply, marketing, pricing,
and regulation of energy resources, including fossil fuels,
no official of the Federal Government shall impose or enforce
any restriction on the export of crude oil.
(c) Savings Clause.--Nothing in this section limits the
authority of the President under the Constitution, the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) or regulations issued under that Act (other than
section 754.2 of title 15, Code of Federal Regulations), the
National Emergencies Act (50 U.S.C. 1601 et seq.), part B of
title II of the Energy Policy and Conservation Act (42 U.S.C.
6271 et seq.), the Trading With the Enemy Act (50 U.S.C. App.
1 et seq.), or any other provision of law that imposes
sanctions on a foreign person or foreign government
(including any provision of law that prohibits or restricts
United States persons from engaging in a transaction with a
sanctioned person or government), including a foreign
government that is designated as a state sponsor of
terrorism, to prohibit exports.
(d) Exceptions and Presidential Authority.--
(1) In general.--The President may impose export licensing
requirements or other restrictions on the export of crude oil
from the United States for a period of not more than 1 year,
if--
(A) the President declares a national emergency and
formally notices the declaration of a national emergency in
the Federal Register;
(B) the export licensing requirements or other restrictions
on the export of crude oil from the United States under this
subsection apply to 1 or more countries, persons, or
organizations in the context of sanctions or trade
restrictions imposed by the United States for reasons of
national security by the Executive authority of the President
or by Congress; or
(C) the Secretary of Commerce, in consultation with the
Secretary of Energy, finds and reports to the President
that--
(i) the export of crude oil pursuant to this Act has caused
sustained material oil supply shortages or sustained oil
prices significantly above world market levels that are
directly attributable to the export of crude oil produced in
the United States; and
(ii) those supply shortages or price increases have caused
or are likely to cause sustained material adverse employment
effects in the United States.
(2) Renewal.--Any requirement or restriction imposed
pursuant to subparagraph (A) of paragraph (1) may be renewed
for 1 or more additional periods of not more than 1 year
each.
(e) National Defense Sealift Enhancement.--
(1) Payments.--Section 53106(a)(1) of title 46, United
States Code, is amended--
(A) in subparagraph (B), by striking the comma before ``for
each'';
(B) in subparagraph (C), by striking ``2015, 2016, 2017,
and 2018;'' and inserting ``and 2015;'';
(C) by redesignating subparagraph (E) as subparagraph (G);
and
(D) by striking subparagraph (D) and inserting the
following:
``(D) $4,999,950 for fiscal year 2017;
``(E) $5,000,000 for each of fiscal years 2018, 2019, and
2020;
``(F) $5,233,463 for fiscal year 2021; and''.
(2) Authorization of appropriations.--Section 53111 of
title 46, United States Code, is amended--
(A) in paragraph (3), by striking ``2015, 2017, and 2018;''
and inserting ``and 2015'';
(B) by redesignating paragraph (5) as paragraph (7); and
(C) by striking paragraph (4) and inserting the following:
``(4) $299,997,000 for fiscal year 2017;
``(5) $300,000,000 for each of fiscal years 2018, 2019, and
2020;
``(6) $314,007,780 for fiscal year 2021; and''.
TITLE II--TERRORIST TRAVEL PREVENTION AND VISA WAIVER PROGRAM REFORM
SECTION 201. SHORT TITLE.
This title may be cited as the ``Visa Waiver Program
Improvement and Terrorist Travel Prevention Act of 2015''.
SEC. 202. ELECTRONIC PASSPORT REQUIREMENT.
(a) Requirement for Alien to Possess Electronic Passport.--
Section 217(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1187(a)(3)) is amended to read as follows:
``(3) Passport requirements.--The alien, at the time of
application for admission, is in possession of a valid
unexpired passport that satisfies the following:
``(A) Machine readable.--The passport is a machine-readable
passport that is tamper-resistant, incorporates document
authentication identifiers, and otherwise satisfies the
internationally accepted standard for machine readability.
``(B) Electronic.--Beginning on April 1, 2016, the passport
is an electronic passport that is fraud-resistant, contains
relevant biographic and biometric information (as determined
by the Secretary of Homeland Security), and otherwise
satisfies internationally accepted standards for electronic
passports.''.
(b) Requirement for Program Country to Validate
Passports.--Section 217(c)(2)(B) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(2)(B)) is amended to read
as follows:
``(B) Passport program.--
``(i) Issuance of passports.--The government of the country
certifies that it issues to its citizens passports described
in subparagraph (A) of subsection (a)(3), and on or after
April 1, 2016, passports described in subparagraph (B) of
subsection (a)(3).
``(ii) Validation of passports.--Not later than October 1,
2016, the government of the country certifies that it has in
place mechanisms to validate passports described in
subparagraphs (A) and (B) of subsection (a)(3) at each key
port of entry into that country. This requirement shall not
apply to travel between countries which fall within the
Schengen Zone.''.
(c) Conforming Amendment.--Section 303(c) of the Enhanced
Border Security and Visa Entry Reform Act of 2002 is repealed
(8 U.S.C. 1732(c)).
SEC. 203. RESTRICTION ON USE OF VISA WAIVER PROGRAM FOR
ALIENS WHO TRAVEL TO CERTAIN COUNTRIES.
Section 217(a) of the Immigration and Nationality Act (8
U.S.C. 1187(a)), as amended by this Act, is further amended
by adding at the end the following:
``(12) Not present in iraq, syria, or any other country or
area of concern.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C)--
``(i) the alien has not been present, at any time on or
after March 1, 2011--
``(I) in Iraq or Syria;
``(II) in a country that is designated by the Secretary of
State under section 6(j) of the Export Administration Act of
1979 (50 U.S.C. 2405) (as continued in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.)), section 40 of the Arms Export Control Act (22
U.S.C. 2780), section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371), or any other provision of law, as a
country, the government of which has repeatedly provided
support of acts of international terrorism; or
``(III) in any other country or area of concern designated
by the Secretary of Homeland Security under subparagraph (D);
and
``(ii) regardless of whether the alien is a national of a
program country, the alien is not a national of--
``(I) Iraq or Syria;
``(II) a country that is designated, at the time the alien
applies for admission, by the Secretary of State under
section 6(j) of the Export Administration Act of 1979 (50
U.S.C. 2405) (as continued in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)),
section 40 of the Arms Export Control Act (22 U.S.C. 2780),
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371), or any other provision of law, as a country, the
government of which has repeatedly provided support of acts
of international terrorism; or
``(III) any other country that is designated, at the time
the alien applies for admission, by the Secretary of Homeland
Security under subparagraph (D).
``(B) Certain military personnel and government
employees.--Subparagraph (A)(i) shall not apply in the case
of an alien if the Secretary of Homeland Security determines
that the alien was present--
``(i) in order to perform military service in the armed
forces of a program country; or
``(ii) in order to carry out official duties as a full time
employee of the government of a program country.
[[Page H9647]]
``(C) Waiver.--The Secretary of Homeland Security may waive
the application of subparagraph (A) to an alien if the
Secretary determines that such a waiver is in the law
enforcement or national security interests of the United
States.
``(D) Countries or areas of concern.--
``(i) In general.--Not later than 60 days after the date of
the enactment of this paragraph, the Secretary of Homeland
Security, in consultation with the Secretary of State and the
Director of National Intelligence, shall determine whether
the requirement under subparagraph (A) shall apply to any
other country or area.
``(ii) Criteria.--In making a determination under clause
(i), the Secretary shall consider--
``(I) whether the presence of an alien in the country or
area increases the likelihood that the alien is a credible
threat to the national security of the United States;
``(II) whether a foreign terrorist organization has a
significant presence in the country or area; and
``(III) whether the country or area is a safe haven for
terrorists.
``(iii) Annual review.--The Secretary shall conduct a
review, on an annual basis, of any determination made under
clause (i).
``(E) Report.--Beginning not later than one year after the
date of the enactment of this paragraph, and annually
thereafter, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on the Judiciary of the House
of Representatives, and the Committee on Homeland Security
and Governmental Affairs, the Committee on Foreign Relations,
the Select Committee on Intelligence, and the Committee on
the Judiciary of the Senate a report on each instance in
which the Secretary exercised the waiver authority under
subparagraph (C) during the previous year.''.
SEC. 204. DESIGNATION REQUIREMENTS FOR PROGRAM COUNTRIES.
(a) Reporting Lost and Stolen Passports.--Section
217(c)(2)(D) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(D)), as amended by this Act, is further amended by
striking ``within a strict time limit'' and inserting ``not
later than 24 hours after becoming aware of the theft or
loss''.
(b) Interpol Screening.--Section 217(c)(2) of the
Immigration and Nationality Act (8 U.S.C. 1187(c)(2)), as
amended by this Act, is further amended by adding at the end
the following:
``(G) Interpol screening.--Not later than 270 days after
the date of the enactment of this subparagraph, except in the
case of a country in which there is not an international
airport, the government of the country certifies to the
Secretary of Homeland Security that, to the maximum extent
allowed under the laws of the country, it is screening, for
unlawful activity, each person who is not a citizen or
national of that country who is admitted to or departs that
country, by using relevant databases and notices maintained
by Interpol, or other means designated by the Secretary of
Homeland Security. This requirement shall not apply to travel
between countries which fall within the Schengen Zone.''.
(c) Implementation of Passenger Information Exchange
Agreement.--Section 217(c)(2)(F) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(2)(F)), as amended by this
Act, is further amended by inserting before the period at the
end the following: ``, and fully implements such agreement''.
(d) Termination of Designation.--Section 217(f) of the
Immigration and Nationality Act (8 U.S.C. 1187(f)) is amended
by adding at the end the following:
``(6) Failure to share information.--
``(A) In general.--If the Secretary of Homeland Security
and the Secretary of State jointly determine that the program
country is not sharing information, as required by subsection
(c)(2)(F), the Secretary of Homeland Security shall terminate
the designation of the country as a program country.
``(B) Redesignation.--In the case of a termination under
this paragraph, the Secretary of Homeland Security shall
redesignate the country as a program country, without regard
to paragraph (2) or (3) of subsection (c) or paragraphs (1)
through (4), when the Secretary of Homeland Security, in
consultation with the Secretary of State, determines that the
country is sharing information, as required by subsection
(c)(2)(F).
``(7) Failure to screen.--
``(A) In general.--Beginning on the date that is 270 days
after the date of the enactment of this paragraph, if the
Secretary of Homeland Security and the Secretary of State
jointly determine that the program country is not conducting
the screening required by subsection (c)(2)(G), the Secretary
of Homeland Security shall terminate the designation of the
country as a program country.
``(B) Redesignation.--In the case of a termination under
this paragraph, the Secretary of Homeland Security shall
redesignate the country as a program country, without regard
to paragraph (2) or (3) of subsection (c) or paragraphs (1)
through (4), when the Secretary of Homeland Security, in
consultation with the Secretary of State, determines that the
country is conducting the screening required by subsection
(c)(2)(G).''.
SEC. 205. REPORTING REQUIREMENTS.
(a) In General.--Section 217(c) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)), as amended by this Act,
is further amended--
(1) in paragraph (2)(C)(iii)--
(A) by striking ``and the Committee on International
Relations'' and inserting ``, the Committee on Foreign
Affairs, and the Committee on Homeland Security''; and
(B) by striking ``and the Committee on Foreign Relations''
and inserting ``, the Committee on Foreign Relations, and the
Committee on Homeland Security and Governmental Affairs'';
and
(2) in paragraph (5)(A)(i)--
(A) in subclause (III)--
(i) by inserting after ``the Committee on Foreign
Affairs,'' the following: ``the Permanent Select Committee on
Intelligence,'';
(ii) by inserting after ``the Committee on Foreign
Relations,'' the following: ``the Select Committee on
Intelligence''; and
(iii) by striking ``and'' at the end;
(B) in subclause (IV), by striking the period at the end
and inserting the following: ``; and''; and
(C) by adding at the end the following:
``(V) shall submit to the committees described in subclause
(III), a report that includes an assessment of the threat to
the national security of the United States of the designation
of each country designated as a program country, including
the compliance of the government of each such country with
the requirements under subparagraphs (D) and (F) of paragraph
(2), as well as each such government's capacity to comply
with such requirements.''.
(b) Date of Submission of First Report.--The Secretary of
Homeland Security shall submit the first report described in
subclause (V) of section 217(c)(5)(A)(i) of the Immigration
and Nationality Act (8 U.S.C. (c)(5)(A)(i)), as added by
subsection (a), not later than 90 days after the date of the
enactment of this Act.
SEC. 206. HIGH RISK PROGRAM COUNTRIES.
Section 217(c) of the Immigration and Nationality Act (8
U.S.C. 1187(c)), as amended by this Act, is further amended
by adding at the end the following:
``(12) Designation of high risk program countries.--
``(A) In general.--The Secretary of Homeland Security, in
consultation with the Director of National Intelligence and
the Secretary of State, shall evaluate program countries on
an annual basis based on the criteria described in
subparagraph (B) and shall identify any program country, the
admission of nationals from which under the visa waiver
program under this section, the Secretary determines presents
a high risk to the national security of the United States.
``(B) Criteria.--In evaluating program countries under
subparagraph (A), the Secretary of Homeland Security, in
consultation with the Director of National Intelligence and
the Secretary of State, shall consider the following
criteria:
``(i) The number of nationals of the country determined to
be ineligible to travel to the United States under the
program during the previous year.
``(ii) The number of nationals of the country who were
identified in United States Government databases related to
the identities of known or suspected terrorists during the
previous year.
``(iii) The estimated number of nationals of the country
who have traveled to Iraq or Syria at any time on or after
March 1, 2011 to engage in terrorism.
``(iv) The capacity of the country to combat passport
fraud.
``(v) The level of cooperation of the country with the
counter-terrorism efforts of the United States.
``(vi) The adequacy of the border and immigration control
of the country.
``(vii) Any other criteria the Secretary of Homeland
Security determines to be appropriate.
``(C) Suspension of designation.--The Secretary of Homeland
Security, in consultation with the Secretary of State, may
suspend the designation of a program country based on a
determination that the country presents a high risk to the
national security of the United States under subparagraph (A)
until such time as the Secretary determines that the country
no longer presents such a risk.
``(D) Report.--Not later than 60 days after the date of the
enactment of this paragraph, and annually thereafter, the
Secretary of Homeland Security, in consultation with the
Director of National Intelligence and the Secretary of State,
shall submit to the Committee on Homeland Security, the
Committee on Foreign Affairs, the Permanent Select Committee
on Intelligence, and the Committee on the Judiciary of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs, the Committee on Foreign
Relations, the Select Committee on Intelligence, and the
Committee on the Judiciary of the Senate a report, which
includes an evaluation and threat assessment of each country
determined to present a high risk to the national security of
the United States under subparagraph (A).''.
SEC. 207. ENHANCEMENTS TO THE ELECTRONIC SYSTEM FOR TRAVEL
AUTHORIZATION.
(a) In General.--Section 217(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1187(h)(3)) is amended--
[[Page H9648]]
(1) in subparagraph (C)(i), by inserting after ``any such
determination'' the following: ``or shorten the period of
eligibility under any such determination'';
(2) by striking subparagraph (D) and inserting the
following:
``(D) Fraud detection.--The Secretary of Homeland Security
shall research opportunities to incorporate into the System
technology that will detect and prevent fraud and deception
in the System.
``(E) Additional and previous countries of citizenship.--
The Secretary of Homeland Security shall collect from an
applicant for admission pursuant to this section information
on any additional or previous countries of citizenship of
that applicant. The Secretary shall take any information so
collected into account when making determinations as to the
eligibility of the alien for admission pursuant to this
section.
``(F) Report on certain limitations on travel.--Not later
than 30 days after the date of the enactment of this
subparagraph and annually thereafter, the Secretary of
Homeland Security, in consultation with the Secretary of
State, shall submit to the Committee on Homeland Security,
the Committee on the Judiciary, and the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs, the Committee on
the Judiciary, and the Committee on Foreign Relations of the
Senate a report on the number of individuals who were denied
eligibility to travel under the program, or whose eligibility
for such travel was revoked during the previous year, and the
number of such individuals determined, in accordance with
subsection (a)(6), to represent a threat to the national
security of the United States, and shall include the country
or countries of citizenship of each such individual.''.
(b) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of State, shall submit to the
Committee on Homeland Security, the Committee on the
Judiciary, and the Committee on Foreign Affairs of the House
of Representatives, and the Committee on Homeland Security
and Governmental Affairs, the Committee on the Judiciary, and
the Committee on Foreign Relations of the Senate a report on
steps to strengthen the electronic system for travel
authorization authorized under section 217(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1187(h)(3))) in
order to better secure the international borders of the
United States and prevent terrorists and instruments of
terrorism from entering the United States.
SEC. 208. PROVISION OF ASSISTANCE TO NON-PROGRAM COUNTRIES.
The Secretary of Homeland Security, in consultation with
the Secretary of State, shall provide assistance in a risk-
based manner to countries that do not participate in the visa
waiver program under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) to assist those countries
in--
(1) submitting to Interpol information about the theft or
loss of passports of citizens or nationals of such a country;
and
(2) issuing, and validating at the ports of entry of such a
country, electronic passports that are fraud-resistant,
contain relevant biographic and biometric information (as
determined by the Secretary of Homeland Security), and
otherwise satisfy internationally accepted standards for
electronic passports.
SEC. 209. CLERICAL AMENDMENTS.
(a) Secretary of Homeland Security.--Section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), as amended
by this Act, is further amended by striking ``Attorney
General'' each place such term appears (except in subsection
(c)(11)(B)) and inserting ``Secretary of Homeland Security''.
(b) Electronic System for Travel Authorization.--Section
217 of the Immigration and Nationality Act (8 U.S.C. 1187),
as amended this Act, is further amended--
(1) by striking ``electronic travel authorization system''
each place it appears and inserting ``electronic system for
travel authorization'';
(2) in the heading in subsection (a)(11), by striking
``electronic travel authorization system'' and inserting
``electronic system for travel authorization''; and
(3) in the heading in subsection (h)(3), by striking
``electronic travel authorization system'' and inserting
``electronic system for travel authorization''.
SEC. 210. SENSE OF CONGRESS.
It is the sense of Congress that the International Civil
Aviation Organization, the specialized agency of the United
Nations responsible for establishing international standards,
specifications, and best practices related to the
administration and governance of border controls and
inspection formalities, should establish standards for the
introduction of electronic passports (referred to in this
section as ``e-passports''), and obligate member countries to
utilize such e-passports as soon as possible. Such e-
passports should be a combined paper and electronic passport
that contains biographic and biometric information that can
be used to authenticate the identity of travelers through an
embedded chip.
TITLE III--JAMES ZADROGA 9/11 HEALTH AND COMPENSATION REAUTHORIZATION
ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``James Zadroga 9/11 Health
and Compensation Reauthorization Act''.
SEC. 302. REAUTHORIZING THE WORLD TRADE CENTER HEALTH
PROGRAM.
(a) World Trade Center Health Program Fund.--Section 3351
of the Public Health Service Act (42 U.S.C. 300mm-61) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``each of fiscal years 2012'' and all that follows through
``2011)'' and inserting ``fiscal year 2016 and each
subsequent fiscal year through fiscal year 2090''; and
(ii) by striking subparagraph (A) and inserting the
following:
``(A) the Federal share, consisting of an amount equal to--
``(i) for fiscal year 2016, $330,000,000;
``(ii) for fiscal year 2017, $345,610,000;
``(iii) for fiscal year 2018, $380,000,000;
``(iv) for fiscal year 2019, $440,000,000;
``(v) for fiscal year 2020, $485,000,000;
``(vi) for fiscal year 2021, $501,000,000;
``(vii) for fiscal year 2022, $518,000,000;
``(viii) for fiscal year 2023, $535,000,000;
``(ix) for fiscal year 2024, $552,000,000;
``(x) for fiscal year 2025, $570,000,000; and
``(xi) for each subsequent fiscal year through fiscal year
2090, the amount specified under this subparagraph for the
previous fiscal year increased by the percentage increase in
the consumer price index for all urban consumers (all items;
United States city average) as estimated by the Secretary for
the 12-month period ending with March of the previous year;
plus''; and
(B) by striking paragraph (4) and inserting the following:
``(4) Amounts from prior fiscal years.--Amounts that were
deposited, or identified for deposit, into the Fund for any
fiscal year under paragraph (2), as such paragraph was in
effect on the day before the date of enactment of the James
Zadroga 9/11 Health and Compensation Reauthorization Act,
that were not expended in carrying out this title for any
such fiscal year, shall remain deposited, or be deposited, as
the case may be, into the Fund.
``(5) Amounts to remain available until expended.--Amounts
deposited into the Fund under this subsection, including
amounts deposited under paragraph (2) as in effect on the day
before the date of enactment of the James Zadroga 9/11 Health
and Compensation Reauthorization Act, for a fiscal year shall
remain available, for the purposes described in this title,
until expended for such fiscal year and any subsequent fiscal
year through fiscal year 2090.'';
(2) in subsection (b)(1), by striking ``sections 3302(a)''
and all that follows through ``3342'' and inserting
``sections 3301(e), 3301(f), 3302(a), 3302(b), 3303, 3304,
3305(a)(1), 3305(a)(2), 3305(c), 3341, and 3342''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B);
and
(iii) by amending subparagraph (A) to read as follows:
``(A) for fiscal year 2016, the amount determined for such
fiscal year under subparagraph (C) as in effect on the day
before the date of enactment of the James Zadroga 9/11 Health
and Compensation Reauthorization Act; and'';
(B) in paragraph (2)--
(i) by amending subparagraph (A) to read as follows:
``(A) for fiscal year 2016, $200,000;'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as subparagraph
(B);
(C) in paragraph (3), by striking ``section 3303'' and all
that follows and inserting ``section 3303, for fiscal year
2016 and each subsequent fiscal year, $750,000.'';
(D) in paragraph (4), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) for fiscal year 2016, the amount determined for such
fiscal year under subparagraph (C) as in effect on the day
before the date of enactment of the James Zadroga 9/11 Health
and Compensation Reauthorization Act;
``(B) for fiscal year 2017, $15,000,000; and'';
(E) in paragraph (5)--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B);
and
(iii) by amending subparagraph (A) to read as follows:
``(A) for fiscal year 2016, the amount determined for such
fiscal year under subparagraph (C) as in effect on the day
before the date of enactment of the James Zadroga 9/11 Health
and Compensation Reauthorization Act; and''; and
(F) in paragraph (6)--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B);
and
(iii) by amending subparagraph (A) to read as follows:
``(A) for fiscal year 2016, the amount determined for such
fiscal year under subparagraph (C) as in effect on the day
before the date of enactment of the James Zadroga 9/11 Health
and Compensation Reauthorization Act; and''.
(b) GAO Studies; Regulations; Termination.--Section 3301 of
the Public Health Service Act (42 U.S.C. 300mm) is amended by
adding at the end the following:
``(i) GAO Studies.--
[[Page H9649]]
``(1) Report.--Not later than 18 months after the date of
the enactment of the James Zadroga 9/11 Health and
Compensation Reauthorization Act, the Comptroller General of
the United States shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a report
that assesses, with respect to the WTC Program, the
effectiveness of each of the following:
``(A) The quality assurance program developed and
implemented under subsection (e).
``(B) The procedures for providing certifications of
coverage of conditions as WTC-related health conditions for
enrolled WTC responders under section 3312(b)(2)(B)(iii) and
for screening-eligible WTC survivors and certified-eligible
WTC survivors under such section as applied under section
3322(a).
``(C) Any action under the WTC Program to ensure
appropriate payment (including the avoidance of improper
payments), including determining the extent to which
individuals enrolled in the WTC Program are eligible for
workers compensation or sources of health coverage,
ascertaining the liability of such compensation or sources of
health coverage, and making recommendations for ensuring
effective and efficient coordination of benefits for
individuals enrolled in the WTC Program that does not place
an undue burden on such individuals.
``(2) Subsequent assessments.--Not later than 6 years and 6
months after the date of enactment of the James Zadroga 9/11
Health and Compensation Reauthorization Act, and every 5
years thereafter through fiscal year 2042, the Comptroller
General of the United States shall--
``(A) consult the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate on the
objectives in assessing the WTC Program; and
``(B) prepare and submit to such Committees a report that
assesses the WTC Program for the applicable reporting period,
including the objectives described in subparagraph (A).
``(j) Regulations.--The WTC Program Administrator is
authorized to promulgate such regulations as the
Administrator determines necessary to administer this title.
``(k) Termination.--The WTC Program shall terminate on
October 1, 2090.''.
(c) Clinical Centers of Excellence and Data Centers.--
Section 3305 of the Public Health Service Act (42 U.S.C.
300mm-4) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by inserting ``and retention''
after ``outreach''; and
(B) in paragraph (2)(A)(iii), by inserting ``and
retention'' after ``outreach''; and
(2) in subsection (b)(1)(B)(vi), by striking ``section
3304(c)'' and inserting ``section 3304(d)''.
(d) World Trade Center Responders.--Section
3311(a)(4)(B)(i)(II) of the Public Health Service Act (42
U.S.C. 300mm-21(a)(4)(B)(i)(II)) is amended by striking
``through the end of fiscal year 2020''.
(e) Additions to List of Health Conditions for WTC
Responders.--
(1) Expanding time for actions by administrator and by
advisory committee.--Section 3312(a)(6) of the Public Health
Service Act (42 U.S.C. 300mm-22(a)(6)) is amended--
(A) in subparagraph (B), in the matter preceding clause
(i), by striking ``60 days'' and inserting ``90 days''; and
(B) in subparagraph (C), by striking ``60 days'' each place
such term appears and inserting ``90 days''.
(2) Peer review for decisions; enhanced role of advisory
committee.--Section 3312(a)(6) of the Public Health Service
Act (42 U.S.C. 300mm-22(a)(6)), as amended by paragraph (1),
is further amended by adding at the end the following:
``(F) Independent peer reviews.--Prior to issuing a final
rule to add a health condition to the list in paragraph (3),
the WTC Program Administrator shall provide for an
independent peer review of the scientific and technical
evidence that would be the basis for issuing such final rule.
``(G) Additional advisory committee recommendations.--
``(i) Program policies.--
``(I) Existing policies.--Not later than 1 year after the
date of enactment of the James Zadroga 9/11 Health and
Compensation Reauthorization Act, the WTC Program
Administrator shall request the Advisory Committee to review
and evaluate the policies and procedures, in effect at the
time of the review and evaluation, that are used to determine
whether sufficient evidence exists to support adding a health
condition to the list in paragraph (3).
``(II) Subsequent policies.--Prior to establishing any
substantive new policy or procedure used to make the
determination described in subclause (I) or prior to making
any substantive amendment to any policy or procedure
described in such subclause, the WTC Program Administrator
shall request the Advisory Committee to review and evaluate
such substantive policy, procedure, or amendment.
``(ii) Identification of individuals conducting independent
peer reviews.--Not later than 1 year after the date of
enactment of the James Zadroga 9/11 Health and Compensation
Reauthorization Act and not less than every 2 years
thereafter, the WTC Program Administrator shall seek
recommendations from the Advisory Committee regarding the
identification of individuals to conduct the independent peer
reviews under subparagraph (F).''.
(f) World Trade Center Survivors.--Section
3321(a)(3)(B)(i)(II) of the Public Health Service Act (42
U.S.C. 300mm-31(a)(3)(B)(i)(II)) is amended by striking
``through the end of fiscal year 2020''.
(g) Payment of Claims.--Section 3331(d)(1)(B) of the Public
Health Service Act (42 U.S.C. 300mm-41(d)(1)(B)) is amended--
(1) by striking ``the last calendar quarter'' and all that
follows through ``2015'' and inserting ``each calendar
quarter of fiscal year 2016 and of each subsequent fiscal
year through fiscal year 2090,''; and
(2) by striking ``and with respect to calendar quarters in
fiscal year 2016'' and all that follows and inserting a
period.
(h) World Trade Center Health Registry.--Section 3342 of
the Public Health Service Act (42 U.S.C. 300mm-52) is amended
by striking ``April 20, 2009'' and inserting ``January 1,
2015''.
TITLE IV--JAMES ZADROGA 9/11 VICTIM COMPENSATION FUND REAUTHORIZATION
SEC. 401. SHORT TITLE.
This title may be cited as the ``James Zadroga 9/11 Victim
Compensation Fund Reauthorization Act''.
SEC. 402. REAUTHORIZING THE SEPTEMBER 11TH VICTIM
COMPENSATION FUND OF 2001.
(a) Definitions.--Section 402 of the Air Transportation
Safety and System Stabilization Act (49 U.S.C. 40101 note) is
amended--
(1) in paragraph (9)--
(A) by striking ``medical expense loss,''; and
(B) by striking ``and loss of business or employment
opportunities'' and inserting ``loss of business or
employment opportunities, and past out-of-pocket medical
expense loss but not future medical expense loss'';
(2) by redesignating paragraph (14) as paragraph (16);
(3) by inserting after paragraph (13), the following:
``(14) WTC program administrator.--The term `WTC Program
Administrator' has the meaning given such term in section
3306 of the Public Health Service Act (42 U.S.C. 300mm-5).
``(15) WTC-related physical health condition.--The term
`WTC-related physical health condition'--
``(A) means, subject to subparagraph (B), a WTC-related
health condition as defined by section 3312(a) of the Public
Health Service Act (42 U.S.C. 300mm-22(a)), including the
conditions listed in section 3322(b) of such Act (42 U.S.C.
300mm-32(b)); and
``(B) does not include--
``(i) a mental health condition described in paragraph
(1)(A)(ii) or (3)(B) of section 3312(a) of such Act (42
U.S.C. 300mm-22(a));
``(ii) any mental health condition certified under section
3312(b)(2)(B)(iii) of such Act (42 U.S.C. 300mm-
22(b)(2)(B)(iii)) (including such certification as applied
under section 3322(a) of such Act (42 U.S.C. 300mm-32(a));
``(iii) a mental health condition described in section
3322(b)(2) of such Act (42 U.S.C. 300mm-32(b)(2)); or
``(iv) any other mental health condition.''; and
(4) in paragraph (16), as redesignated by paragraph (2), by
striking subparagraph (C) and inserting the following:
``(C) the area in Manhattan that is south of the line that
runs along Canal Street from the Hudson River to the
intersection of Canal Street and East Broadway, north on East
Broadway to Clinton Street, and east on Clinton Street to the
East River;''.
(b) Purpose.--Section 403 of the Air Transportation Safety
and System Stabilization Act (49 U.S.C. 40101 note) is
amended--
(1) by inserting ``full'' before ``compensation''; and
(2) by inserting ``, or the rescue and recovery efforts
during the immediate aftermath of such crashes'' before the
period.
(c) Eligibility Requirements for Filing Claims.--Section
405 of the Air Transportation Safety and System Stabilization
Act (49 U.S.C. 40101 note) is amended--
(1) in subsection (a)(3)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) Exception.--A claim may be filed under paragraph (1),
in accordance with subsection (c)(3)(A)(i), by an individual
(or by a personal representative on behalf of a deceased
individual) during the period beginning on the date on which
the regulations are updated under section 407(b)(1) and
ending on the date that is 5 years after the date of
enactment of the James Zadroga 9/11 Victim Compensation Fund
Reauthorization Act.
``(C) Special master determination.--
``(i) In general.--For claims filed under this title during
the period described in subparagraph (B), the Special Master
shall establish a system for determining whether, for
purposes of this title, the claim is--
``(I) a claim in Group A, as described in clause (ii); or
``(II) a claim in Group B, as described in clause (iii).
``(ii) Group a claims.--A claim under this title is a claim
in Group A if--
``(I) the claim is filed under this title during the period
described in subparagraph (B); and
``(II) on or before the day before the date of enactment of
the James Zadroga 9/11 Victim Compensation Fund
Reauthorization Act, the Special Master postmarks and
transmits a final award determination to the claimant filing
such claim.
``(iii) Group b claims.--A claim under this title is a
claim in Group B if the claim--
[[Page H9650]]
``(I) is filed under this title during the period described
in subparagraph (B); and
``(II) is not a claim described in clause (ii).
``(iv) Definition of final award determination.--For
purposes of this subparagraph, the term `final award
determination' means a letter from the Special Master
indicating the total amount of compensation to which a
claimant is entitled for a claim under this title without
regard to the limitation under the second sentence of section
406(d)(1), as such section was in effect on the day before
the date of enactment of the James Zadroga 9/11 Victim
Compensation Fund Reauthorization Act.'';
(2) in subsection (b)--
(A) in paragraph (1)(B)(ii), by inserting ``subject to
paragraph (7),'' before ``the amount'';
(B) in paragraph (6)--
(i) by striking ``The Special Master'' and inserting the
following:
``(A) In general.--The Special Master''; and
(ii) by adding at the end the following:
``(B) Group b claims.--Notwithstanding any other provision
of this title, in the case of a claim in Group B as described
in subsection (a)(3)(C)(iii), a claimant filing such claim
shall receive an amount of compensation under this title for
such claim that is not greater than the amount determined
under paragraph (1)(B)(ii) less the amount of any collateral
source compensation that such claimant has received or is
entitled to receive for such claim as a result of the
terrorist-related aircraft crashes of September 11, 2001.'';
and
(C) by adding at the end the following:
``(7) Limitations for group b claims.--
``(A) Noneconomic losses.--With respect to a claim in Group
B as described in subsection (a)(3)(C)(iii), the total amount
of compensation to which a claimant filing such claim is
entitled to receive for such claim under this title on
account of any noneconomic loss--
``(i) that results from any type of cancer shall not exceed
$250,000; and
``(ii) that does not result from any type of cancer shall
not exceed $90,000.
``(B) Determination of economic loss.--
``(i) In general.--Subject to the limitation described in
clause (ii) and with respect to a claim in Group B as
described in subsection (a)(3)(C)(iii), the Special Master
shall, for purposes of calculating the amount of compensation
to which a claimant is entitled under this title for such
claim on account of any economic loss, determine the loss of
earnings or other benefits related to employment by using the
applicable methodology described in section 104.43 or 104.45
of title 28, Code of Federal Regulations, as such Code was in
effect on the day before the date of enactment of the James
Zadroga 9/11 Victim Compensation Fund Reauthorization Act.
``(ii) Annual gross income limitation.--In considering
annual gross income under clause (i) for the purposes
described in such clause, the Special Master shall, for each
year of any loss of earnings or other benefits related to
employment, limit the annual gross income of the claimant (or
decedent in the case of a personal representative) for each
such year to an amount that is not greater than $200,000.
``(C) Gross income defined.--For purposes of this
paragraph, the term `gross income' has the meaning given such
term in section 61 of the Internal Revenue Code of 1986.'';
and
(3) in subsection (c)(3)--
(A) in subparagraph (A)--
(i) in clause (ii), in the matter preceding subclause (I),
by striking ``An individual'' and inserting ``Except with
respect to claims in Group B as described in subsection
(a)(3)(C)(iii), an individual'';
(ii) in clause (iii), by striking ``section 407(a)'' and
inserting ``section 407(b)(1)''; and
(iii) by adding at the end the following:
``(iv) Group b claims.--
``(I) In general.--Subject to subclause (II), an individual
filing a claim in Group B as described in subsection
(a)(3)(C)(iii) may be eligible for compensation under this
title only if the Special Master, with assistance from the
WTC Program Administrator as necessary, determines based on
the evidence presented that the individual has a WTC-related
physical health condition, as defined by section 402 of this
Act.
``(II) Personal representatives.--An individual filing a
claim in Group B, as described in subsection (a)(3)(C)(iii),
who is a personal representative described in paragraph
(2)(C) may be eligible for compensation under this title only
if the Special Master, with assistance from the WTC Program
Administrator as necessary, determines based on the evidence
presented that the applicable decedent suffered from a
condition that was, or would have been determined to be, a
WTC-related physical health condition, as defined by section
402 of this Act.''; and
(B) in subparagraph (C)(ii)(II), by striking ``section
407(b)'' and inserting ``section 407(b)(1)''.
(d) Payments to Eligible Individuals.--Section 406 of the
Air Transportation Safety and System Stabilization Act (49
U.S.C. 40101 note) is amended--
(1) in subsection (b), by striking ``This title'' and
inserting ``For the purpose of providing compensation for
claims in Group A as described in section 405(a)(3)(C)(ii),
this title''; and
(2) by amending subsection (d) to read as follows:
``(d) Limitations.--
``(1) Group a claims.--
``(A) In general.--The total amount of Federal funds paid
for compensation under this title, with respect to claims in
Group A as described in section 405(a)(3)(C)(ii), shall not
exceed $2,775,000,000.
``(B) Remainder of claim amounts.--In the case of a claim
in Group A as described in section 405(a)(3)(C)(ii) and for
which the Special Master has ratably reduced the amount of
compensation for such claim pursuant to paragraph (2) of this
subsection, as this subsection was in effect on the day
before the date of enactment of the James Zadroga 9/11 Victim
Compensation Fund Reauthorization Act, the Special Master
shall, as soon as practicable after the date of enactment of
such Act, authorize payment of the amount of compensation
that is equal to the difference between--
``(i) the amount of compensation that the claimant would
have been paid under this title for such claim without regard
to the limitation under the second sentence of paragraph (1)
of this subsection, as this subsection was in effect on the
day before the date of enactment of the James Zadroga 9/11
Victim Compensation Fund Reauthorization Act; and
``(ii) the amount of compensation the claimant was paid
under this title for such claim prior to the date of
enactment of such Act.
``(2) Group b claims.--
``(A) In general.--The total amount of Federal funds paid
for compensation under this title, with respect to claims in
Group B as described in section 405(a)(3)(C)(iii), shall not
exceed the amount of funds deposited into the Victims
Compensation Fund under section 410.
``(B) Payment system.--The Special Master shall establish a
system for providing compensation for claims in Group B as
described in section 405(a)(3)(C)(iii) in accordance with
this subsection and section 405(b)(7).
``(C) Development of agency policies and procedures.--
``(i) Development.--
``(I) In general.--Not later than 30 days after the date of
enactment of the James Zadroga 9/11 Victim Compensation Fund
Reauthorization Act, the Special Master shall develop agency
policies and procedures that meet the requirements under
subclauses (II) and (III) for providing compensation for
claims in Group B as described in section 405(a)(3)(C)(iii),
including policies and procedures for presumptive award
schedules, administrative expenses, and related internal
memoranda.
``(II) Limitation.--The policies and procedures developed
under subclause (I) shall ensure that total expenditures,
including administrative expenses, in providing compensation
for claims in Group B, as described in section
405(a)(3)(C)(iii), do not exceed the amount of funds
deposited into the Victims Compensation Fund under section
410.
``(III) Prioritization.--The policies and procedures
developed under subclause (I) shall prioritize claims for
claimants who are determined by the Special Master as
suffering from the most debilitating physical conditions to
ensure, for purposes of equity, that such claimants are not
unduly burdened by such policies or procedures.
``(ii) Reassessment.--Beginning 1 year after the date of
enactment of the James Zadroga 9/11 Victim Compensation Fund
Reauthorization Act, and each year thereafter until the
Victims Compensation Fund is permanently closed under section
410(e), the Special Master shall conduct a reassessment of
the agency policies and procedures developed under clause (i)
to ensure that such policies and procedures continue to
satisfy the requirements under subclauses (II) and (III) of
such clause. If the Special Master determines, upon
reassessment, that such agency policies or procedures do not
achieve the requirements of such subclauses, the Special
Master shall take additional actions or make such
modifications as necessary to achieve such requirements.''.
(e) Regulations.--Section 407(b) of the Air Transportation
Safety and System Stabilization Act (49 U.S.C. 40101 note) is
amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) James zadroga 9/11 health and compensation act of
2010.--Not later than''; and
(2) by adding at the end the following:
``(2) James zadroga 9/11 victim compensation fund
reauthorization act.--Not later than 180 days after the date
of enactment of the James Zadroga 9/11 Victim Compensation
Fund Reauthorization Act, the Special Master shall update the
regulations promulgated under subsection (a), and updated
under paragraph (1), to the extent necessary to comply with
the amendments made by such Act.''.
(f) Victims Compensation Fund.--Title IV of the Air
Transportation Safety and System Stabilization Act (49 U.S.C.
40101 note) is amended by adding at the end the following:
``SEC. 410. VICTIMS COMPENSATION FUND.
``(a) In General.--There is established in the Treasury of
the United States a fund to be known as the `Victims
Compensation Fund', consisting of amounts deposited into such
fund under subsection (b).
``(b) Deposits Into Fund.--There shall be deposited into
the Victims Compensation Fund each of the following:
``(1) Effective on the day after the date on which all
claimants who file a claim in Group A, as described in
section 405(a)(3)(C)(ii), have received the full compensation
due such claimants under this
[[Page H9651]]
title for such claim, any amounts remaining from the total
amount made available under section 406 to compensate claims
in Group A as described in section 405(a)(3)(C)(ii).
``(2) The amount appropriated under subsection (c).
``(c) Appropriations.--There is appropriated, out of any
money in the Treasury not otherwise appropriated,
$4,600,000,000 for fiscal year 2017, to remain available
until expended, to provide compensation for claims in Group B
as described in section 405(a)(3)(C)(iii).
``(d) Availability of Funds.--Amounts deposited into the
Victims Compensation Fund shall be available, without further
appropriation, to the Special Master to provide compensation
for claims in Group B as described in section
405(a)(3)(C)(iii).
``(e) Termination.--Upon completion of all payments under
this title, the Victims Compensation Fund shall be
permanently closed.''.
(g) 9-11 Response and Biometric Entry-Exit Fee.--Title IV
of the Air Transportation Safety and System Stabilization Act
(49 U.S.C. 40101 note), as amended by subsection (f), is
further amended by adding at the end the following:
``SEC. 411. 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT FEE.
``(a) Temporary L-1 Visa Fee Increase.--Notwithstanding
section 281 of the Immigration and Nationality Act (8 U.S.C.
1351) or any other provision of law, during the period
beginning on the date of the enactment of this section and
ending on September 30, 2025, the combined filing fee and
fraud prevention and detection fee required to be submitted
with an application for admission as a nonimmigrant under
section 101(a)(15)(L) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(L)), including an application for an
extension of such status, shall be increased by $4,500 for
applicants that employ 50 or more employees in the United
States if more than 50 percent of the applicant's employees
are nonimmigrants admitted pursuant to subparagraph (H)(i)(b)
or (L) of section 101(a)(15) of such Act.
``(b) Temporary H-1b Visa Fee Increase.--Notwithstanding
section 281 of the Immigration and Nationality Act (8 U.S.C.
1351) or any other provision of law, during the period
beginning on the date of the enactment of this section and
ending on September 30, 2025, the combined filing fee and
fraud prevention and detection fee required to be submitted
with an application for admission as a nonimmigrant under
section 101(a)(15)(H)(i)(b) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), including an
application for an extension of such status, shall be
increased by $4,000 for applicants that employ 50 or more
employees in the United States if more than 50 percent of the
applicant's employees are such nonimmigrants or described in
section 101(a)(15)(L) of such Act.
``(c) 9-11 Response and Biometric Exit Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury a separate account, which shall be known
as the `9-11 Response and Biometric Exit Account'.
``(2) Deposits.--
``(A) In general.--Subject to subparagraph (B), of the
amounts collected pursuant to the fee increases authorized
under subsections (a) and (b)--
``(i) 50 percent shall be deposited in the general fund of
the Treasury; and
``(ii) 50 percent shall be deposited as offsetting receipts
into the 9-11 Response and Biometric Exit Account, and shall
remain available until expended.
``(B) Termination of deposits in account.--After a total of
$1,000,000,000 is deposited into the 9-11 Response and
Biometric Exit Account under subparagraph (A)(ii), all
amounts collected pursuant to the fee increases authorized
under subsections (a) and (b) shall be deposited in the
general fund of the Treasury.
``(3) Use of funds.--For fiscal year 2017, and each fiscal
year thereafter, amounts in the 9-11 Response and Biometric
Exit Account shall be available to the Secretary of Homeland
Security without further appropriation for implementing the
biometric entry and exit data system described in section
7208 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (8 U.S.C. 1365b).''.
(h) Administrative Costs.--Section 1347 of the Full-Year
Continuing Appropriations Act, 2011 (49 U.S.C. 40101 note) is
amended--
(1) by inserting ``and (2)'' after ``(d)(1)''; and
(2) by adding at the end the following: ``Costs for
payments for compensation for claims in Group A, as described
in section 405(a)(3)(C)(ii) of such Act, shall be paid from
amounts made available under section 406 of such Act. Costs
for payments for compensation for claims in Group B, as
described in section 405(a)(3)(C)(iii) of such Act, shall be
paid from amounts in the Victims Compensation Fund
established under section 410 of such Act.''.
SEC. 403. AMENDMENT TO EXEMPT PROGRAMS.
(a) In General.--Section 255(g)(1)(B) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(B)) is amended by--
(1) inserting after the item relating to Retirement Pay and
Medical Benefits for Commissioned Officers, Public Health
Service the following:
``September 11th Victim Compensation Fund (15-0340-0-1-
754).'';
(2) inserting after the item relating to United States
Secret Service, DC Annuity the following:
``Victims Compensation Fund established under section 410
of the Air Transportation Safety and System Stabilization Act
(49 U.S.C. 40101 note).
``United States Victims of State Sponsored Terrorism
Fund.''; and
(3) inserting after the item relating to the Voluntary
Separation Incentive Fund the following:
``World Trade Center Health Program Fund (75-0946-0-1-
551).''.
(b) Applicability.--The amendments made by this section
shall apply to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) on or after the date of enactment of this
Act.
SEC. 404. COMPENSATION FOR UNITED STATES VICTIMS OF STATE
SPONSORED TERRORISM ACT.
(a) Short Title.--This section may be cited as the
``Justice for United States Victims of State Sponsored
Terrorism Act''.
(b) Administration of the United States Victims of State
Sponsored Terrorism Fund.--
(1) Administration of the fund.--
(A) Appointment and terms of special master.--
(i) Initial appointment.--Not later than 60 days after the
date of the enactment of this Act, the Attorney General shall
appoint a Special Master. The initial term for the Special
Master shall be 18 months.
(ii) Additional terms.--Thereafter, each time there exists
funds in excess of $100,000,000 in the Fund, the Attorney
General shall appoint or reappoint a Special Master for such
period as is appropriate, not to exceed 1 year. In addition,
if there exists in the Fund funds that are less than
$100,000,000, the Attorney General may appoint or reappoint a
Special Master each time the Attorney General determines
there are sufficient funds available in the Fund to
compensate eligible claimants, for such period as is
appropriate, not to exceed 1 year.
(iii) Special master to administer compensation from the
fund.--The Special Master shall administer the compensation
program described in this section for United States persons
who are victims of state sponsored terrorism.
(B) Administrative costs and use of department of justice
personnel.--The Special Master may utilize, as necessary, no
more than 5 full-time equivalent Department of Justice
personnel to assist in carrying out the duties of the Special
Master under this section. Any costs associated with the use
of such personnel, and any other administrative costs of
carrying out this section, shall be paid from the Fund.
(C) Compensation of special master.--The Special Master
shall be compensated from the Fund at a rate not to exceed
the annual rate of basic pay for level IV of the Executive
Schedule, as prescribed by section 5315 of title 5, United
States Code.
(2) Publication of regulations and procedures.--
(A) In general.--Not later than 60 days after the date of
the initial appointment of the Special Master, the Special
Master shall publish in the Federal Register and on a website
maintained by the Department of Justice a notice specifying
the procedures necessary for United States persons to apply
and establish eligibility for payment, including procedures
by which eligible United States persons may apply by and
through their attorney. Such notice is not subject to the
requirements of section 553 of title 5, United States Code.
(B) Information regarding other sources of compensation.--
As part of the procedures for United States persons to apply
and establish eligibility for payment, the Special Master
shall require applicants to provide the Special Master with
information regarding compensation from any source other than
this Fund that the claimant (or, in the case of a personal
representative, the victim's beneficiaries) has received or
is entitled or scheduled to receive as a result of the act of
international terrorism that gave rise to a claimant's final
judgment, including information identifying the amount,
nature, and source of such compensation.
(3) Decisions of the special master.--All decisions made by
the Special Master with regard to compensation from the Fund
shall be--
(A) in writing and provided to the Attorney General, each
claimant and, if applicable, the attorney for each claimant;
and
(B) final and, except as provided in paragraph (4), not
subject to administrative or judicial review.
(4) Review hearing.--
(A) Not later than 30 days after receipt of a written
decision by the Special Master, a claimant whose claim is
denied in whole or in part by the Special Master may request
a hearing before the Special Master pursuant to procedures
established by the Special Master.
(B) Not later than 90 days after any such hearing, the
Special Master shall issue a final written decision affirming
or amending the original decision. The written decision is
final and nonreviewable.
(c) Eligible Claims.--
(1) In general.--For the purposes of this section, a claim
is an eligible claim if the Special Master determines that--
(A) the judgment holder, or claimant, is a United States
person;
[[Page H9652]]
(B) the claim is described in paragraph (2); and
(C) the requirements of paragraph (3) are met.
(2) Certain claims.--The claims referred to in paragraph
(1) are claims for--
(A) compensatory damages awarded to a United States person
in a final judgment--
(i) issued by a United States district court under State or
Federal law against a state sponsor of terrorism; and
(ii) arising from acts of international terrorism, for
which the foreign state was determined not to be immune from
the jurisdiction of the courts of the United States under
section 1605A, or section 1605(a)(7) (as such section was in
effect on January 27, 2008), of title 28, United States Code;
(B) the sum total of $10,000 per day for each day that a
United States person was taken and held hostage from the
United States embassy in Tehran, Iran, during the period
beginning November 4, 1979, and ending January 20, 1981, if
such person is identified as a member of the proposed class
in case number 1:00-CV-03110 (EGS) of the United States
District Court for the District of Columbia; or
(C) damages for the spouses and children of the former
hostages described in subparagraph (B), if such spouse or
child is identified as a member of the proposed class in case
number 1:00-CV-03110 (EGS) of the United States Court for the
District of Columbia, in the following amounts:
(i) For each spouse of a former hostage identified as a
member of the proposed class described in this subparagraph,
a $600,000 lump sum.
(ii) For each child of a former hostage identified as a
member of the proposed class described in this subparagraph,
a $600,000 lump sum.
(3) Deadline for application submission.--
(A) In general.--The deadline for submitting an application
for a payment under this subsection is as follows:
(i) Not later than 90 days after the date of the
publication required under subsection (b)(2)(A), with regard
to an application based on--
(I) a final judgment described in paragraph (2)(A) obtained
before that date of publication; or
(II) a claim described in paragraph (2)(B) or (2)(C).
(ii) Not later than 90 days after the date of obtaining a
final judgment, with regard to a final judgment obtained on
or after the date of that publication.
(B) Good cause.--For good cause shown, the Special Master
may grant a claimant a reasonable extension of a deadline
under this paragraph.
(d) Payments.--
(1) To whom made.--The Special Master shall order payment
from the Fund for each eligible claim of a United States
person to that person or, if that person is deceased, to the
personal representative of the estate of that person.
(2) Timing of initial payments.--The Special Master shall
authorize all initial payments to satisfy eligible claims
under this section not later than 1 year after the date of
the enactment of this Act.
(3) Payments to be made pro rata.--
(A) In general.--
(i) Pro rata basis.--Except as provided in subparagraph (B)
and subject to the limitations described in clause (ii), the
Special Master shall carry out paragraph (1), by dividing all
available funds on a pro rata basis, based on the amounts
outstanding and unpaid on eligible claims, until all such
amounts have been paid in full.
(ii) Limitations.--The limitations described in this clause
are as follows:
(I) In the event that a United States person has an
eligible claim that exceeds $20,000,000, the Special Master
shall treat that claim as if it were for $20,000,000 for
purposes of this section.
(II) In the event that a United States person and the
immediate family members of such person, have claims that if
aggregated would exceed $35,000,000, the Special Master
shall, for purposes of this section, reduce such claims on a
pro rata basis such that in the aggregate such claims do not
exceed $35,000,000.
(III) In the event that a United States person, or the
immediate family member of such person, has an eligible claim
under this section and has received an award or an award
determination under section 405 of the Air Transportation
Safety and System Stabilization Act (49 U.S.C. 40101 note),
the amount of compensation to which such person, or the
immediate family member of such person, was determined to be
entitled under section 405 of the Air Transportation Safety
and System Stabilization Act (49 U.S.C. 40101 note) shall be
considered controlling for the purposes of this section,
notwithstanding any compensatory damages amounts such person,
or immediate family member of such person, is deemed eligible
for or entitled to pursuant to a final judgment described in
subsection (c)(2)(A).
(B) Minimum payments.--
(i) Any applicant with an eligible claim described in
subsection (c)(2) who has received, or is entitled or
scheduled to receive, any payment that is equal to, or in
excess of, 30 percent of the total compensatory damages owed
to such applicant on the applicant's claim from any source
other than this Fund shall not receive any payment from the
Fund until such time as all other eligible applicants have
received from the Fund an amount equal to 30 percent of the
compensatory damages awarded to those applicants pursuant to
their final judgments or to claims under subsection (c)(2)(B)
or (c)(2)(C). For purposes of calculating the pro rata
amounts for these payments, the Special Master shall not
include the total compensatory damages for applicants
excluded from payment by this subparagraph.
(ii) To the extent that an applicant with an eligible claim
has received less than 30 percent of the compensatory damages
owed that applicant under a final judgment or claim described
in subsection (c)(2) from any source other than this Fund,
such applicant may apply to the Special Master for the
difference between the percentage of compensatory damages the
applicant has received from other sources and the percentage
of compensatory damages to be awarded other eligible
applicants from the Fund.
(4) Additional payments.--On January 1 of the second
calendar year that begins after the date of the initial
payments described in paragraph (1) if funds are available in
the Fund, the Special Master shall authorize additional
payments on a pro rata basis to those claimants with eligible
claims under subsection (c)(2) and shall authorize additional
payments for eligible claims annually thereafter if funds are
available in the Fund.
(5) Subrogation and retention of rights.--
(A) United states subrogated to creditor rights to the
extent of payment.--The United States shall be subrogated to
the rights of any person who applies for and receives
payments under this section, but only to the extent and in
the amount of such payments made under this section. The
President shall pursue these subrogated rights as claims or
offsets of the United States in appropriate ways, including
any negotiation process that precedes the normalization of
relations between the foreign state designated as a state
sponsor of terrorism and the United States or the lifting of
sanctions against such foreign state.
(B) Rights retained.--To the extent amounts of damages
remain unpaid and outstanding following any payments made
under this subsection, each applicant shall retain that
applicant's creditor rights in any unpaid and outstanding
amounts of the judgment, including any prejudgment or post-
judgment interest, or punitive damages, awarded by the United
States district court pursuant to a judgment.
(e) United States Victims of State Sponsored Terrorism
Fund.--
(1) Establishment of united states victims of state
sponsored terrorism fund.--There is established in the
Treasury a fund, to be designated as the United States
Victims of State Sponsored Terrorism Fund.
(2) Deposit and transfer.--Beginning on the date of the
enactment of this Act, the following shall be deposited or
transferred into the Fund for distribution under this
section:
(A) Forfeited funds and property.--
(i) Criminal funds and property.--All funds, and the net
proceeds from the sale of property, forfeited or paid to the
United States after the date of enactment of this Act as a
criminal penalty or fine arising from a violation of any
license, order, regulation, or prohibition issued under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1
et seq.), or any related criminal conspiracy, scheme, or
other Federal offense arising from the actions of, or doing
business with or acting on behalf of, a state sponsor of
terrorism.
(ii) Civil funds and property.--One-half of all funds, and
one-half of the net proceeds from the sale of property,
forfeited or paid to the United States after the date of
enactment of this Act as a civil penalty or fine arising from
a violation of any license, order, regulation, or prohibition
issued under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) or the Trading with the Enemy Act
(50 U.S.C. App. 1 et seq.), or any related conspiracy,
scheme, or other Federal offense arising from the actions of,
or doing business with or acting on behalf of, a state
sponsor of terrorism.
(B) Transfer into fund of certain assigned assets of iran
and election to participate in fund.--
(i) Deposit into fund of assigned proceeds from sale of
properties and related assets identified in in re 650 fifth
avenue & related properties.--
(I) In general.--Except as provided in subclause (II), if
the United States receives a final judgment forfeiting the
properties and related assets identified in the proceedings
captioned as In Re 650 Fifth Avenue & Related Properties, No.
08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), the net
proceeds (not including the litigation expenses and sales
costs incurred by the United States) resulting from the sale
of such properties and related assets by the United States
shall be deposited into the Fund.
(II) Limitation.--The following proceeds resulting from any
sale of the properties and related assets identified in
subclause (I) shall not be transferred into the Fund:
(aa) The percentage of proceeds attributable to any party
identified as a Settling Judgment Creditor in the order dated
April 16, 2014, in such proceedings, who does not make an
election (described in clause (iii)) to participate in the
Fund.
(bb) The percentage of proceeds attributable to the parties
identified as the Hegna Judgment Creditors in such
proceedings, unless and until a final judgment is entered
denying the claims of such creditors.
[[Page H9653]]
(ii) Deposit into fund of assigned assets identified in
peterson v. islamic republic of iran.--If a final judgment is
entered in Peterson v. Islamic Republic of Iran, No. 10 Civ.
4518 (S.D.N.Y.), awarding the assets at issue in that case to
the judgment creditors identified in the order dated July 9,
2013, those assets shall be deposited into the Fund, but only
to the extent, and in such percentage, that the rights,
title, and interest to such assets were assigned through
elections made pursuant to clause (iii).
(iii) Election to participate in the fund.--Upon written
notice to the Attorney General, the Special Master, and the
chief judge of the United States District Court for the
Southern District of New York within 60 days after the date
of the publication required under subsection (b)(2)(A) a
United States person, who is a judgment creditor in the
proceedings captioned Peterson v. Islamic Republic of Iran,
No. 10 Civ. 4518 (S.D.N.Y.), or a Settling Judgment Creditor
as identified in the order dated May 27, 2014, in the
proceedings captioned In Re 650 Fifth Avenue & Related
Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008),
shall have the right to elect to participate in the Fund and,
to the extent any such person exercises such right, shall
irrevocably assign to the Fund all rights, title, and
interest to such person's claims to the assets at issue in
such proceedings. To the extent that a United States person
is both a judgment creditor in the proceedings captioned
Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518
(S.D.N.Y.) and a Settling Judgment Creditor in In Re 650
Fifth Avenue & Related Properties, No. 08 Civ. 10934
(S.D.N.Y. filed Dec. 17, 2008), any election by such person
to participate in the Fund pursuant to this paragraph shall
operate as an election to assign any and all rights, title,
and interest in the assets in both actions for the purposes
of participating in the Fund. The Attorney General is
authorized to pursue any such assigned rights, title, and
interest in those claims for the benefit of the Fund.
(iv) Application for conditional payment.--A United States
person who is a judgment creditor or a Settling Judgment
Creditor in the proceedings identified in clause (iii) and
who does not elect to participate in the Fund may,
notwithstanding such failure to elect, submit an application
for conditional payment from the Fund, subject to the
following limitations:
(I) In general.--Notwithstanding any such claimant's
eligibility for payment and the initial deadline for initial
payments set forth in subsection (d)(2), the Special Master
shall allocate but withhold payment to an eligible claimant
who applies for a conditional payment under this paragraph
until such time as an adverse final judgment is entered in
both of the proceedings identified in clause (iii).
(II) Exception.--
(aa) In the event that an adverse final judgment is entered
in the proceedings captioned Peterson v. Islamic Republic of
Iran, No. 10 Civ. 4518 (S.D.N.Y), prior to a final judgment
being entered in the proceedings captioned In Re 650 Fifth
Avenue & Related Properties, No. 08 Civ. 10934 (S.D.N.Y.
filed Dec. 17, 2008), the Special Master shall release a
portion of an eligible claimant's conditional payment to such
eligible claimant if the Special Master anticipates that such
claimant will receive less than the amount of the conditional
payment from any proceeds from a final judgment that is
entered in favor of the plaintiffs in In Re 650 Fifth Avenue
& Related Properties. Such portion shall not exceed the
difference between the amount of the conditional payment and
the amount the Special Master anticipates such claimant will
receive from the proceeds of In Re 650 Fifth Avenue & Related
Properties.
(bb) In the event that a final judgment is entered in favor
of the plaintiffs in the proceedings captioned Peterson v.
Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y) and
funds are distributed, the payments allocated to claimants
who applied for a conditional payment under this subparagraph
shall be considered void, and any funds previously allocated
to such conditional payments shall be made available and
distributed to all other eligible claimants pursuant to
subsection (d).
(3) Expenditures from fund.--Amounts in the Fund shall be
available, without further appropriation, for the payment of
eligible claims and compensation of the Special Master in
accordance with this section.
(4) Management of fund.--The Fund shall be managed and
invested in the same manner as a trust fund is managed and
invested under section 9602 of the Internal Revenue Code of
1986.
(5) Funding.--There is appropriated to the Fund, out of any
money in the Treasury not otherwise appropriated,
$1,025,000,000 for fiscal year 2017, to remain available
until expended.
(6) Termination.--
(A) In general.--Amounts in the Fund may not be obligated
on or after January 2, 2026.
(B) Closing of fund.--Effective on the day after all
amounts authorized to be paid from the Fund under this
section that were obligated before January 2, 2026 are
expended, any unobligated balances in the Fund shall be
transferred, as appropriate, to either the Department of the
Treasury Forfeiture Fund established under section 9705 of
title 31, United States Code, or to the Department of Justice
Assets Forfeiture Fund established under section 524(c)(1) of
title 28, United States Code.
(f) Attorneys' Fees and Costs.--
(1) In general.--No attorney shall charge, receive, or
collect, and the Special Master shall not approve, any
payment of fees and costs that in the aggregate exceeds 25
percent of any payment made under this section.
(2) Penalty.--Any attorney who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned for
not more than 1 year, or both.
(g) Award of Compensation to Informers.--
(1) In general.--Any United States person who holds a final
judgment described in subsection (c)(2)(A) or a claim under
subsection (c)(2)(B) or (c)(2)(C) and who meets the
requirements set forth in paragraph (2) is entitled to
receive an award of 10 percent of the funds deposited in the
Fund under subsection (e)(2) attributable to information such
person furnished to the Attorney General that leads to a
forfeiture described in subsection (e)(2)(A), which is made
after the date of enactment of this Act pursuant to a
proceeding resulting in forfeiture that was initiated after
the date of enactment of this Act.
(2) Person described.--A person meets the requirements of
this paragraph if--
(A) the person identifies and notifies the Attorney General
of funds or property--
(i) of a state sponsor of terrorism, or held by a third
party on behalf of or subject to the control of that state
sponsor of terrorism;
(ii) that were not previously identified or known by the
United States Government; and
(iii) that are subsequently forfeited directly or in the
form of substitute assets to the United States; and
(B) the Attorney General finds that the identification and
notification under subparagraph (A) by that person
substantially contributed to the forfeiture to the United
States.
(h) Special Exclusion From Compensation.--In no event shall
an individual who is criminally culpable for an act of
international terrorism receive any compensation under this
section, either directly or on behalf of a victim.
(i) Report to Congress.--Within 30 days after authorizing
the payment of compensation of eligible claims pursuant to
subsection (d), the Special Master shall submit to the
chairman and ranking minority member of the Committee on the
Judiciary of the House of Representatives and the chairman
and ranking minority member of the Committee on the Judiciary
of the Senate a report on the payment of eligible claims,
which shall include--
(1) an explanation of the procedures for filing and
processing of applications for compensation; and
(2) an analysis of the payments made to United States
persons from the Fund and the amount of outstanding eligible
claims, including--
(A) the number of applications for compensation submitted;
(B) the number of applications approved and the amount of
each award;
(C) the number of applications denied and the reasons for
the denial;
(D) the number of applications for compensation that are
pending for which compensatory damages have not been paid in
full; and
(E) the total amount of compensatory damages from eligible
claims that have been paid and that remain unpaid.
(j) Definitions.--In this section the following definitions
apply:
(1) Act of international terrorism.--The term ``act of
international terrorism'' includes--
(A) an act of torture, extrajudicial killing, aircraft
sabotage, or hostage taking as those terms are defined in
section 1605A(h) of title 28, United States Code; and
(B) providing material support or resources, as defined in
section 2339A of title 18, United States Code, for an act
described in subparagraph (A).
(2) Adverse final judgment.--The term ``adverse final
judgment'' means a final judgment in favor of the defendant,
or defendants, in the proceedings identified in subsection
(e)(2)(B)(iii), or which does not order any payment from, or
award any interest in, the assets at issue in such
proceedings to the plaintiffs, judgment creditors, or
Settling Judgment Creditors in such proceedings.
(3) Compensatory damages.--The term ``compensatory
damages'' does not include pre-judgment or post-judgment
interest or punitive damages.
(4) Final judgment.--The term ``final judgment'' means an
enforceable final judgment, decree or order on liability and
damages entered by a United States district court that is not
subject to further appellate review, but does not include a
judgment, decree, or order that has been waived,
relinquished, satisfied, espoused by the United States, or
subject to a bilateral claims settlement agreement between
the United States and a foreign state. In the case of a
default judgment, such judgment shall not be considered a
final judgment until such time as service of process has been
completed pursuant to section 1608(e) of title 28, United
States Code.
(5) Fund.--The term ``Fund'' means the United States
Victims of State Sponsored Terrorism Fund established by this
section.
(6) Source other than this fund.--The term ``source other
than this Fund'' means
[[Page H9654]]
all collateral sources, including life insurance, pension
funds, death benefit programs, payments by Federal, State, or
local governments (including payments from the September 11th
Victim Compensation Fund (49 U.S.C. 40101 note)), and court
awarded compensation related to the act of international
terrorism that gave rise to a claimant's final judgment. The
term ``entitled or scheduled to receive'' in subsection
(d)(3)(B)(i) includes any potential recovery where that
person or their representative is a party to any civil or
administrative action pending in any court or agency of
competent jurisdiction in which the party seeks to enforce
the judgment giving rise to the application to the Fund.
(7) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined, for purposes of section
6(j) of the Export Administration Act of 1979 (50 U.S.C.
4605(j)), section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371), section 40 of the Arms Export Control Act
(22 U.S.C. 2780), or any other provision of law, is a
government that has repeatedly provided support for acts of
international terrorism.
(8) United states person.--The term ``United States
person'' means a natural person who has suffered an injury
arising from the actions of a foreign state for which the
foreign state has been determined not to be immune from the
jurisdiction of the courts of the United States under section
1605A or section 1605(a)(7) (as such section was in effect on
January 27, 2008) of title 28, United States Code, or is
eligible to make a claim under subsection (c)(2)(B) or
subsection (c)(2)(C).
(k) Severability.--The provisions of this section are
severable. If any provision of this section, or any
application thereof, is found unconstitutional, that finding
shall not affect any provision or application of this section
not so adjudicated.
SEC. 405. BUDGETARY PROVISIONS.
(a) Limitation.--Notwithstanding any other provision of
law, including section 982 of title 18, United States Code,
and section 413 of the Controlled Substances Act (21 U.S.C.
853), none of the funds paid to the United States Government
by BNP Paribas S.A. as part of, or related to, a plea
agreement dated June 27, 2014, entered into between the
Department of Justice and BNP Paribas S.A., and subject to a
consent order entered by the United States District Court for
the Southern District of New York on May 1, 2015, in United
States v. BNPP, No. 14 Cr. 460 (S.D.N.Y.) to settle charges
against BNP Paribas S.A. for conspiracy to commit an offense
against the United States in violation of section 371 of
title 18, United States Code, by conspiring to violate the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), and the Trading with the Enemy Act (50 U.S.C. 4301
et seq.), may be used by the United States Government--
(1) in any manner in furtherance of the proposed use of
such funds by the Department of Justice to compensate
individuals as announced by the Department of Justice on May
1, 2015; or
(2) in any other manner whatsoever, including in
furtherance of any program to compensate victims of
international or state sponsored terrorism, except as such
funds are directed by Congress pursuant to this title and the
amendments made by this title.
(b) Rescission of Funds From BNP Settlement.--Of the
amounts in the Department of the Treasury Forfeiture Fund
established under section 9705 of title 31, United States
Code, $3,800,000,000 from funds paid to the United States
Government by BNP Paribas S.A. as part of, or related to, a
plea agreement dated June 27, 2014, entered into between the
Department of Justice and BNP Paribas S.A., and subject to a
consent order entered by the United States District Court for
the Southern District of New York on May 1, 2015, in United
States v. BNPP, No. 14 Cr. 460 (S.D.N.Y.), shall be
deobligated, if necessary, and shall be permanently
rescinded.
TITLE V--MEDICARE AND MEDICAID PROVISIONS
SEC. 501. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$205,000,000'' and
inserting ``$5,000,000''.
SEC. 502. MEDICARE PAYMENT INCENTIVE FOR THE TRANSITION FROM
TRADITIONAL X-RAY IMAGING TO DIGITAL
RADIOGRAPHY AND OTHER MEDICARE IMAGING PAYMENT
PROVISION.
(a) Physician Fee Schedule.--
(1) Payment incentive for transition.--
(A) In general.--Section 1848(b) of the Social Security Act
(42 U.S.C. 1395w-4(b)) is amended by adding at the end the
following new paragraph:
``(9) Special rule to incentivize transition from
traditional x-ray imaging to digital radiography.--
``(A) Limitation on payment for film x-ray imaging
services.--In the case of an imaging service (including the
imaging portion of a service) that is an X-ray taken using
film and that is furnished during 2017 or a subsequent year,
the payment amount for the technical component (including the
technical component portion of a global service) of such
service that would otherwise be determined under this section
(without application of this paragraph and before application
of any other adjustment under this section) for such year
shall be reduced by 20 percent.
``(B) Phased-in limitation on payment for computed
radiography imaging services.--In the case of an imaging
service (including the imaging portion of a service) that is
an X-ray taken using computed radiography technology--
``(i) in the case of such a service furnished during 2018,
2019, 2020, 2021, or 2022, the payment amount for the
technical component (including the technical component
portion of a global service) of such service that would
otherwise be determined under this section (without
application of this paragraph and before application of any
other adjustment under this section) for such year shall be
reduced by 7 percent; and
``(ii) in the case of such a service furnished during 2023
or a subsequent year, the payment amount for the technical
component (including the technical component portion of a
global service) of such service that would otherwise be
determined under this section (without application of this
paragraph and before application of any other adjustment
under this section) for such year shall be reduced by 10
percent.
``(C) Computed radiography technology defined.--For
purposes of this paragraph, the term `computed radiography
technology' means cassette-based imaging which utilizes an
imaging plate to create the image involved.
``(D) Implementation.--In order to implement this
paragraph, the Secretary shall adopt appropriate mechanisms
which may include use of modifiers.''.
(B) Exemption from budget neutrality.--Section
1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C. 1395w-
4(c)(2)(B)(v)) is amended by adding at the end the following
new subclause:
``(X) Reduced expenditures attributable to incentives to
transition to digital radiography.--Effective for fee
schedules established beginning with 2017, reduced
expenditures attributable to subparagraph (A) of subsection
(b)(9) and effective for fee schedules established beginning
with 2018, reduced expenditures attributable to subparagraph
(B) of such subsection.''.
(2) Reduction of discount in payment for professional
component of multiple imaging services.--
(A) In general.--Section 1848(b) of the Social Security Act
(42 U.S.C. 1395w-4(b)), as amended by paragraph (1), is
amended by adding at the end the following new paragraph:
``(10) Reduction of discount in payment for professional
component of multiple imaging services.--In the case of the
professional component of imaging services furnished on or
after January 1, 2017, instead of the 25 percent reduction
for multiple procedures specified in the final rule published
by the Secretary in the Federal Register on November 28,
2011, as amended in the final rule published by the Secretary
in the Federal Register on November 16, 2012, the reduction
percentage shall be 5 percent.''.
(B) Exemption from budget neutrality.--Section
1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C. 1395w
4(c)(2)(B)(v)), as amended by paragraph (1), is amended by
adding at the end by the following new subclause:
``(XI) Discount in payment for professional component of
imaging services.--Effective for fee schedules established
beginning with 2017, reduced expenditures attributable to
subsection (b)(10).''.
(C) Conforming amendment.--Section 220(i) of the Protecting
Access to Medicare Act of 2014 (42 U.S.C. 1395w-4 note) is
repealed.
(b) Payment Incentive for Transition Under Hospital
Outpatient Prospective Payment System.--Section 1833(t)(16)
of the Social Security Act (42 U.S.C. 1395(t)(16)) is amended
by adding at the end the following new subparagraph:
``(F) Payment incentive for the transition from traditional
x-ray imaging to digital radiography.--Notwithstanding the
previous provisions of this subsection:
``(i) Limitation on payment for film x-ray imaging
services.--In the case of an imaging service that is an X-ray
taken using film and that is furnished during 2017 or a
subsequent year, the payment amount for such service
(including the X-ray component of a packaged service) that
would otherwise be determined under this section (without
application of this paragraph and before application of any
other adjustment under this subsection) for such year shall
be reduced by 20 percent.
``(ii) Phased-in limitation on payment for computed
radiography imaging services.--In the case of an imaging
service that is an X-ray taken using computed radiography
technology (as defined in section 1848(b)(9)(C))--
``(I) in the case of such a service furnished during 2018,
2019, 2020, 2021, or 2022, the payment amount for such
service (including the X-ray component of a packaged service)
that would otherwise be determined under this section
(without application of this paragraph and before application
of any other adjustment under this subsection) for such year
shall be reduced by 7 percent; and
``(II) in the case of such a service furnished during 2023
or a subsequent year, the payment amount for such service
(including the X-ray component of a packaged service) that
would otherwise be determined under this section (without
application of this paragraph and before application of any
other adjustment under this subsection) for such year shall
be reduced by 10 percent.
[[Page H9655]]
``(iii) Application without regard to budget neutrality.--
The reductions made under this subparagraph--
``(I) shall not be considered an adjustment under paragraph
(2)(E); and
``(II) shall not be implemented in a budget neutral manner.
``(iv) Implementation.--In order to implement this
subparagraph, the Secretary shall adopt appropriate
mechanisms which may include use of modifiers.''.
SEC. 503. LIMITING FEDERAL MEDICAID REIMBURSEMENT TO STATES
FOR DURABLE MEDICAL EQUIPMENT (DME) TO MEDICARE
PAYMENT RATES.
(a) Medicaid Reimbursement.--
(1) In general.--Section 1903(i) of the Social Security Act
(42 U.S.C. 1396b(i)) is amended--
(A) in paragraph (25), by striking ``or'' at the end;
(B) in paragraph (26), by striking the period at the end
and inserting ``; or''; and
(C) by inserting after paragraph (26) the following new
paragraph:
``(27) with respect to any amounts expended by the State on
the basis of a fee schedule for items described in section
1861(n) and furnished on or after January 1, 2019, as
determined in the aggregate with respect to each class of
such items as defined by the Secretary, in excess of the
aggregate amount, if any, that would be paid for such items
within such class on a fee-for-service basis under the
program under part B of title XVIII, including, as
applicable, under a competitive acquisition program under
section 1847 in an area of the State.''.
(2) Rule of construction.--Nothing in the amendments made
by paragraph (1) shall be construed to prohibit a State
Medicaid program from providing medical assistance for
durable medical equipment for which payment is denied or not
available under the Medicare program under title XVIII of
such Act.
(b) Evaluating Application of DME Payment Limits Under
Medicaid.--The Secretary of Health and Human Services shall
evaluate the impact of applying Medicare payment rates with
respect to payment for durable medical equipment under the
Medicaid program under section 1903(i)(27) of the Social
Security Act, as inserted by subsection (a)(1)(C). The
Secretary shall make available to the public the results of
such evaluation.
SEC. 504. TREATMENT OF DISPOSABLE DEVICES.
(a) In General.--Section 1834 of the Social Security Act
(42 U.S.C. 1395m) is amended by adding at the end the
following new subsection:
``(s) Payment for Applicable Disposable Devices.--
``(1) Separate payment.--The Secretary shall make a payment
(separate from the payments otherwise made under section
1895) in the amount established under paragraph (3) to a home
health agency for an applicable disposable device (as defined
in paragraph (2)) when furnished on or after January 1, 2017,
to an individual who receives home health services for which
payment is made under section 1895(b).
``(2) Applicable disposable device.--In this subsection,
the term applicable disposable device means a disposable
device that, as determined by the Secretary, is--
``(A) a disposable negative pressure wound therapy device
that is an integrated system comprised of a non-manual vacuum
pump, a receptacle for collecting exudate, and dressings for
the purposes of wound therapy; and
``(B) a substitute for, and used in lieu of, a negative
pressure wound therapy durable medical equipment item that is
an integrated system of a negative pressure vacuum pump, a
separate exudate collection canister, and dressings that
would otherwise be covered for individuals for such wound
therapy.
``(3) Payment amount.--The separate payment amount
established under this paragraph for an applicable disposable
device for a year shall be equal to the amount of the payment
that would be made under section 1833(t) (relating to payment
for covered OPD services) for the year for the Level I
Healthcare Common Procedure Coding System (HCPCS) code for
which the description for a professional service includes the
furnishing of such device.''.
(b) Conforming Amendments.--
(1) Coinsurance.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (Z)'' and inserting ``(Z)''; and
(B) by inserting before the semicolon at the end the
following: ``, and (AA) with respect to an applicable
disposable device (as defined in paragraph (2) of section
1834(s)) furnished to an individual pursuant to paragraph (1)
of such section, the amount paid shall be equal to 80 percent
of the lesser of the actual charge or the amount determined
under paragraph (3) of such section''.
(2) Home health.--Section 1861(m)(5) of the Social Security
Act (42 U.S.C. 1395x(m)(5)) is amended by inserting ``and
applicable disposable devices (as defined in section
1834(s)(2))'' after ``durable medical equipment''.
(c) Reports.--
(1) GAO study and report on disposable devices.--
(A) Study.--The Comptroller General of the United States
shall conduct a study on the value of disposable devices to
the Medicare program and Medicare beneficiaries and the role
of disposable devices as substitutes for durable medical
equipment. Such study shall address the following:
(i) The types of disposable devices that could potentially
qualify as being substitutes for durable medical equipment
under the Medicare program, the similarities and differences
between such disposable devices and the durable medical
equipment for which they would be a substitute, and the
extent to which other payers, including the Medicaid program
and private payers, cover such disposable devices.
(ii) Views of, and information from, medical device
manufacturers, providers of services, and suppliers on the
incentives and disincentives under current Medicare coverage
and payment policies for disposable devices that are
substitutes for durable medical equipment and how such
policies affect manufacturers' decisions to develop
innovative products and providers' and suppliers' decisions
to use such products.
(iii) Implications of expanding coverage under the Medicare
program to include additional disposable devices that are
substitutes for durable medical equipment.
(iv) Payment methodologies that could be used to pay for
disposable devices that are substitutes for durable medical
equipment other than applicable disposable devices pursuant
to the amendments made by subsections (a) and (b).
(v) Other applicable areas determined appropriate by the
Comptroller General.
(B) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress and the Secretary of Health
and Human Services a report on the study conducted under
subparagraph (A), together with recommendations for such
legislation and administrative action as the Comptroller
General determines to be appropriate.
(2) GAO study and report on the impact of the payment of
applicable disposable devices.--
(A) Study.--The Comptroller General of the United States
shall conduct a study on the impact of the payment for
applicable disposable devices (as defined in section
1834(s)(2) of the Social Security Act) under the provisions
of, and the amendments made by, subsections (a) and (b). Such
study shall address the following:
(i) The impact on utilization and Medicare program and
beneficiary spending as a result of such provisions and
amendments.
(ii) The type of Medicare beneficiaries who, under the home
health benefit, use the applicable disposable device and the
period of use of the applicable disposable devices compared
to the beneficiaries who use the substitute durable medical
equipment and their period of use.
(iii) How payment rates of other payers, including the
Medicaid program and private payers, for applicable
disposable devices compare to the payment rates for such
devices under such provisions and amendments.
(iv) Other applicable areas determined appropriate by the
Comptroller General.
(B) Report.--Not later than 4 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress and the Secretary of Health
and Human Services a report on the study conducted under
subparagraph (A), together with recommendations for such
legislation and administrative action as the Comptroller
General determines to be appropriate.
(d) Effective Date.--The amendments made by this section
shall apply to items furnished on or after January 1, 2017.
TITLE VI--PUERTO RICO
SEC. 601. MODIFICATION OF MEDICARE INPATIENT HOSPITAL PAYMENT
RATE FOR PUERTO RICO HOSPITALS.
Section 1886(d)(9)(E) of the Social Security Act (42 U.S.C.
1395ww(d)(9)(E)) is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) in clause (iv)--
(A) by inserting ``and before January 1, 2016,'' after
``2004,''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new clause:
``(v) on or after January 1, 2016, the applicable Puerto
Rico percentage is 0 percent and the applicable Federal
percentage is 100 percent.''.
SEC. 602. APPLICATION OF MEDICARE HITECH PAYMENTS TO
HOSPITALS IN PUERTO RICO.
(a) In General.--Subsection (n)(6)(B) of section 1886 of
the Social Security Act (42 U.S.C. 1395ww) is amended by
striking ``subsection (d) hospital'' and inserting ``hospital
that is a subsection (d) hospital or a subsection (d) Puerto
Rico hospital''.
(b) Conforming Amendments.--
(1) Subsection (b)(3)(B)(ix) of section 1886 of the Social
Security Act (42 U.S.C. 1395ww) is amended--
(A) in subclause (I), by striking ``(n)(6)(A)'' and
inserting ``(n)(6)(B)''; and
(B) in subclause (II), by striking ``a subsection (d)
hospital'' and inserting ``an eligible hospital''.
(2) Paragraphs (2) and (4)(A) of section 1853(m) of the
Social Security Act (42 U.S.C. 1395w-23(m)) are each amended
by striking ``1886(n)(6)(A)'' and inserting
``1886(n)(6)(B)''.
(c) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the amendments made by this section by program instruction or
otherwise.
[[Page H9656]]
(d) Effective Date.--The amendments made by this section
shall apply as if included in the enactment of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5),
except that, in order to take into account delays in the
implementation of this section, in applying subsections
(b)(3)(B)(ix), (n)(2)(E)(ii), and (n)(2)(G)(i) of section
1886 of the Social Security Act, as amended by this section,
any reference in such subsections to a particular year shall
be treated with respect to a subsection (d) Puerto Rico
hospital as a reference to the year that is 5 years after
such particular year (or 7 years after such particular year
in the case of applying subsection (b)(3)(B)(ix) of such
section).
TITLE VII--FINANCIAL SERVICES
SEC. 701. TABLE OF CONTENTS.
The table of contents for this title is as follows:
Sec. 701. Table of contents.
Sec. 702. Limitations on sale of preferred stock.
Sec. 703. Confidentiality of information shared between State and
Federal financial services regulators.
Sec. 704. Application of FACA.
Sec. 705. Treatment of affiliate transactions.
Sec. 706. Ensuring the protection of insurance policyholders.
Sec. 707. Limitation on SEC funds.
Sec. 708. Elimination of reporting requirement.
Sec. 709. Extension of Hardest Hit Fund; Termination of Making Home
Affordable initiative.
SEC. 702. LIMITATIONS ON SALE OF PREFERRED STOCK.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(2) Senior preferred stock purchase agreement.--The term
``Senior Preferred Stock Purchase Agreement'' means--
(A) the Amended and Restated Senior Preferred Stock
Purchase Agreement, dated September 26, 2008, as such
Agreement has been amended on May 6, 2009, December 24, 2009,
and August 17, 2012, respectively, and as such Agreement may
be further amended and restated, entered into between the
Department of the Treasury and each enterprise, as
applicable; and
(B) any provision of any certificate in connection with
such Agreement creating or designating the terms, powers,
preferences, privileges, limitations, or any other conditions
of the Variable Liquidation Preference Senior Preferred Stock
of an enterprise issued or sold pursuant to such Agreement.
(b) Limitations on Sale of Preferred Stock.--
Notwithstanding any other provision of law or any provision
of the Senior Preferred Stock Purchase Agreement, until at
least January 1, 2018, the Secretary may not sell, transfer,
relinquish, liquidate, divest, or otherwise dispose of any
outstanding shares of senior preferred stock acquired
pursuant to the Senior Preferred Stock Purchase Agreement,
unless Congress has passed and the President has signed into
law legislation that includes a specific instruction to the
Secretary regarding the sale, transfer, relinquishment,
liquidation, divestiture, or other disposition of the senior
preferred stock so acquired.
(c) Sense of Congress.--It is the Sense of Congress that
Congress should pass and the President should sign into law
legislation determining the future of Fannie Mae and Freddie
Mac, and that notwithstanding the expiration of subsection
(b), the Secretary should not sell, transfer, relinquish,
liquidate, divest, or otherwise dispose of any outstanding
shares of senior preferred stock acquired pursuant to the
Senior Preferred Stock Purchase Agreement until such
legislation is enacted.
SEC. 703. CONFIDENTIALITY OF INFORMATION SHARED BETWEEN STATE
AND FEDERAL FINANCIAL SERVICES REGULATORS.
Section 1512(a) of the S.A.F.E. Mortgage Licensing Act of
2008 (12 U.S.C. 5111(a)) is amended by inserting ``or
financial services'' before ``industry''.
SEC. 704. APPLICATION OF FACA.
Section 1013 of the Consumer Financial Protection Act of
2010 (12 U.S.C. 5493) is amended by adding at the end the
following:
``(h) Application of FACA.--Notwithstanding any provision
of the Federal Advisory Committee Act (5 U.S.C. App.), such
Act shall apply to each advisory committee of the Bureau and
each subcommittee of such an advisory committee.''.
SEC. 705. TREATMENT OF AFFILIATE TRANSACTIONS.
(a) Commodity Exchange Act Amendments.--Section 2(h)(7)(D)
of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(D)) is
amended--
(1) by redesignating clause (iii) as clause (v);
(2) by striking clauses (i) and (ii) and inserting the
following:
``(i) In general.--An affiliate of a person that qualifies
for an exception under subparagraph (A) (including affiliate
entities predominantly engaged in providing financing for the
purchase of the merchandise or manufactured goods of the
person) may qualify for the exception only if the affiliate--
``(I) enters into the swap to hedge or mitigate the
commercial risk of the person or other affiliate of the
person that is not a financial entity, and the commercial
risk that the affiliate is hedging or mitigating has been
transferred to the affiliate;
``(II) is directly and wholly-owned by another affiliate
qualified for the exception under this subparagraph or an
entity that is not a financial entity;
``(III) is not indirectly majority-owned by a financial
entity;
``(IV) is not ultimately owned by a parent company that is
a financial entity; and
``(V) does not provide any services, financial or
otherwise, to any affiliate that is a nonbank financial
company supervised by the Board of Governors (as defined
under section 102 of the Financial Stability Act of 2010).
``(ii) Limitation on qualifying affiliates.--The exception
in clause (i) shall not apply if the affiliate is--
``(I) a swap dealer;
``(II) a security-based swap dealer;
``(III) a major swap participant;
``(IV) a major security-based swap participant;
``(V) a commodity pool;
``(VI) a bank holding company;
``(VII) a private fund, as defined in section 202(a) of the
Investment Advisers Act of 1940 (15 U.S.C. 80-b-2(a));
``(VIII) an employee benefit plan or government plan, as
defined in paragraphs (3) and (32) of section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002);
``(IX) an insured depository institution;
``(X) a farm credit system institution;
``(XI) a credit union;
``(XII) a nonbank financial company supervised by the Board
of Governors (as defined under section 102 of the Financial
Stability Act of 2010); or
``(XIII) an entity engaged in the business of insurance and
subject to capital requirements established by an insurance
governmental authority of a State, a territory of the United
States, the District of Columbia, a country other than the
United States, or a political subdivision of a country other
than the United States that is engaged in the supervision of
insurance companies under insurance law.
``(iii) Limitation on affiliates' affiliates.--Unless the
Commission determines, by order, rule, or regulation, that it
is in the public interest, the exception in clause (i) shall
not apply with respect to an affiliate if the affiliate is
itself affiliated with--
``(I) a major security-based swap participant;
``(II) a security-based swap dealer;
``(III) a major swap participant; or
``(IV) a swap dealer.
``(iv) Conditions on transactions.--With respect to an
affiliate that qualifies for the exception in clause (i)--
``(I) the affiliate may not enter into any swap other than
for the purpose of hedging or mitigating commercial risk; and
``(II) neither the affiliate nor any person affiliated with
the affiliate that is not a financial entity may enter into a
swap with or on behalf of any affiliate that is a financial
entity or otherwise assume, net, combine, or consolidate the
risk of swaps entered into by any such financial entity,
except one that is an affiliate that qualifies for the
exception under clause (i).''; and
(3) by adding at the end the following:
``(vi) Risk management program.--Any swap entered into by
an affiliate that qualifies for the exception in clause (i)
shall be subject to a centralized risk management program of
the affiliate, which is reasonably designed both to monitor
and manage the risks associated with the swap and to identify
each of the affiliates on whose behalf a swap was entered
into.''.
(b) Securities Exchange Act of 1934 Amendment.--Section
3C(g)(4) of the Securities Exchange Act of 1934 (15 U.S.C.
78c-3(g)(4)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (E);
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) In general.--An affiliate of a person that qualifies
for an exception under this subsection (including affiliate
entities predominantly engaged in providing financing for the
purchase of the merchandise or manufactured goods of the
person) may qualify for the exception only if the affiliate--
``(i) enters into the security-based swap to hedge or
mitigate the commercial risk of the person or other affiliate
of the person that is not a financial entity, and the
commercial risk that the affiliate is hedging or mitigating
has been transferred to the affiliate;
``(ii) is directly and wholly-owned by another affiliate
qualified for the exception under this paragraph or an entity
that is not a financial entity;
``(iii) is not indirectly majority-owned by a financial
entity;
``(iv) is not ultimately owned by a parent company that is
a financial entity; and
``(v) does not provide any services, financial or
otherwise, to any affiliate that is a nonbank financial
company supervised by the Board of Governors (as defined
under section 102 of the Financial Stability Act of 2010).
``(B) Limitation on qualifying affiliates.--The exception
in subparagraph (A) shall not apply if the affiliate is--
``(i) a swap dealer;
``(ii) a security-based swap dealer;
``(iii) a major swap participant;
``(iv) a major security-based swap participant;
``(v) a commodity pool;
``(vi) a bank holding company;
[[Page H9657]]
``(vii) a private fund, as defined in section 202(a) of the
Investment Advisers Act of 1940 (15 U.S.C. 80-b-2(a));
``(viii) an employee benefit plan or government plan, as
defined in paragraphs (3) and (32) of section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002);
``(ix) an insured depository institution;
``(x) a farm credit system institution;
``(xi) a credit union;
``(xii) a nonbank financial company supervised by the Board
of Governors (as defined under section 102 of the Financial
Stability Act of 2010); or
``(xiii) an entity engaged in the business of insurance and
subject to capital requirements established by an insurance
governmental authority of a State, a territory of the United
States, the District of Columbia, a country other than the
United States, or a political subdivision of a country other
than the United States that is engaged in the supervision of
insurance companies under insurance law.
``(C) Limitation on affiliates' affiliates.--Unless the
Commission determines, by order, rule, or regulation, that it
is in the public interest, the exception in subparagraph (A)
shall not apply with respect to an affiliate if such
affiliate is itself affiliated with--
``(i) a major security-based swap participant;
``(ii) a security-based swap dealer;
``(iii) a major swap participant; or
``(iv) a swap dealer.
``(D) Conditions on transactions.--With respect to an
affiliate that qualifies for the exception in subparagraph
(A)--
``(i) such affiliate may not enter into any security-based
swap other than for the purpose of hedging or mitigating
commercial risk; and
``(ii) neither such affiliate nor any person affiliated
with such affiliate that is not a financial entity may enter
into a security-based swap with or on behalf of any affiliate
that is a financial entity or otherwise assume, net, combine,
or consolidate the risk of security-based swaps entered into
by any such financial entity, except one that is an affiliate
that qualifies for the exception under subparagraph (A).'';
and
(3) by adding at the end the following:
``(F) Risk management program.--Any security-based swap
entered into by an affiliate that qualifies for the exception
in subparagraph (A) shall be subject to a centralized risk
management program of the affiliate, which is reasonably
designed both to monitor and manage the risks associated with
the security-based swap and to identify each of the
affiliates on whose behalf a security-based swap was entered
into.''.
SEC. 706. ENSURING THE PROTECTION OF INSURANCE POLICYHOLDERS.
(a) Source of Strength.--Section 38A of the Federal Deposit
Insurance Act (12 U.S.C. 1831o-1) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Authority of State Insurance Regulator.--
``(1) In general.--The provisions of section 5(g) of the
Bank Holding Company Act of 1956 (12 U.S.C. 1844(g)) shall
apply to a savings and loan holding company that is an
insurance company, an affiliate of an insured depository
institution that is an insurance company, and to any other
company that is an insurance company and that directly or
indirectly controls an insured depository institution, to the
same extent as the provisions of that section apply to a bank
holding company that is an insurance company.
``(2) Rule of construction.--Requiring a bank holding
company that is an insurance company, a savings and loan
holding company that is an insurance company, an affiliate of
an insured depository institution that is an insurance
company, or any other company that is an insurance company
and that directly or indirectly controls an insured
depository institution to serve as a source of financial
strength under this section shall be deemed an action of the
Board that requires a bank holding company to provide funds
or other assets to a subsidiary depository institution for
purposes of section 5(g) of the Bank Holding Company Act of
1956 (12 U.S.C. 1844(g)).''.
(b) Liquidation Authority.--The Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.)
is amended--
(1) in section 203(e)(3) (12 U.S.C. 5383(e)(3)), by
inserting ``or rehabilitation'' after ``orderly liquidation''
each place that term appears; and
(2) in section 204(d)(4) (12 U.S.C. 5384(d)(4)), by
inserting before the semicolon at the end the following: ``,
except that, if the covered financial company or covered
subsidiary is an insurance company or a subsidiary of an
insurance company, the Corporation--
``(A) shall promptly notify the State insurance authority
for the insurance company of the intention to take such lien;
and
``(B) may only take such lien--
``(i) to secure repayment of funds made available to such
covered financial company or covered subsidiary; and
``(ii) if the Corporation determines, after consultation
with the State insurance authority, that such lien will not
unduly impede or delay the liquidation or rehabilitation of
the insurance company, or the recovery by its
policyholders''.
SEC. 707. LIMITATION ON SEC FUNDS.
None of the funds made available by any division of this
Act shall be used by the Securities and Exchange Commission
to finalize, issue, or implement any rule, regulation, or
order regarding the disclosure of political contributions,
contributions to tax exempt organizations, or dues paid to
trade associations.
SEC. 708. ELIMINATION OF REPORTING REQUIREMENT.
Paragraph (6) of section 21(h) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u(h)) is repealed.
SEC. 709. EXTENSION OF HARDEST HIT FUND; TERMINATION OF
MAKING HOME AFFORDABLE INITIATIVE.
(a) Extension of Hardest Hit Fund.--Section 120(b) of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5230(b)) is amended by inserting after the period at the end
the following: ``Notwithstanding the foregoing, the Secretary
may further extend the authority provided under this Act to
expire on December 31, 2017, provided that (1) any such
extension shall apply only with respect to current program
participants in the Housing Finance Agency Innovation Fund
for the Hardest Hit Housing Markets, and (2) funds obligated
following such extension shall not exceed $2,000,000,000.''.
(b) Termination.--
(1) In general.--The Making Home Affordable initiative of
the Secretary of the Treasury, as authorized under the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201
et seq.), shall terminate on December 31, 2016.
(2) Applicability.--Paragraph (1) shall not apply to any
loan modification application made under the Home Affordable
Modification Program under the Making Home Affordable
initiative of the Secretary of the Treasury, as authorized
under the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5201 et seq.), before December 31, 2016.
TITLE VIII--LAND AND WATER CONSERVATION FUND
SEC. 801. LAND AND WATER CONSERVATION FUND.
(a) Reauthorization.--Section 200302 of title 54, United
States Code, is amended--
(1) in subsection (b), in the language preceding paragraph
(1), by striking ``September 30, 2015'' and inserting
``September 30, 2018''; and
(2) in subsection (c)(1), by striking ``September 30,
2015'' and inserting ``September 30, 2018''.
(b) Prohibition on Use of Condemnation or Eminent Domain.--
Except as provided by subsection (c), for fiscal years 2016,
2017, and 2018, unless otherwise provided by division G of
this Act or an Act enacted after this Act making
appropriations for the Department of the Interior,
Environment, and Related Agencies, no funds appropriated by
such division or Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations.
(c) Exception for Everglades.--Hereafter, subsection (b)
shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of
1989, or to funds appropriated for Federal assistance to the
State of Florida to acquire lands for Everglades restoration
purposes.
TITLE IX--NATIONAL OCEANS AND COASTAL SECURITY
SEC. 901. SHORT TITLE.
This title may be cited as the ``National Oceans and
Coastal Security Act''.
SEC. 902. DEFINITIONS.
In this title:
(1) Coastal county.--The term ``coastal county'' has the
meaning given the term by the National Oceanic and
Atmospheric Administration in the document entitled ``NOAA's
List of Coastal Counties for the Bureau of the Census'' (or
similar successor document).
(2) Coastal state.--The term ``coastal State'' has the
meaning given the term ``coastal state'' in section 304 of
the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation established by section 2(a) of
the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3701(a)).
(4) Fund.--The term ``Fund'' means the National Oceans and
Coastal Security Fund established under section 904(a).
(5) Indian tribe.--The term ``Indian tribe'' means any
federally recognized Indian tribe.
(6) Administrator.--Except as otherwise specifically
provided, the term ``Administrator'' means the Under
Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
(7) Tidal shoreline.--The term ``tidal shoreline'' has the
meaning given that term pursuant to section 923.110(c)(2)(i)
of title 15, Code of Federal Regulations, or a similar
successor regulation.
SEC. 903. PURPOSES AND AGREEMENTS.
(a) Purposes.--The purposes of this title are to better
understand and utilize the oceans, coasts, and Great Lakes of
the United States, and ensure present and future generations
will benefit from the full range of ecological, economic,
social, and recreational opportunities, security, and
services these resources are capable of providing.
[[Page H9658]]
(b) Agreements.--The Administrator and the Foundation may
enter into such agreements as may be necessary to carry out
the purposes of this title.
SEC. 904. NATIONAL OCEANS AND COASTAL SECURITY FUND.
(a) Establishment.--The Administrator and the Foundation
are authorized to establish the National Oceans and Coastal
Security Fund as a tax exempt fund to further the purposes of
this title.
(b) Deposits.--
(1) In general.--There shall be deposited into the Fund
amounts appropriated or otherwise made available to carry out
this title.
(2) Prohibitions on donations from foreign governments.--No
amounts donated by a foreign government, as defined in
section 7342 of title 5, United States Code, may be deposited
into the Fund.
(c) Requirements.--Any amounts received by the Foundation
pursuant to this title shall be subject to the provisions of
the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3701 et seq.), except the provisions of--
(1) section 4(e)(1)(B) of that Act (16 U.S.C.
3703(e)(1)(B)); and
(2) section 10(a) of that Act (16 U.S.C. 3709(a)).
(d) Expenditure.--Of the amounts deposited into the Fund
for each fiscal year--
(1) funds may be used by the Foundation to award grants to
coastal States under section 906(b);
(2) funds may be used by the Foundation to award grants
under section 906(c);
(3) no more than 2 percent may be used by the Administrator
and the Foundation for administrative expenses to carry out
this title, which amount shall be divided between the
Administrator and the Foundation pursuant to an agreement
reached and documented by both the Administrator and the
Foundation.
(e) Recovery of Payments.--After notice and an opportunity
for a hearing, the Administrator is authorized to recover any
Federal payments under this section if the Foundation--
(1) makes a withdrawal or expenditure from the Fund that is
not consistent with the requirements of section 905; or
(2) fails to comply with a procedure, measure, method, or
standard established under section 906(a)(1).
SEC. 905. ELIGIBLE USES.
(a) In General.--Amounts in the Fund may be allocated by
the Foundation to support programs and activities intended to
better understand and utilize ocean and coastal resources and
coastal infrastructure, including baseline scientific
research, ocean observing, and other programs and activities
carried out in coordination with Federal and State
departments or agencies.
(b) Prohibition on Use of Funds for Litigation or Other
Purposes.--No funds made available under this title may be
used to--
(1) fund litigation against the Federal Government; or
(2) fund the creation of national marine monuments and
marine protected areas, marine spatial planning, or the
National Ocean Policy.
SEC. 906. GRANTS.
(a) Administration of Grants.--
(1) In general.--Not later than 90 days after funds are
deposited into the Fund and made available to the Foundation
for administrative purposes, the Foundation shall establish
the following:
(A) Application and review procedures for the awarding of
grants under this section, including requirements ensuring
that any amounts awarded under such subsections may only be
used for an eligible use described under section 905.
(B) Selection procedures and criteria for the awarding of
grants under this section that--
(i) require consultation with the Administrator and the
Secretary of the Interior; and
(ii) prioritize the projects or activities where non-
Federal partners have committed to share the cost of the
project.
(C) Eligibility criteria for awarding grants--
(i) under subsection (b) to coastal States; and
(ii) under subsection (c) to--
(I) entities including States, local governments, and
Indian tribes; and
(II) the research and restoration work of associations,
nongovernmental organizations, public-private partnerships,
and academic institutions.
(D) Performance accountability and monitoring measures for
programs and activities funded by a grant awarded under
subsection (b) or (c).
(E) Procedures and methods to ensure accurate accounting
and appropriate administration of grants awarded under this
section, including standards of recordkeeping.
(F) Procedures to carry out audits of the Fund as
necessary, but not less frequently than once every year if
grants have been awarded in that year.
(G) Procedures to carry out audits of the recipients of
grants under this section.
(H) Procedures to make publicly available on the Internet a
list of all projects funded by the Fund, that includes at a
minimum the grant recipient, grant amount, project
description, and project status.
(2) Approval.--The Foundation shall submit to the
Administrator for approval each procedure, measure, method,
and standard established under paragraph (1).
(b) Grants to Coastal States.--
(1) In general.--The Administrator and the Foundation may
award grants according to the procedures established in
subsection (a) to coastal States and United States
territories to support activities consistent with section
904. In determining distribution of grants, the Foundation
may--
(A) consider for each State--
(i) percent of total United States shoreline miles;
(ii) coastal population density; and
(iii) other factors;
(B) establish criteria for States, including the
requirement for a State to establish a plan to distribute the
funds; and
(C) establish a maximum and minimum percentage of funding
to be awarded to each State or United States territory.
(2) Indian tribes.--As a condition on receipt of a grant
under this subsection, a State that receives a grant under
this subsection shall ensure that Indian tribes in the State
are eligible to participate in any competitive grants
established in this title.
(c) National Grants for Oceans, Coasts, and Great Lakes.--
(1) In general.--The Administrator and the Foundation may
award grants according to the procedures established in
subsection (a) to support activities consistent with section
905.
(2) Advisory panel.--
(A) In general.--The Foundation may establish an advisory
panel to conduct reviews of applications for grants under
paragraph (1) and the Foundation may consider the
recommendations of the advisory panel with respect to such
applications.
(B) Membership.--The advisory panel described under
subparagraph (A) shall include persons representing--
(i) ocean and coastal dependent industries;
(ii) geographic regions as defined by the Foundation; and
(iii) academic institutions.
SEC. 907. ANNUAL REPORT.
(a) Requirement for Annual Report.--Subject to subsection
(c), beginning with fiscal year 2017, not later than 60 days
after the end of each fiscal year, the Foundation shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Natural
Resources of the House of Representatives a report on the
operation of the Fund during that fiscal year.
(b) Content.--Each annual report submitted under subsection
(a) for a fiscal year shall include--
(1) a full and complete statement of the receipts,
including the source of all receipts, expenditures, and
investments of the Fund;
(2) a statement of the amounts deposited in the Fund and
the balance remaining in the Fund at the end of the fiscal
year; and
(3) a description of the expenditures made from the Fund
for the fiscal year, including the purpose of the
expenditures.
SEC. 908. FUNDING.
There is authorized to be appropriated such sums as are
necessary for fiscal years 2017, 2018, and 2019 for this
title.
TITLE X--BUDGETARY PROVISIONS
SEC. 1001. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of
division M and each succeeding division shall not be entered
on either PAYGO scorecard maintained pursuant to section 4(d)
of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of
division M and each succeeding division hall not be entered
on any PAYGO scorecard maintained for purposes of section 201
of S. Con. Res. 21 (110th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of division M and each succeeding
division shall not be estimated--
(1) for purposes of section 251 of the such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
SEC. 1002. AUTHORITY TO MAKE ADJUSTMENT IN FY 2016
ALLOCATION.
(a) In General.--After the date of enactment of this Act,
the chair of the Committee on the Budget of the House of
Representatives may revise appropriate allocations,
aggregates, and levels established by Senate Concurrent
Resolution 11 (114th Congress) to achieve consistency with
the Bipartisan Budget Act of 2015.
(b) Exercise of Rulemaking Powers.--The House adopts the
provisions of this section--
(1) as an exercise of the rulemaking power of the House of
Representatives and as such they shall be considered as part
of the rules of the House of Representatives, and these rules
shall supersede other rules only to the extent that they are
inconsistent with other such rules; and
(2) with full recognition of the constitutional right of
the House of Representatives to change those rules at any
time, in the same manner, and to the same extent as in the
case of any other rule of the House of Representatives.
SEC. 1003. ESTIMATES.
Section 251(a)(7)(B) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(a)(7)(B)) is
amended in the first
[[Page H9659]]
sentence by striking ``the CBO estimate of that legislation,
an OMB estimate of the amount of discretionary new budget
authority and outlays'' and inserting ``both the CBO and OMB
estimates of the amount of discretionary new budget
authority''.
TITLE XI--IRAQ LOAN AUTHORITY
SEC. 1101. IRAQ LOAN AUTHORITY.
(a) Authority.--During fiscal year 2016, direct loans under
section 23 of the Arms Export Control Act may be made
available for Iraq, gross obligations for the principal
amounts of which shall not exceed $2,700,000,000: Provided,
That funds appropriated under the heading ``Foreign Military
Financing Program'' in title VIII of the Department of State,
Foreign Operations and Related Programs Appropriations Act,
2016 that are 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, may be made available for the
costs, as defined in section 502 of the Congressional Budget
Act of 1974, of direct loans, except that such funds may not
be derived from amounts specifically designated by such Acts
for countries other than Iraq: Provided further, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974, and may include the costs of selling, reducing, or
cancelling any amounts owed to the United States or any
agency of the United States by Iraq: Provided further, That
the Government of the United States may charge fees for such
loans, which shall be collected from borrowers in accordance
with section 502(7) of the Congressional Budget Act of 1974:
Provided further, That no funds made available to Iraq by the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2016 or previous appropriations Acts may
be used for payment of any fees associated with such loans:
Provided further, That applicable provisions of section 3 of
the Arms Export Control Act relating to restrictions on
transfers, re-transfers and end-use shall apply to defense
articles and services purchased with such loans: Provided
further, That, in consultation with the Government of Iraq,
special emphasis shall be placed on assistance to covered
groups (as defined in section 1223(e)(2)(D) of Public Law
114-92) with the loans made available pursuant to this
paragraph: Provided further, That such loans shall be repaid
in not more than 12 years, including a grace period of up to
1 year on repayment of principal.
(b) Consultation and Notification.--Funds made available
pursuant to this section shall be subject to prior
consultation with the appropriate congressional committees,
and subject to the regular notification procedures of the
Committees on Appropriations.
(c) Committees.--For the purposes of this section, the
terms ``appropriate congressional committees'' and
``Committees on Appropriations'' have the same meaning as
used in the Department of State, Foreign Operations and
Related Programs Appropriations Act, 2016.
(d) Budgetary Effects.--Section 1001 of title X of this
division shall not apply to this section.
DIVISION P--TAX-RELATED PROVISIONS
SEC. 1. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 1. Table of contents.
TITLE I--HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE EXCISE TAX
PROVISIONS
Sec. 101. Delay of excise tax on high cost employer-sponsored health
coverage.
Sec. 102. Deductibility of excise tax on high cost employer-sponsored
health coverage.
Sec. 103. Study on suitable benchmarks for age and gender adjustment of
excise tax on high cost employer-sponsored health
coverage.
TITLE II--ANNUAL FEE ON HEALTH INSURANCE PROVIDERS
Sec. 201. Moratorium on annual fee on health insurance providers.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Extension and phaseout of credits for wind facilities.
Sec. 302. Extension of election to treat qualified facilities as energy
property.
Sec. 303. Extension and phaseout of solar energy credit.
Sec. 304. Extension and phaseout of credits with respect to qualified
solar electric property and qualified solar water heating
property.
Sec. 305. Treatment of transportation costs of independent refiners.
TITLE I--HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE EXCISE TAX
PROVISIONS
SEC. 101. DELAY OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED
HEALTH COVERAGE.
(a) In General.--Sections 9001(c) and 10901(c) of the
Patient Protection and Affordable Care Act, as amended by
section 1401(b) of the Health Care and Education
Reconciliation Act of 2010, are each amended by striking
``2017'' and inserting ``2019''.
(b) Conforming Amendment.--Clause (v) of section
4980I(b)(3)(C) of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``as in effect'' and inserting ``as
determined for'', and
(2) by striking ``as so in effect'' and inserting ``as so
determined''.
SEC. 102. DEDUCTIBILITY OF EXCISE TAX ON HIGH COST EMPLOYER-
SPONSORED HEALTH COVERAGE.
Paragraph (10) of section 4980I(f) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(10) Deductibility of tax.--Section 275(a)(6) shall not
apply to the tax imposed by subsection (a).''.
SEC. 103. STUDY ON SUITABLE BENCHMARKS FOR AGE AND GENDER
ADJUSTMENT OF EXCISE TAX ON HIGH COST EMPLOYER-
SPONSORED HEALTH COVERAGE.
Not later than 18 months after the date of the enactment of
this Act, the Comptroller General of the United States, in
consultation with the National Association of Insurance
Commissioners, shall report to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives on--
(1) the suitability of the use (in effect under section
4980I(b)(3)(C)(iii)(II) of the Internal Revenue Code of 1986
as of the date of the enactment of this Act) of the premium
cost of the Blue Cross/Blue Shield standard benefit option
under the Federal Employees Health Benefits Plan as a
benchmark for the age and gender adjustment of the applicable
dollar limit with respect to the excise tax on high cost
employer-sponsored health coverage under section 4980I of the
Internal Revenue Code of 1986; and
(2) recommendations regarding any more suitable benchmarks
for such age and gender adjustment.
TITLE II--ANNUAL FEE ON HEALTH INSURANCE PROVIDERS
SEC. 201. MORATORIUM ON ANNUAL FEE ON HEALTH INSURANCE
PROVIDERS.
Subsection (j) of section 9010 of the Patient Protection
and Affordable Care Act is amended to read as follows:
``(j) Effective Date.--This section shall apply to calendar
years--
``(1) beginning after December 31, 2013, and ending before
January 1, 2017, and
``(2) beginning after December 31, 2017.''.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. EXTENSION AND PHASEOUT OF CREDITS FOR WIND
FACILITIES.
(a) In General.--
(1) Extension.--Paragraph (1) of section 45(d) of the
Internal Revenue Code of 1986 is amended by striking
``January 1, 2015'' and inserting ``January 1, 2020''.
(2) Phaseout.--Subsection (b) of section 45 of such Code is
amended by adding at the end the following new paragraph:
``(5) Phaseout of credit for wind facilities.--In the case
of any facility using wind to produce electricity, the amount
of the credit determined under subsection (a) (determined
after the application of paragraphs (1), (2), and (3) and
without regard to this paragraph) shall be reduced by--
``(A) in the case of any facility the construction of which
begins after December 31, 2016, and before January 1, 2018,
20 percent,
``(B) in the case of any facility the construction of which
begins after December 31, 2017, and before January 1, 2019,
40 percent, and
``(C) in the case of any facility the construction of which
begins after December 31, 2018, and before January 1, 2020,
60 percent.''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2015.
SEC. 302. EXTENSION OF ELECTION TO TREAT QUALIFIED FACILITIES
AS ENERGY PROPERTY.
(a) In General.--Clause (ii) of section 48(a)(5)(C) is
amended by inserting ``(January 1, 2020, in the case of any
facility which is described in paragraph (1) of section
45(d))'' before ``, and''.
(b) Phaseout for Wind Facilities.--Paragraph (5) of section
48(a) is amended by adding at the end the following new
subparagraph:
``(E) Phaseout of credit for wind facilities.--In the case
of any facility using wind to produce electricity, the amount
of the credit determined under this section (determined after
the application of paragraphs (1) and (2) and without regard
to this subparagraph) shall be reduced by--
``(i) in the case of any facility the construction of which
begins after December 31, 2016, and before January 1, 2018,
20 percent,
``(ii) in the case of any facility the construction of
which begins after December 31, 2017, and before January 1,
2019, 40 percent, and
``(iii) in the case of any facility the construction of
which begins after December 31, 2018, and before January 1,
2020, 60 percent.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2015.
SEC. 303. EXTENSION AND PHASEOUT OF SOLAR ENERGY CREDIT.
(a) Extension.--Subclause (II) of section 48(a)(2)(A)(i) of
the Internal Revenue Code of 1986 is amended by striking
``periods ending before January 1, 2017'' and inserting
``property the construction of which begins before January 1,
2022''.
(b) Phaseout for Solar Energy Property.--Subsection (a) of
section 48 of such Code is amended by adding at the end the
following new paragraph:
[[Page H9660]]
``(6) Phaseout for solar energy property.--
``(A) In general.--Subject to subparagraph (B), in the case
of any energy property described in paragraph (3)(A)(i) the
construction of which begins before January 1, 2022, the
energy percentage determined under paragraph (2) shall be
equal to--
``(i) in the case of any property the construction of which
begins after December 31, 2019, and before January 1, 2021,
26 percent, and
``(ii) in the case of any property the construction of
which begins after December 31, 2020, and before January 1,
2022, 22 percent.
``(B) Placed in service deadline.--In the case of any
property energy property described in paragraph (3)(A)(i) the
construction of which begins before January 1, 2022, and
which is not placed in service before January 1, 2024, the
energy percentage determined under paragraph (2) shall be
equal to 10 percent.''.
(c) Conforming Amendment.--Subparagraph (A) of section
48(a)(2) of such Code is amended by striking ``The energy
percentage'' and inserting ``Except as provided in paragraph
(6), the energy percentage''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 304. EXTENSION AND PHASEOUT OF CREDITS WITH RESPECT TO
QUALIFIED SOLAR ELECTRIC PROPERTY AND QUALIFIED
SOLAR WATER HEATING PROPERTY.
(a) In General.--Section 25D of the Internal Revenue Code
of 1986 is amended--
(1) in paragraphs (1) and (2) of subsection (a), by
striking ``30 percent'' each place it appears and inserting
``the applicable percentage'',
(2) in subsection (g), by inserting ``(December 31, 2021,
in the case of any qualified solar electric property
expenditures and qualified solar water heating property
expenditures)'' before the period at the end,
(3) by redesignating subsection (g), as amended by
paragraph (2), as subsection (h), and
(4) by inserting after subsection (f) the following new
subsection:
``(g) Applicable Percentage.--For purposes of paragraphs
(1) and (2) of subsection (a), the applicable percentage
shall be--
``(1) in the case of property placed in service after
December 31, 2016, and before January 1, 2020, 30 percent,
``(2) in the case of property placed in service after
December 31, 2019, and before January 1, 2021, 26 percent,
and
``(3) in the case of property placed in service after
December 31, 2020, and before January 1, 2022, 22 percent.''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2017.
SEC. 305. TREATMENT OF TRANSPORTATION COSTS OF INDEPENDENT
REFINERS.
(a) In General.--Paragraph (3) of section 199(c) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(C) Transportation costs of independent refiners.--
``(i) In general.--In the case of any taxpayer who is in
the trade or business of refining crude oil and who is not a
major integrated oil company (as defined in section
167(h)(5)(B), determined without regard to clause (iii)
thereof) for the taxable year, in computing oil related
qualified production activities income under subsection
(d)(9)(B), the amount allocated to domestic production gross
receipts under paragraph (1)(B) for costs related to the
transportation of oil shall be 25 percent of the amount
properly allocable under such paragraph (determined without
regard to this subparagraph).
``(ii) Termination.--Clause (i) shall not apply to any
taxable year beginning after December 31, 2021.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2015.
The SPEAKER pro tempore. Pursuant to House Resolution 566, the
portion of the divided question comprising the amendment specified in
section 3(a) of House Resolution 566 shall now be considered.
This portion shall be debatable for 1 hour equally divided and
controlled by the chair and ranking minority member of the Committee on
Appropriations.
The gentleman from Kentucky (Mr. Rogers) and the gentlewoman from New
York (Mrs. Lowey) each will control 30 minutes.
The Chair recognizes the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise today to present amendment No. 1 to the Senate
amendment to H.R. 2029, the fiscal year 2016 consolidated
Appropriations Act, legislation that will fund the Federal Government
for the rest of this fiscal year.
This funding measure provides $1.149 trillion for critical government
programs and services. This is the level agreed to in the Bipartisan
Budget Act of 2015, which was enacted last month.
This funding meets the $548 billion defense and $518 billion
nondefense base budget caps. The omnibus contains full-year
appropriations legislation for each of the 12 annual appropriations
bills, weighing priorities and funding levels carefully to prevent
waste and promote an effective Federal Government.
The bill targets funding toward our national security, protecting
against cuts that would damage our military readiness, and securing our
homeland by strengthening our borders and prioritizing law enforcement.
The legislation also focuses funding on our veterans, providing
nearly a 10 percent increase for the Department of Veterans Affairs,
while addressing VA's problems with construction mismanagement and
disability claims backlogs.
It shores up other critical priorities, such as the National
Institutes of Health and the Centers for Disease Control, agricultural
research, and infrastructure.
The legislation also includes many policy items that will help rein
in bureaucratic overreach, protecting the rights of Americans, and
encouraging economic growth.
The legislation blocks administration proposals to impose new fees on
ranchers, air passengers, and the oil and gas industries.
The legislation protects free speech by ensuring that the IRS does
not suppress the civic participation of 501(c)(4) organizations.
The bill also preserves the sanctity of life by carrying all existing
pro-life policy and funding provisions from previous appropriations
bills. It adds new provisions prohibiting genetic editing of human
embryos and reduces UNFPA funding by 7 percent.
To prevent wasteful or questionable spending, the bill halts improper
behavior at Federal agencies, like making sure the IRS doesn't spend
any money on frivolous videos or conferences. Within the Labor-Health
and Human Services portion of the omnibus alone, the legislation
eliminates 17 duplicative and unnecessary programs--zero on 17.
The bill provides no new funding for expanded EPA regulatory
programs, instead holding EPA to its lowest funding level since 2008.
Finally, this bill includes a number of legislative provisions: the
James Zadroga 9/11 Health and Compensation Act, the Visa Waiver Program
Improvement and Terrorist Travel Prevention Act, and the Intelligence
Authorization Act, among others.
Importantly, it includes legislation to lift the 40-year ban on crude
oil exports, a huge win for our economy and job creation.
The package reflects a hard-fought, fair compromise, and I believe my
colleagues on both sides of the aisle should support it.
The road to this final bill has not been without its bumps and
obstacles, but I am proud we have finally come to a solution. It has
been a long, hard odyssey. Although one big catchall bill like this
omnibus is not the ideal way to conduct business in this House, the
legislation will do the important work of funding our Federal
Government and preventing a shutdown.
Let me add that it would be enormously helpful if, in the other body,
they would change their procedures and rules so that, on an
appropriations bill funding the basic level of government, the Senate
would act in an expeditious way to allow these bills to come up over
there without the 60-vote requirement.
Before I close, Mr. Speaker, I want to thank my entire committee and,
in particular, the hardworking staff for their tireless efforts on this
legislation. Most of them, Mr. Speaker, have not had a day off since
before Thanksgiving. They have sacrificed their family time, their
holiday dinners, countless hours of no sleep in order to bring this
bill to the floor. Their hard work has resulted in a good bill, and I
am proud to support it today.
I also want to thank my counterpart, the ranking member of this
committee, Mrs. Lowey, for her commitment to getting this done. She has
been fair. She has been conscientious, a good partner throughout this
process, and I look forward to continuing to work together in this vein
this coming year.
Lastly, Mr. Speaker, I want to take a moment to commemorate one of
our dear staff, Chuck Turner, and his decades of service to the
Appropriations Committee and to this House. Chuck,
[[Page H9661]]
sadly, passed away on December 8, but he leaves his final mark on this
institution in the form of the Legislative Branch Appropriations bill
that is a part of this bill. His presence will be deeply missed in the
Halls of this Capitol and in our rows of friends.
Mr. Speaker, I look forward to putting to bed our fiscal 2016
appropriations work and turning toward next year, which, with any luck,
will come in on time and under regular order.
I urge my colleagues on both sides of the aisle to support this bill.
I reserve the balance of my time.
{time} 1330
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
First, I also wish to join my chairman in mourning the loss of one of
our majority committee staffers, Chuck Turner, who died earlier this
month. Chuck's passing is a true loss for our committee.
In the final hours of session for this year, we may finally be
concluding this year's appropriations process. It hasn't been an easy
year, but I do want to thank Chairman Rogers, my partner in this
effort, and the staff for their hard work to put together spending
bills following the 2-years budget agreement.
I am disappointed, however, that the majority attached a repeal of
the oil export ban to this omnibus spending bill. Such a major policy
change should not be added at the last minute on a must-pass bill to
keep government open.
It is especially disappointing that we could lift the oil export ban
in this bill and, yet, we don't address the urgent bankruptcy crisis
facing Puerto Rico. It remains a priority to me and my Democratic
colleagues, and we must continue all efforts to reach an agreement as
soon as possible.
I am pleased that this bill drops more than 150 extraneous policy
provisions, many of which would have caused a White House veto. Gone
are dozens of attacks on women's health, labor protections, consumer
financial protection, the Clean Air Act, and the Clean Water Act.
I was, however, disappointed that we were unable to reverse a 19-
year-old prohibition on Federal funding for the research of gun
violence. It should have been removed from the Labor-HHS appropriations
bill years ago.
The budget agreement enacted in November provided additional funding,
allowing us to make critical investments, reflecting Democratic values.
Major increases have been made to the National Institutes of Health,
Head Start, energy research, infrastructure investments through the
Army Corps of Engineers, COPS hiring, nutrition funding, and many more
important priorities. We were also able to prevent steep cuts to the
Environmental Protection Agency, another agency frequently targeted by
some in the House majority.
Also of great importance, the omnibus package carries the 9/11 Victim
Compensation Fund to ensure we care for those who responded bravely on
that tragic day and are now sick as a result. I appreciate the
bipartisan efforts of all those involved to make sure this legislation
was included.
In addition, on the State and Foreign Operations division of this
bill, while there are many provisions that I do support, I am
frustrated by the punitive cut of $2.5 million to UNFPA and the
continued attack on women's health.
I am pleased that this bill sustains our commitment to embassy and
diplomatic security and continues the unwavering support and robust
funding for our close allies and partners, Israel and Jordan.
We also reaffirm our commitment to basic education and investments in
global health, including PEPFAR, the Global Fund, the Global Alliance
for Vaccines and Immunization, nutrition, maternal and child health, as
well as programs to combat tuberculosis, malaria, and pandemic threats.
In closing, I would have to call this package a mixed bag. While it
fails to address several key priorities and wrongly includes a giveaway
to the oil industry, it advances important investments that make our
communities safer, improves access for early childhood education and
child care, increases funding for K-12 education and Pell grants, and
invests in job creation by supporting biomedical research and small
businesses. Our country will be stronger as a result of these
investments. I support this compromise legislation.
I also, in closing, want to thank the staff. The staff has worked day
and night to put this bill together, including David Pomerantz, Lesley
Turner, and the entire minority appropriations staff; Will Smith and
Jim Kulikowski on the majority staff; and Dick Meltzer on the leader's
staff.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to the
gentleman from New Jersey (Mr. Frelinghuysen), the chairman of our
Defense Subcommittee.
Mr. FRELINGHUYSEN. I thank the chairman for the time and for his
leadership and support, and that of Ms. Pelosi, for our men and women
in uniform, wherever they serve.
Mr. Speaker, in the wake of Paris and San Bernardino, the American
people are deeply concerned about their security. They wonder how and
where the next attack will occur, and they are turning to us to protect
them.
In an increasingly dangerous world, the Defense and Intelligence
portions of this act provide funding for our Armed Forces and our
intelligence community to confront the multiple threats we face across
the world, what some have described as the long war against extremism.
This measure includes a global war on terrorism title, overseas
contingency operations, to ensure that our military is agile, lethal,
and ready to address these threats, that they have the strength and
capability to defeat the rise of many Islamic terrorist groups
worldwide and deter potential aggressors, like Russia, China, North
Korea, and Iran.
Mr. Speaker, we share the concern of the Army, Navy, Air Force, and
Marines about the erosion of overall readiness in the force. To begin
this reinvestment, this bill provides $167 billion to fully fund
programs to prepare our forces for combat and other missions. Within
this funding, an additional $609 million over the President's budget
will help the services, particularly the Guard and Reserve.
In summary, Mr. Speaker, this package provides for our troops and
looks after their families and those who have been wounded in service
to our Nation. I would also add that this package offers the Department
of Defense, our intelligence community, and our defense industrial base
the stability and predictability they need and have sought.
Mr. Speaker, colleagues, it is the first responsibility of the
Congress under the Constitution to provide for a strong ``common
defense.'' In a world rife with crises and challenges, we do not know
where the next catastrophe or hot spot will erupt and how or when our
Armed Forces will be asked to respond, but we do know that America must
continue to lead. This bill enables that leadership. This bill deserves
our bipartisan support.
Mrs. LOWEY. Mr. Speaker, I yield to the gentleman from Washington
(Mr. McDermott) for a unanimous consent request.
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Speaker, I rise in opposition to this bill.
Mr. Speaker, I rise in opposition to the Omnibus spending agreement,
which contains harmful riders designed to undermine the Affordable Care
Act and jeopardize the privacy of the American people.
As a supporter of health reform, I am deeply disturbed by the
continuation of a provision that devastates the Administration's
ability to mitigate volatility in the insurance markets through the
risk corridor program.
The risk corridor program is one of three measures designed to
balance risk pools as more Americans become eligible for health
coverage. Far from ``insurance industry bailouts'' these are carefully
designed, temporary measures that are critical to making health reform
work.
In fact, they are modeled after programs that Republicans created to
support the Medicare Part D prescription drug benefit in 2003. My
colleagues on the other side of the aisle enthusiastically supported
these programs then, and continue to do so to this day.
But in a cynical effort to sabotage the insurance markets and
undermine the Affordable Care Act, my colleagues have inserted a
devastating rider that will continue to block the
[[Page H9662]]
Administration from shifting discretionary funds into the ACA risk
corridor program. Without these funds, the program will continue to be
badly underfunded, resulting in dramatic instability and potential
spikes in premiums around the country.
Furthermore, this bill also guts an important revenue-generating
measure through a delay in the Affordable Care Act's health insurance
premium tax.
Under the guise of providing tax relief, Republicans are deliberately
eliminating a key source of revenue that is essential to the
implementation of the law.
Despite what we may hear, this isn't being done for benevolent
reasons or out of concern for consumers. The reality is that it is yet
another effort to weaken the Affordable Care Act and make sure that the
insurance companies don't have to pay their fair share.
This is a pattern with this Congress, which at every turn undermine
and sabotage the law--simply to score political points.
By deliberately creating a spike in premiums and cutting off critical
sources of revenue such as the premium tax, they can then point the
finger at the ACA when the law is underfunded and consumers have to pay
more for their insurance.
This is a calculated and cynical example of legislative sabotage.
Furthermore, this bill includes a troubling rider that threatens the
privacy of the American people.
Also slipped into the Omnibus is the Cybersecurity Act of 2015--a so-
called compromise bill that gives liability protection to companies in
order to incentivize them to share information about cybersecurity
threats with the government.
However, the legislation undermines American's right to privacy,
provides companies with protection from law suits even when they are
grossly negligent and includes an overly broad Freedom of Information
Act exemption that is unnecessary and promotes potentially harmful
secrecy.
With our citizens spending more and more time online and storing ever
increasing amounts of personal data in the cloud, we should not
continue to expand the government's reach into our private lives.
We know the right path. Earlier this year, I had the opportunity to
vote for H.R. 1731, the National Cybersecurity Protection Advancement
Act. While it isn't a perfect bill, I believe it would enhance the
security of our networks while providing protections for American's
privacy.
Instead, House leadership has subverted reasoned, public debate in
favor of backroom deals. They've snuck their legislation into a must-
pass spending bill. This is not how major cybersecurity legislation
should be considered. It is a disservice to our responsibility to the
American people.
Because of these harmful riders I cannot support this bill.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Ohio (Ms. Kaptur), the ranking member of the Subcommittee on Energy and
Water Development, and Related Agencies.
Ms. KAPTUR. Mr. Speaker, this week marks progress in the return to
regular order. Although 4 months late and following the resignation of
former Speaker John Boehner, a victim of Republican gridlock, this
critical funding legislation deserves passage to avoid another shutdown
of the Federal Government.
This Congress must be disciplined and constructive, and I thank
Chairman Hal Rogers of Kentucky and Ranking Member Nita Lowey of New
York for leading our committee in that direction.
I want to thank our subcommittee chair, Mike Simpson, as well as
staff leads Donna Shahbaz and Taunja Berquam for absolutely stellar
work.
Our appropriations accounts constitute but a third of overall Federal
spending, about 30 percent. The appropriations accounts have been
shaved away for nearly 30 years now, down from 50 percent of cost for
running our Nation's most vital functions in prior decades. This has
meant cuts to everything from defense of our Nation at home and abroad
all the way to funding for critical lifesaving programs like clean
water modernization.
Just ask the people in Flint, Michigan, how it feels to have a water
emergency because the children and the adults are having to drink water
with lead. We can't continue to shortchange our appropriations
accounts.
Other committees beyond our own must act to grow our economy while
balancing our Nation's accounts: the Committee on the Budget, the tax
committee, and the authorizing committees.
Quite frankly, Congress ought to require the executive branch to
balance U.S. trade accounts, which have ballooned to $9 trillion in the
negative over the past quarter-century, creating such a drag on
economic growth.
Still, vast energy imports continue to represent the single largest
component of our trade deficit, and this bill promotes an energy and
water bill that tries to move our Nation forward despite all of this.
As 1 of 12 measures in the omnibus, our Energy and Water section
provides a strong pathway for American energy independence as well as
upgrades to vital port and water assets essential to life in America.
A $535 million increased investment at the Corps of Engineers will
keep our ports open for business and continue to clean our waterways.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. I yield an additional 1 minute to the gentlewoman.
Ms. KAPTUR. Mr. Speaker, there is $1.275 billion for the Bureau of
Reclamation for western drought response, WaterSMART programs, and
river restoration.
The increased funding for science is equally important, up to $5.3
billion, which will support American innovation, critical for
manufacturing competitiveness, and job creation.
The $2 billion in the bill for energy efficiency and renewable energy
sets us on a path toward greater energy independence.
Let me end with this. When our foes decide to flood our global market
with excess crude oil and push prices below $2 a gallon, they try to
snuff out emergency energy sectors like natural gas.
Our bill attempts to move America and the world in a different
direction. We don't want any more recessions caused by those who
control the spigot raising gas prices over $4 a gallon.
Though this bill is not perfect, it reflects a compromise. I urge my
colleagues to vote positively and support this measure to move America
forward again.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Texas (Ms. Granger), the very distinguished chairman
of the Subcommittee on State, Foreign Operations, and Related Programs.
Ms. GRANGER. Mr. Speaker, I rise in strong support of this omnibus
Appropriations bill. My top priority is to ensure we provide for our
national security. This omnibus does precisely that.
This is one of the most dangerous times in our history. We must
ensure that the United States remains not only the greatest country in
the world, but also the strongest.
The U.S. and our allies face threats from countries such as Iran,
Russia, China, and North Korea. Additionally, radical Islamic
terrorists, such as ISIS, continue to threaten everything we stand for.
As chair of the Subcommittee on State, Foreign Operations, and
Related Programs and vice chair of the Subcommittee on Defense
Appropriations, I am very proud of what this bill does to ensure
resources are available to counter these threats.
I have worked hard to ensure that our military has the tools it
needs. We fund the equipment required to confront our enemies head on,
and we take care of our soldiers, sailors, airmen, marines, and their
loved ones. Not only does this bill provide funds needed for training
and readiness, it also funds critical family services.
Assistance is provided for our allies, including Israel, Jordan,
Egypt, and Ukraine, who are our vital partners in this fight.
To address security issues closer to home, we prioritize funds for
counternarcotics and law enforcement assistance in Mexico, Colombia,
the Caribbean, and Central America, including funds to stem the flow of
unaccompanied children to our borders.
There are increased funds in the bill for embassy security and to
prevent and protect against future terrorist attacks, unrest, and other
acts of violence at home and abroad. The bill also contains provisions
that will make our foreign visitor visa system more secure.
Passage of this omnibus is critical to ensuring America can continue
to lead from the front in this very dangerous world. I want to thank
Chairman Rogers, Chairman Frelinghuysen, and Ranking Members Lowey and
Visclosky for their timeless work on this bill.
[[Page H9663]]
I urge a ``yes'' vote.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Connecticut (Ms. DeLauro), the distinguished ranking member of the
Subcommittee on Labor, Health and Human Services, Education, and
Related Agencies.
Ms. DeLAURO. Mr. Speaker, I rise in support of the omnibus
appropriations bill before this Chamber.
In many ways, this omnibus moves the Federal budget in the right
direction. It begins to leave behind the shortsighted policies of
austerity that have slowed our economic recovery.
But I am disappointed it does not go further. I am troubled that the
Labor-HHS-Education bill received only a fraction, about one-half of
its fair share of the $33 billion increase provided by the recent
budget deal.
{time} 1345
While we were successful on many fronts, the bill still does not
adequately fund many of our Nation's highest priorities.
I have also been fighting for years to remove a policy rider carried
in this bill that prevents the Centers for Disease Control from funding
research on gun violence. Even Congressman Dickey, who authored the
rider, is now opposed.
This bill, however, does begin to make incremental progress, and
there are many, many successes to highlight. It provides an additional
$2 billion for the NIH, which will boost efforts to develop cures to
improve our quality of life. It provides an increase of more than $300
million for the Centers for Disease Control, including $160 million to
address the growing threat of antibiotic-resistant bacteria. The bill
provides a much-needed increase of $326 million for child care and a
boost of $570 million for Head Start. These high-quality early learning
programs reduce inequality and narrow achievement gaps.
There are sizable increases of $455 million for special education,
$500 million for Title I grants to support disadvantaged students, and
nearly $200 million more than last year for job training and apprentice
programs.
But imagine if we had chosen to give labor, health, and education
programs the fair funding that they deserve this year. We could be
expanding access to high-quality child care and early childhood
education for more children and families in need. We could be funding
partnerships between community colleges and funding technical training
to develop the most highly skilled workforce in the world. We could
have provided the NIH with a bigger increase.
Tomorrow, I will vote to support this omnibus bill. It is a down
payment on reversing the austerity of the last few years. I urge my
colleagues to vote ``yes.''
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from Idaho (Mr. Simpson), the distinguished chairman of the
Energy and Water Development, and Related Agencies Subcommittee.
Mr. SIMPSON. Mr. Speaker, I would like to thank my ranking member,
Marcy Kaptur, for her hard work over the many months we have spent
preparing this bill for consideration today. I would also like to
acknowledge the work of our Senate partners, Lamar Alexander and Dianne
Feinstein.
There are a number of good reasons to vote for this bill, and many of
them are in the Energy and Water Development section. This bill
provides strong funding for our defense. It makes important
infrastructure investments that will keep America's waterways open for
business. And, this bill includes critical funding to ensure the
security of our Nation's electrical grid.
Weapons Activities, which provides funding to support our aging
nuclear weapons stockpile, is $660 million more than last year. This
includes full funding for critical warheads such as the B61 bomb and
the Long Range Standoff cruise missile. The Naval Reactors Program has
been increased by $141 million, including the full request for the
Ohio-class ballistic missile submarine replacement reactor.
Funding for the Army Corps of Engineers includes more than $1.2
million for HMTF activities--hitting the WRRDA target. The bill also
provides for full use of the annual IWTF revenues.
The bill rejects the President's proposal to finance renewable
energies at the expense of the energies that we rely on today, and
instead moves the country forward with a balanced, all-of-the-above
energy strategy that ensures that our constituents continue to have
reliable, affordable energy.
The bill also includes important funding for the Idaho National
Laboratory to continue programs to advance nuclear technologies and
ensures the safe and efficient use of nuclear energy now and in the
future.
The bill includes $162 million for research and development to
improve the resilience and reliability of the electric grid against
cybersecurity attacks and extreme weather events.
We also continue the commonsense provisions that were included in
last year's bill, such as prohibitions against changing the definition
of fill material and prohibitions against the implementation of new
light bulb efficiency standards, that protect consumer choice and
responsible commercial operations.
I urge my colleagues to vote for this omnibus.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from North Carolina (Mr. Price), the ranking member of the
Transportation, Housing and Urban Development Subcommittee.
Mr. PRICE of North Carolina. Mr. Speaker, I urge my colleagues to
support this omnibus bill. It will provide funding certainty for the
balance of the fiscal year. It casts off the deeply misguided sequester
caps that have crippled our appropriations process and also gets rid of
poison pill riders that threatened everything from fair housing to
truck safety to environmental protection to women's health.
This bill will allow us to begin repairing and modernizing our aging
highway and transit system. It makes critical investments in railroad
and aviation safety and the grants programs, such as TIGER, that will
allow us to build a smarter transportation future.
The omnibus also makes limited but significant progress toward
addressing the affordable housing crisis. It provides desperately
needed funds to maintain and rehabilitate public housing, including
increased funding for the Choice Neighborhoods program. It includes an
increase in HOME Investment Partnerships to promote affordable housing.
Mr. Speaker, the bill fails to fully address our known transportation
and housing needs. We still have a great deal of work to do. But
whatever deficiencies this omnibus contains would only be made far
worse by defeating this bill. That would likely lead to a full-year
continuing resolution. That would be funding essentially at
sequestration levels, decimating if not eliminating programs like
TIGER, HOME, Choice Neighborhoods, and transit New Starts.
Finally, Mr. Speaker, we must resolve to get our budgetary house in
order. We should pass this bill and thank everyone who worked
tirelessly to bring it together, but we must stop lurching from crisis
to crisis. Surely, we can do better than to depend on the threat of a
shutdown to make us perform our most basic tasks.
This bill is a small step in the right direction--far better than the
alternative--but it is past time for Congress to conclude a
comprehensive budget agreement--one that sets responsible funding and
revenue levels and allows us to make the investments a great country
must make.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to the
gentleman from California (Mr. Calvert), chairman of the Interior,
Environment, and Related Agencies Subcommittee of our committee.
Mr. CALVERT. Mr. Speaker, I yield to the gentleman from Illinois (Mr.
Rodney Davis).
Mr. RODNEY DAVIS of Illinois. The Interior and Environment section of
this bill includes important report language that instructs the Office
of Surface Mining to ``reengage State partners in a meaningful manner
before finalizing the Stream Buffer Zone rule.''
As you know, this rule blurs the lines between the existing Stream
Buffer Zone rule and the Clean Water Act and would have a devastating
impact on coal mining across this country. In fact, we even have
transcripts of audio recordings of OSM officials touting the
[[Page H9664]]
fact that a major benefit of this rule would be no more coal mining.
OSM's own analysis estimates that it will result in the loss of nearly
7,000, or 9 percent, of the more than 80,000 coal mining jobs in the
United States.
Mr. Chairman, my understanding is that this report language would
mandate OSM to go back to the States and require their signoff on the
rule before it is finalized.
Can you please clarify the intent of this language?
Mr. CALVERT. Mr. Davis, the language included in the omnibus
recognizes that this administration has not been working with States on
the Stream Buffer rule in a collaborative manner. Ten States have
signed memorandums of understanding with OSM to work together as
``collaborative agencies'' on the rule. These memoranda established
processes for data and information sharing and for the exchange of
comments and ideas. Unfortunately, earlier this year, 9 of those 10
States withdrew in protest.
This mandatory congressional directive will require that OSM reengage
with States and share data and information, as they should have been
doing all along. We will be monitoring this implementation. The
committee commits to working on an implementation process moving
forward to ensure that OSM reengages with the States and actively
involves them in the process.
Mr. RODNEY DAVIS of Illinois. I thank the gentleman for the
clarification. I thank Mr. Johnson of Ohio for his leadership on this
issue, also.
Mr. CALVERT. I yield to the gentleman from Ohio (Mr. Johnson).
Mr. JOHNSON of Ohio. I associate myself with the comments of my
colleague from Illinois (Mr. Rodney Davis). This is a devastating rule.
By its own estimation, the administration has said this is going to
kill 7,000 jobs. We know that it is far more than that. We are looking
at 80,000 jobs.
The States of primacy are critical stakeholders in this, Mr.
Chairman. It is my understanding in the interpretation of this language
that OSM will be directed to reengage and meet with those States of
primacy at the States' request.
Mr. CALVERT. That is correct.
Mr. JOHNSON of Ohio. And based on that direction, under the weight of
law, that would essentially mean, at a minimum, the comment period for
those States of primacy that request meetings would have to be
reopened.
Is that your interpretation?
Mr. CALVERT. That is my understanding. Yes, the gentleman is correct.
Mr. JOHNSON of Ohio. Thank you, Mr. Chairman. I appreciate all the
hard work that has been done on this.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. ROGERS of Kentucky. I yield the gentleman an additional 30
seconds.
Will the gentleman yield?
Mr. CALVERT. I yield to the gentleman.
Mr. ROGERS of Kentucky. Let me associate myself with your comments.
My district, like yours, has been absolutely devastated by the war on
coal. This language is a great help in that direction.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the distinguished
gentlewoman from California (Ms. Roybal-Allard) the ranking member of
the Homeland Security Committee.
Ms. ROYBAL-ALLARD. Mr. Speaker, as the ranking member of the
Appropriations Subcommittee on Homeland Security, I can attest that
Division F of the bill before us today, which provides funds for the
Department of Homeland Security, is the result of careful
consideration, intense scrutiny, and bipartisan collaboration. I want
to thank Chairman Carter for his leadership and his partnership in
crafting our portion of the bill.
The bill provides significant resources for critical priorities,
including funding to recapitalize the Coast Guard air and marine
fleets; to fully fund FEMA's disaster relief activities, including
wildfire management assistance grants, and to significantly enhance
support for flood mapping and predisaster mitigation; and to maintain
funding for FEMA terrorism preparedness grants, including $50 million
to new funding to help communities counter violent extremism and
prepare for complex, coordinated terrorist attacks.
Without this omnibus bill, my home State of California and
communities across the country would be faced with the uncertain
funding level of a continuing resolution or, in the worst case, the
effects of a government shutdown.
It is also important to note the bill does not include a number of
harmful immigration policy riders that were adopted during the
committee consideration of the House bill.
This funding bill is clearly not what I had hoped for. Many of my
colleagues feel the same way. I share many of their concerns, including
the lack of assistance provided to Puerto Rico and the giveaways to Big
Oil. However, on balance, I believe this bill should move forward. I
ask for an ``aye'' vote.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to the
gentleman from California (Mr. Calvert).
Mr. CALVERT. Mr. Speaker, on December 2, ISIS sympathizers attacked
and killed 14 and injured another 22 in San Bernardino, California.
Police and first responders put their lives on the line rescuing
survivors and capturing the perpetrators. However, localities have
faced unexpected costs as a result of this attack.
I yield to the gentleman from Texas (Mr. Culberson), the chairman of
the Commerce, Justice, Science, and Related Agencies Subcommittee, to
discuss DOJ counterterrorism funding in the bill.
Mr. CULBERSON. I thank the gentleman for his leadership in helping
San Bernardino recover from this horrific attack.
Law enforcement protecting the homeland is our top priority in this
bill, and we have provided a significant increase for the FBI to combat
terrorism. For local law enforcement assisting the FBI, the Bureau has
the ability to reimburse costs. The Department of Justice also has $50
million available for assistance to victims of terrorism.
Mr. CALVERT. I thank the gentleman.
I yield to the gentleman from Texas (Mr. Carter), the chairman of the
Homeland Security Subcommittee, to discuss DHS resources available to
respond to the attack.
Mr. CARTER of Texas. I thank my friend for yielding.
To give you the news about what the Department of Homeland Security
is doing, this bill includes $2.5 billion for grants to first
responders, $397 million above the request. Further, this bill includes
$50 million for a new program to help States and local communities
prepare for, prevent, and respond to terrorist threats.
{time} 1400
Mr. CALVERT. Mr. Speaker, I yield to the gentleman from San
Bernardino, California (Mr. Aguilar).
Mr. AGUILAR. I thank the gentleman for yielding.
The terrorist attack in my district killed 14 and injured 22.
Responding to the attack were the brave men and women from the San
Bernardino Police and other first responders.
I look forward to working with the gentlemen and the departments to
examine ways to assist San Bernardino in recovering from this attack.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from New York (Mr. Serrano), the ranking member of the
Financial Services and General Government Subcommittee of
Appropriations.
(Mr. SERRANO asked and was given permission to revise and extend his
remarks.)
Mr. SERRANO. I thank the gentlewoman and our leader.
This is a very bittersweet moment for me. On one hand, I am so proud
of what my staff and I and other Members and your staff did to make the
financial services portion of this bill much better, much, much better.
We increased dollars to the IRS. We helped the Treasury Department.
We helped the Small Business Administration. We did so much that would
make anyone want to be the top yeller and screamer in favor of this
bill. For that I am very grateful, and for that I am very thankful to
the committee and to our leadership and to the staff.
But then, as one who was born in an American territory called Puerto
Rico, there is a glaring omission; and that is that, in Puerto Rico's
worst financial crisis, we could not get our colleagues on the other
side to agree to just some
[[Page H9665]]
simple help, some simple opportunities to declare bankruptcy, for a
simple opportunity to put their house in order, a simple opportunity to
restructure their debt.
I have said so many times here that I find myself always in this, not
contradiction, but this double situation, where I am a Member of the
United States Congress, proud of that, a New Yorker since the age of 6,
a long time ago, very proud of that, but born in the territory.
And if there were ever a sign of what colonialism is, it is what we
have done in this bill. We totally ignore the needs of 4 million
American citizens. We totally ignore the need for them to restructure
their debt. We totally ignore the need for them to survive and, in the
process, we may be creating a humanitarian crisis. We could have
averted it simply by allowing some simple language in this bill, but we
chose not to do so.
So I think it is time that we do two things: that we address the
issue, as Speaker Ryan has said that he will, before March 31, the
issue, in general, of Puerto Rico's problem; but it is also time to
address the issue of the relationship between Puerto Rico and the
United States. It can't continue to be what it is. It either needs to
be an independent nation or a State of the Union, but it can't continue
to be powerless and begging for everything it gets.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from Pennsylvania (Mr. Dent), the distinguished chairman of
the Military Construction, Veterans Affairs, and Related Agencies
Subcommittee.
Mr. DENT. Mr. Speaker, I rise in support of the fiscal year 2016
Consolidated Appropriations Act, legislation that will provide for
much-needed budgetary certainty, stability, and predictability.
I would certainly like to commend Speaker Ryan, Chairman Rogers,
Ranking Member Lowey, and my good friend and partner, ranking member of
the subcommittee, Sanford Bishop for all their hard work, and also for
all the staff who did so much work behind the scenes to help make this
bill what it is.
While this bill has many excellent provisions throughout its
entirety, as chairman of the Subcommittee on Military Construction,
Veterans Affairs, and Related Agencies, I can say with confidence that
this is an especially good bill for our veterans, servicemembers, and
military families. It will ensure those who have served in the defense
of our great Nation receive the full benefits, care, and support that
they deserve, and it will help to maintain our military's readiness
both at home and abroad.
The bill will ensure quality housing for nearly 2 million military
families and improve the quality and safety of our bases, defense
installations, and military monuments and cemeteries throughout the
world.
It will provide a 9.8 percent increase for VA programs, including a
10.5 percent increase in VA medical services to provide care and
treatment for approximately 7 million veterans.
It will also allow veterans with hepatitis C to be treated and cured,
and it will help the VA to address critical issues like mental health
care and reducing the rates of veteran suicide and homelessness.
It will also provide funding needed to reduce the VA claims backlog
and move us closer to establishing an integrated electronic health
records system.
It will increase congressional oversight of the VA to counter the
instances of gross mismanagement and excessive project cost overruns
that have troubled the VA at facilities across the country, the Aurora,
Colorado, facility being the most egregious example.
For these reasons and many more, Mr. Speaker, I support the
legislation and encourage my colleagues on both sides of the aisle to
do the same.
Again, I want to thank Ranking Member Bishop, Mrs. Lowey, Chairman
Rogers, and all the staff who helped put this bill together.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Farr), the distinguished ranking member of the
Agricultural, Rural Development, Food and Drug Administration, and
Related Agencies Subcommittee, and representative of the Peace Corps.
Mr. FARR. I thank the ranking member of the committee, Mrs. Lowey.
Mr. Speaker, I want to just remind people that this is a big bill. It
is a bill that has got a lot in it. It has got a lot more good in it
than it has bad in it. Big bills have both.
What is really important is this is the most important vote we take
all year, because this is the vote that runs all of government, keeps
it all operational, all the things you have heard about.
I want to thank the chairman, Mr. Rogers, because he promised our
committee at the beginning of the year that he was going to get us back
to regular order and get us a bill.
I bet that we were going to end up with a CR, which is the worst
thing we could do. It is the failure of Congress to carry out its
business.
I want to compliment Mr. Rogers and Mrs. Lowey for their incredible
work in getting a clean, a relatively clean appropriations bill, and
how important this is.
The work that was done on all the minutiae in there by our staff on
the Democratic side--Martha Foley in Ag Approps, and my staff: Rochelle
Dornatt, Troy Phillips, Ana Sorrentino, the Republican staff, Tom
O'Brien, Andrew Cooper, Pam Miller, Elizabeth King, Betsy Bina, and
Chairman Aderholt's staff, Brian Rell and Jennifer Groover--thank you
for all the detailed work, night after night, that you have put into
this.
But if you take medicine, this portion of the bill, 1/12 of the bill,
the Ag portion and Commodity Futures Trading Commission and FDA, if you
take medicine, this bill impacts you. If you invest in the market, this
bill impacts you. If you care for animals that are treated humanely,
this bill impacts you. If there are hungry people in this country and
in other countries of the world, this bill really impacts you. And,
quite frankly, if you want to eat safe, wholesome, and affordable food,
this is bill is essential.
So thank you all for doing this.
But most of all, I want to thank, also, another subcommittee, the
Subcommittee on State, Foreign Operations, and Related Programs. Kay
Granger and Nita Lowey just did an incredible job of, for the first
time, fully funding Peace Corps, the highest level they have ever
funded. We have 23,000 people applying for jobs, and Congress has only
appropriated enough money to hire 3,500. This bill is going to go a
long way in allowing all those Americans who want to do service for our
country abroad to get a chance to do so.
I want to thank you all. It is one of the better bills, and it is
certainly a lot better than last year. I look forward to next year when
it will be even better.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 1 minute to the
gentleman from Kansas (Mr. Yoder), a member of our committee.
Mr. YODER. Mr. Speaker, I rise today to applaud the efforts of
Chairman Rogers, his staff, and all my colleagues on the Appropriations
Committee.
This bill achieves many conservative goals, including ending the
export oil ban, limiting the EPA to its lowest funding since 2008,
freezing the IRS almost $2 billion below the President's budget
request, denying any new funds to ObamaCare, resolving visa waiver
concerns, supporting our national defense, and many other priorities.
While cutting in certain areas, we were also able to reprioritize
spending, and one of those priorities is funding for the National
Institutes of Health. This bill provides the largest funding at NIH
since 2003, and I want to thank Chairman Tom Cole of the subcommittee
for his work in that endeavor.
As we debate this bill, cancer is prepared to kill 600,000 Americans
next year, and without new investment, we will be unable to find a cure
for cancer or any number of diseases, like Alzheimer's, Parkinson's,
and heart disease, that affect every family and every community in
America. So I thank the committee for their leadership.
Mr. Speaker, this bill represents the hard work of the committee and
many others as it seeks to advance the conservative causes in a
balanced way in a divided government. I urge its passage.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Georgia (Mr. Bishop),
[[Page H9666]]
ranking member of the Military Construction, Veterans Affairs, and
Related Agencies Subcommittee.
Mr. BISHOP of Georgia. I thank the gentlewoman for yielding.
Mr. Speaker, first of all, I would like to thank Chairman Dent for
his hard work on the subcommittee. He has been a tremendous partner. I
would like to thank Chairman Rogers and Ranking Member Lowey for their
strong bipartisan leadership. And certainly, I would like to thank our
staffs for their hard work.
Today's omnibus reflects what the FY16 MILCON-VA bill should have
looked like during full House consideration. Discretionary funding for
VA programs in today's agreement is $71.4 billion, $6.4 billion above
the FY15-enacted level. This agreement fully funds major construction
within the VA budget. As you may recall, this was a significant issue
in the House bill.
There are a number of good things to highlight within the bill that
will have a profound impact on the lives of our Nation's veterans. For
example, we have the opportunity to completely eradicate hepatitis C
for our Nation's veterans, and so we raised the amount for funding for
treatment to $1.5 billion. Additionally, in order to combat veterans'
homelessness, suicide, and PTSD, we have also included $7.5 billion for
mental healthcare services.
That being said, Mr. Speaker, it is high time that we return to
regular order; and by regular order, I mean the process that starts
with a realistic allocation, enabling the Appropriations Committee to
meet our Nation's fiscal needs. I believe that if the Appropriations
Committee were given a fair chance, we could have completed our work
months ago.
Mr. Speaker, the process has much room for improvement. Governing
through the use of omnibus is not a wise practice, so I believe that we
must work to return to regular order, utilizing the entire legislative
process to determine how our government invests in the American people.
Truly, regular order is better for the committee, for the Members, and
for this august institution in which we serve.
Nevertheless, while the omnibus is not perfect, far from it, we
cannot let the perfect be the enemy of the good. This is a good bill,
and I urge my colleagues to pass it.
Mr. ROGERS of Kentucky. Mr. Speaker, may I inquire of the remaining
time.
The SPEAKER pro tempore (Mr. Rodney Davis of Illinois). The gentleman
from Kentucky has 7\1/2\ minutes remaining. The gentlewoman from New
York has 10\3/4\ minutes remaining.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from Florida (Mr. Crenshaw), chairman of the Financial
Services and General Government Subcommittee on Appropriations.
Mr. CRENSHAW. I thank the chairman for the recognition.
Mr. Speaker, I rise in strong support of this funding bill for 2016.
As chairman of the Subcommittee on Financial Services and General
Government, I want to highlight some of the areas that I think are
important for Members to understand.
We oversee, in the subcommittee, a myriad of agencies; all have an
impact on our functioning Federal Government and also on the
constituents that we represent.
We oversee and fund the Treasury, the Internal Revenue Service, the
Securities Exchange Commission, the Federal Trade Commission, the
Federal Communications Commission, the Small Business Administration,
and many other agencies.
I think that while we, overall, fund this section of the bill $1
billion less than the President requested, there are some areas where
we increase funding that are important, that are priorities, like law
enforcement and drug abuse prevention.
There has been a lot of discussion about the IRS over the years, and,
quite frankly, they have betrayed the trust of the American people and
have a long way to go to restore that trust; therefore, they are funded
at a flat level. However, we give them additional money to try to do a
better job of customer service.
{time} 1415
They can't answer the phone and they can't respond to mail, so they
have additional dollars to improve that. We do other things to rein in
some of their out-of-control activities.
Overall, Mr. Speaker, this is a good bill. We increase funding for
some of the priority items, as I have mentioned, like the Small
Business Administration. They actually help create jobs. They help grow
the economy. Drug abuse prevention is important, and we fund those
levels.
Some of the areas that aren't so important, we reduce funding; we
actually freeze their funding.
Overall, this is the result of a lot of hard work by the committee
members.
And a special thanks to our Ranking Member Serrano.
Mr. Speaker, overall, I urge all of the Members to support this
legislation.
Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 2 minutes to the
distinguished gentleman from California (Mr. Honda), the acting ranking
minority member of the Commerce, Justice, Science, and Related Agencies
Subcommittee.
Mr. HONDA. Mr. Speaker, I thank the ranking member for yielding.
I thank Chairman Culberson, who worked with me and my staff to
formulate a better bill. While there are areas that could still be
approved in the CJS bill, I am thankful for the chairman's bipartisan
attitude and desire to find common ground.
Lifting the budget caps, we were able to more fully fund many of the
essential programs. I would like to highlight a few of these.
I was pleased that we were able to dedicate funds for the National
Network for Manufacturing Innovation to fund one competitively chosen
center and to provide coordination of funding for NIST.
The modest increase for the Minority Business Development Agency will
allow them to expand their work, creating jobs and fostering innovation
and entrepreneurship amongst minority-owned businesses.
In the 2020 Census, we ensure that all communities--including those
that are small, rural, or have limited proficiency with English--are
counted. The rider making the American Community Survey optional was
dropped.
We boosted funding for DOJ grant programs important to communities
across the Nation, such as COPS, Violence Against Women Act, and Byrne
Justice Assistance Grants. I am proud the community sexual assault kit
Backlog Reduction Program, which is making great inroads in my
district, receives $45 million.
Mr. Speaker, I am pleased that we were able to fund NASA at the
highest level in years. This includes robust funding for both
commercial crew and for SLS and Orion. We were able to provide healthy
funding for science and exploration missions, and I hope the Flagship
Europa mission will be able to include the expertise of all NASA
centers. Happily, we restored Earth and geoscience funding in NASA and
removed the language capping NSF investment into the geosciences. Mr.
Speaker, I will continue to work to remove the limitations in NSF on
social, behavorial, and economic sciences in the future.
Many of the harmful immigration riders were removed, including ones
that would have stripped the administration's ability to defend DACA
and DAPA in the courts, and that would have withheld DOJ grants to
jurisdictions with sanctuary city policies.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mrs. LOWEY. Mr. Speaker, I yield the gentleman from California an
additional 1 minute.
Mr. HONDA. Mr. Speaker, while I have problems with several non-
Appropriations items in this bill, the CJS in the omnibus bill will
invest in our Nation's future and move us forward.
Mr. Speaker, I want to again thank Chairman Culberson, and I look
forward to continuing to work with the gentleman closely.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 30 seconds to the
gentleman from California (Mr. Nunes), the distinguished chairman of
the Permanent Select Committee on Intelligence.
Mr. NUNES. Mr. Speaker, I will include my full statement in the
Record to accompany Division M and Division N of the Consolidated
Appropriations Act, 2016.
I would also like to take the time to thank Ranking Member Schiff,
Chairman Burr, Vice Chair Feinstein,
[[Page H9667]]
Chairman Hal Rogers, and Ranking Member Nita Lowey, as well as all of
the Appropriations and Intelligence Committee staff for their hard work
and long hours over the last several months in getting this important
legislation to the floor today and eventually to the President for his
signature. I urge all Members to support the bill.
Mr. Speaker, the following consists of the joint explanatory
statement to accompany Division M, the Intelligence Authorization Act
for Fiscal Year 2016, of the Consolidated Appropriations Act, 2016.
This joint explanatory statement reflects the status of negotiations
and disposition of issues reached between the House Permanent Select
Committee on Intelligence and the Senate Select Committee on
Intelligence (hereinafter, ``the Agreement''). The joint explanatory
statement shall have the same effect with respect to the implementation
of this Act as if it were a joint explanatory statement of a committee
of conference.
The joint explanatory statement comprises three parts: an overview of
the application of the annex to accompany this statement; unclassified
congressional direction; and a section-by-section analysis of the
legislative text.
Part I: Application of the Classified Annex
The classified nature of U.S. intelligence activities prevents the
congressional intelligence committees from publicly disclosing many
details concerning the conclusions and recommendations of the
Agreement. Therefore, a classified Schedule of Authorizations and a
classified annex have been prepared to describe in detail the scope and
intent of the congressional intelligence committees' actions. The
Agreement authorizes the Intelligence Community to obligate and expend
funds not altered or modified by the classified Schedule of
Authorizations as requested in the President's budget, subject to
modification under applicable reprogramming procedures.
The classified annex is the result of negotiations between the House
Permanent Select Committee on Intelligence and the Senate Select
Committee on Intelligence. It reconciles the differences between the
committees' respective versions of the bill for the National
Intelligence Program (NIP) and the Homeland Security Intelligence
Program for Fiscal Year 2016. The Agreement also makes recommendations
for the Military Intelligence Program (MIP), and the Information
Systems Security Program, consistent with the National Defense
Authorization Act for Fiscal Year 2016, and provides certain direction
for these two programs.
The Agreement supersedes the classified annexes to the reports
accompanying H.R. 4127, as passed by the House on December 1, 2015,
H.R. 2596, as passed by the House on June 16, 2015, and S. 1705, as
reported by the Senate Select Committee on Intelligence on July 7,
2015. All references to the House-passed and Senate-reported annexes
are solely to identify the heritage of specific provisions.
The classified Schedule of Authorizations is incorporated into the
bill pursuant to Section 102. It has the status of law. The classified
annex supplements and adds detail to clarify the authorization levels
found in the bill and the classified Schedule of Authorizations. The
classified annex shall have the same legal force as the report to
accompany the bill.
Part II: Select Unclassified Congressional Direction
Enhancing Geographic and Demographic Diversity
The Agreement directs the Office of the Director for National
Intelligence (ODNI) to conduct an awareness, outreach, and recruitment
program to rural, under-represented colleges and universities that are
not part of the IC Centers of Academic Excellence (IC CAE) program
Further, the Agreement directs that ODNI shall increase and formally
track the number of competitive candidates for IC employment or
internships who studied at IC CAE schools and other scholarship
programs supported by the IC.
Additionally, the Agreement directs that ODNI, acting through the
Executive Agent for the IC CAE program, the IC Chief Human Capital
Officer, and the Chief, Office of IC Equal Opportunity & Diversity, as
appropriate, shall:
1. Add a criterion to the IC CAE selection process that applicants
must be part of a consortium or actively collaborate with under-
resourced schools in their area;
2. Work with CAE schools to reach out to rural and under-resourced
schools, including by inviting such schools to participate in the
annual IC CAE colloquium and IC recruitment events;
3. Increase and formally track the number of competitive IC
internship candidates from IC CAE schools, starting with Fiscal Year
2016 IC summer internships, and provide a report, within 180 days of
the enactment of this Act, on its plan to do so;
4. Develop metrics to ascertain whether IC CAE, the Pat Roberts
Intelligence Scholars Program, the Louis Stokes Educational Scholarship
Program, and the Intelligence Officer Training Program reach a diverse
demographic and serve as feeders to the IC workforce;
5. Include in the annual report on minority hiring and retention a
breakdown of the students participating in these programs who serve as
IC interns, applied for full-time IC employment, received offers of
employment, and entered on duty in the IC;
6. Conduct a feasibility study with necessary funding levels
regarding how the IC CAE could be better tailored to serve under-
resourced schools, and provide such study to the congressional
intelligence committees within 180 days of the enactment of this Act;
7. Publicize all IC elements' recruitment activities, including the
new Applicant Gateway and the IC Virtual Career Fair, to rural schools,
Historically Black Colleges and Universities, and other minority-
serving institutions that have been contacted by IC recruiters;
8. Contact new groups with the objective of expanding the IC Heritage
Community Liaison Council; and
9. Ensure that IC elements add such activities listed above that may
be appropriate to their recruitment plans for Fiscal Year 2016.
ODNI shall provide an interim update to the congressional
intelligence committees on its efforts within 90 days of the enactment
of this Act and include final results in its annual report on minority
hiring and retention.
Analytic Duplication & Improving Customer Impact
The congressional intelligence committees are concerned about
potential duplication in finished analytic products. Specifically, the
congressional intelligence committees are concerned that
contemporaneous publication of substantially similar intelligence
products fosters confusion among intelligence customers (including
those in Congress), impedes analytic coherence across the IC, and
wastes time and effort. The congressional intelligence committees value
competitive analysis, but believe there is room to reduce duplicative
analytic activity and improve customer impact.
Therefore, the Agreement directs ODNI to pilot a repeatable
methodology to evaluate potential duplication in finished intelligence
analytic products and to report the findings to the congressional
intelligence committees within 60 days of the enactment of this Act. In
addition, the Agreement directs ODNI to report to the congressional
intelligence committees within 180 days of enactment of this Act on how
it will revise analytic practice, tradecraft, and standards to ensure
customers can clearly identify how products that are produced
contemporaneously and cover similar topics differ from one another in
their methodological, informational, or temporal aspects, and the
significance of those differences. This report is not intended to cover
operationally urgent analysis or current intelligence.
Countering Violent Extremism and the Islamic State of Iraq
and the Levant
The Agreement directs ODNI, within 180 days of enactment of this Act
and in consultation with appropriate interagency partners, to brief the
congressional intelligence committees on how intelligence agencies are
supporting both (1) the Administration's Countering Violent Extremism
(CVE) program first detailed in the 2011 White House strategy
Empowering Local Partners to Prevent Violent Extremism in the United
States, which was expanded following the January 2015 White House
Summit on Countering Violent Extremism, and (2) the Administration's
Strategy to Counter the Islamic State of Iraq and the Levant, which was
announced in September 2014.
Analytic Health Reports
The Agreement directs the Defense Intelligence Agency (DIA) to
provide Analytic Health Reports to the congressional intelligence
committees on a quarterly basis, including an update on the specific
effect of analytic modernization on the health of the Defense
Intelligence Analysis Program (DIAP) and its ability to reduce analytic
risk.
All-Source Analysis Standards
The Agreement directs DIA to conduct a comprehensive evaluation of
the Defense Intelligence Enterprise's all-source analysis capability
and production in Fiscal Year 2015. The evaluation should assess the
analytic output of both NIP and MIP funded all-source analysts,
separately and collectively, and apply the following four criteria
identified in the ODNI Strategic Evaluation Report for all-source
analysis: 1) integrated, 2) objective, 3) timely, and 4) value-added.
The results of this evaluation shall be included as part of the Fiscal
Year 2017 congressional budget justification book.
Terrorism Investigations
The Agreement directs the Federal Bureau of Investigation (FBI) to
submit to the congressional intelligence committees, within 180 days of
enactment of this Act, a report detailing how
[[Page H9668]]
FBI has allocated resources between domestic and foreign terrorist
threats based on numbers of investigations over the past 5 years. The
report should be submitted in unclassified form but may include a
classified annex.
Investigations of Minors Involved in Radicalization
The Agreement directs the FBI to provide a briefing to the
congressional intelligence committees within 180 days of enactment of
this Act on investigations in which minors are encouraged to turn away
from violent extremism rather than take actions that would lead to
Federal terrorism indictments. This briefing should place these rates
in the context of all investigations of minors for violent extremist
activity and should describe any FBI engagement with minors' families,
law enforcement, or other individuals or groups connected to the minor
during or after investigations.
Furthermore, the Agreement directs the FBI to include how often
undercover agents pursue investigations based on a location of interest
related to violent extremist activity compared to investigations of an
individual or group believed to be engaged in such activity. Included
should be the number of locations of interest associated with a
religious group or entity. This briefing also should include trend
analysis covering the last five years describing violent extremist
activity in the U.S.
Declassification Review of Video of the 2012 Benghazi
Terrorist Attacks
Numerous investigations have been conducted regarding the 2012
terrorist attack against U.S. facilities in Benghazi. The Senate Select
Committee on Intelligence produced one of the first declassified
Congressional reports and continues to believe that the public should
have access to information about the attacks, so long as it does not
jeopardize intelligence sources and methods.
The closed circuit television videos from the Temporary Mission
Facility (TMF) captured some of the activity that took place at the
State Department facility on September 11, 2012, and their release
would contribute to the public's understanding of the event without
compromising sources or methods.
Therefore, the Agreement directs the Director of National
Intelligence, or the appropriate federal official, to conduct a
declassification review and to facilitate the release to the public of
the declassified closed circuit television videos of the September 11,
2012, terrorist attack on the TMF in Benghazi, Libya, consistent with
the protection of sources and methods, not later than 120 days after
the enactment of this Act.
Part III: Section-By-Section Analysis and Explanation of Legislative
Text
The following is a section-by-section analysis and explanation of the
Intelligence Authorization Act for Fiscal Year 2016.
Title I--Intelligence Activities
Section 101. Authorization of appropriations
Section 101 lists the United States Government departments, agencies,
and other elements for which the Act authorizes appropriations for
intelligence and intelligence-related activities for Fiscal Year 2016.
Section 102. Classified Schedule of Authorizations
Section 102 provides that the details of the amounts authorized to be
appropriated for intelligence and intelligence-related activities and
the applicable personnel levels by program for Fiscal Year 2016 are
contained in the classified Schedule of Authorizations and that the
classified Schedule of Authorizations shall be made available to the
Committees on Appropriations of the Senate and House of Representatives
and to the President.
Section 103. Personnel ceiling adjustments
Section 103 is intended to provide additional flexibility to the
Director of National Intelligence in managing the civilian personnel of
the Intelligence Community. Section 103 provides that the Director may
authorize employment of civilian personnel in Fiscal Year 2016 in
excess of the number of authorized positions by an amount not exceeding
three percent of the total limit applicable to each Intelligence
Community element under Section 102. The Director may do so only if
necessary to the performance of important intelligence functions.
Section 104. Intelligence Community Management Account
Section 104 authorizes appropriations for the Intelligence Community
Management Account (ICMA) of the Director of National Intelligence and
sets the authorized personnel levels for the elements within the ICMA
for Fiscal Year 2016.
Section 105. Clarification regarding authority for flexible
personnel management among elements of intelligence
community
Section 105 clarifies that certain Intelligence Community elements
may make hiring decisions based on the excepted service designation.
Title II--Central Intelligence Agency Retirement and Disability System
Section 201. Authorization of appropriations
Section 201 authorizes appropriations in the amount of $514,000,000
for Fiscal Year 2016 for the Central Intelligence Agency Retirement and
Disability Fund.
Title III--General Provisions
Section 301. Increase in employee compensation and benefits
authorized by law
Section 301 provides that funds authorized to be appropriated by the
Act for salary, pay, retirement, and other benefits for federal
employees may be increased by such additional or supplemental amounts
as may be necessary for increases in compensation or benefits
authorized by law.
Section 302. Restriction on conduct of intelligence
activities
Section 302 provides that the authorization of appropriations by the
Act shall not be deemed to constitute authority for the conduct of any
intelligence activity that is not otherwise authorized by the
Constitution or laws of the United States.
Section 303. Provision of information and assistance to
Inspector General of the Intelligence Community
Section 303 amends the National Security Act of 1947 to clarify the
Inspector General of the Intelligence Community's authority to seek
information and assistance from federal, state, and local agencies, or
units thereof.
Section 304. Inclusion of Inspector General of Intelligence
Community in Council of Inspectors General on Integrity and
Efficiency
Section 304 amends Section 11(b)(1)(B) of the Inspector General Act
of 1978 to reflect the correct name of the Office of the Inspector
General of the Intelligence Community. The section also clarifies that
the Inspector General of the Intelligence Community is a member of the
Council of the Inspectors General on Integrity and Efficiency.
Section 305. Clarification of authority of Privacy and Civil
Liberties Oversight Board
Section 305 amends the Intelligence Reform and Terrorism Prevention
Act of 2004 (IRTPA) to clarify that nothing in the statute authorizing
the Privacy and Civil Liberties Oversight Board should be construed to
allow that Board to gain access to information regarding an activity
covered by section 503 of the National Security Act of 1947.
Section 306. Enhancing government personnel security programs
Section 306 directs the Director of National Intelligence to develop
and implement a plan for eliminating the backlog of overdue periodic
investigations, and further requires the Director to direct each agency
to implement a program to provide enhanced security review to
individuals determined eligible for access to classified information or
eligible to hold a sensitive position.
These enhanced personnel security programs will integrate information
relevant and appropriate for determining an individual's suitability
for access to classified information or eligibility to hold a sensitive
position; be conducted at least 2 times every 5 years; and commence not
later than 5 years after the date of enactment of the Fiscal Year 2016
Intelligence Authorization Act, or the elimination of the backlog of
overdue periodic investigations, whichever occurs first.
Section 307. Notification of changes to retention of call
detail record policies
Section 307 requires the Director of National Intelligence to notify
the congressional intelligence committees in writing not later than 15
days after learning that an electronic communication service provider
that generates call detail records in the ordinary course of business
has changed its policy on the retention of such call details records to
result in a retention period of less than 18 months. Section 307
further requires the Director to submit to the congressional
intelligence committees within 30 days of enactment a report
identifying each electronic communication service provider (if any)
that has a current policy in place to retain call detail records for 18
months or less.
Section 308. Personnel information notification policy by the
Director of National Intelligence
Section 308 requires the Director of National Intelligence to
establish a policy to ensure timely notification to the congressional
intelligence committees of the identities of individuals occupying
senior level positions within the Intelligence Community.
Section 309. Designation of lead intelligence officer for
tunnels
Section 309 requires the Director of National Intelligence to
designate an official to manage
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the collection and analysis of intelligence regarding the tactical use
of tunnels by state and nonstate actors.
Section 310. Reporting process for tracking country clearance
requests
Section 310 requires the Director of National Intelligence to
establish a formal reporting process for tracking requests for country
clearance submitted to overseas Director of National Intelligence
representatives. Section 310 also requires the Director to brief the
congressional intelligence committees on its progress.
Section 311. Study on reduction of analytic duplication
Section 311 requires the Director of National Intelligence to carry
out a study to identify duplicative analytic products and the reasons
for such duplication, ascertain the frequency and types of such
duplication, and determine whether this review should be considered a
part of the responsibilities assigned to the Analytic Integrity and
Standards office inside the Office of the Director of National
Intelligence. Section 311 also requires the Director to provide a plan
for revising analytic practice, tradecraft, and standards to ensure
customers are able to readily identify how analytic products on similar
topics that are produced contemporaneously differ from one another and
what is the significance of those differences.
Section 312. Strategy for comprehensive interagency review of
the United States national security overhead satellite
architecture
Section 312 requires the Director of National Intelligence, in
collaboration with the Secretary of Defense, and the Chairman of the
Joint Chiefs of Staff, to develop a strategy, with milestones and
benchmarks, to ensure that there is a comprehensive interagency review
of policies and practices for planning and acquiring national security
satellite systems and architectures, including the capabilities of
commercial systems and partner countries, consistent with the National
Space Policy issued on June 28, 2010. Where applicable, this strategy
shall account for the unique missions and authorities vested in the
Department of Defense and the Intelligence Community.
Section 313. Cyber attack standards of measurement study
Section 313 directs the Director of National Intelligence, in
consultation with the Secretary of Homeland Security, the Director of
the Federal Bureau of Investigation, and the Secretary of Defense, to
carry out a study to determine the appropriate standards to measure the
damage of cyber incidents.
Title IV--Matters Relating to Elements of the Intelligence Community
subtitle a--office of the director of national intelligence
Section 401. Appointment and confirmation of the National
Counterintelligence Executive
Section 401 makes subject to Presidential appointment and Senate
confirmation, the executive branch position of National
Counterintelligence Executive (NCIX), which was created by the 2002
Counterintelligence Enhancement Act. Effective December 2014, the NCIX
was also dual-hatted as the Director of the National
Counterintelligence and Security Center.
Section 402. Technical amendments relating to pay under title
5, United States Code
Section 402 amends 5 U.S.C. Sec. 5102(a)(1) to expressly exclude the
Office of the Director of National Intelligence (ODNI) from the
provisions of chapter 51 of title 5, relating to position
classification, pay, and allowances for General Schedule employees,
which does not apply to ODNI by virtue of the National Security Act.
This proposal would have no substantive effect.
Section 403. Analytic Objectivity Review
The Office of the Director of National Intelligence's Analytic
Integrity and Standards (AIS) office was established in response to the
requirement in the Intelligence Reform and Terrorism Prevention Act of
2004 (IRTPA) for the designation of an entity responsible for ensuring
that the Intelligence Community's finished intelligence products are
timely, objective, independent of political considerations, based upon
all sources of available intelligence, and demonstrative of the
standards of proper analytic tradecraft.
Consistent with responsibilities prescribed under IRTPA, Section 403
requires the AIS Chief to conduct a review of finished intelligence
products produced by the CIA to assess whether the reorganization of
the Agency, announced publicly on March 6, 2015, has resulted in any
loss of analytic objectivity. The report is due no later than March 6,
2017.
subtitle b--central intelligence agency and other elements
Section 411. Authorities of the Inspector General for the
Central Intelligence Agency
Section 411 amends Section 17 of the Central Intelligence Agency Act
of 1949 to consolidate the Inspector General's personnel authorities
and to provide the Inspector General with the same authorities as other
Inspectors General to request assistance and information from federal,
state, and local agencies or units thereof.
Section 412. Prior congressional notification of transfers of
funds for certain intelligence activities
Section 412 requires notification to the congressional intelligence
committees before transferring funds from the Joint Improvised
Explosive Device Defeat Fund or the Counterterrorism Partnerships Fund
that are to be used for intelligence activities.
Title V--Matters Relating to Foreign Countries
subtitle a--matters relating to russia
Section 501. Notice of deployment or transfer of Club-K
container missile system by the Russian Federation
Section 501 requires the Director of National Intelligence to submit
written notice to the appropriate congressional committees if the
Intelligence Community receives intelligence that the Russian
Federation has deployed, or is about to deploy, the Club-K container
missile system through the Russian military, or transferred or sold, or
intends to transfer or sell, such system to another state or non-state
actor.
Section 502. Assessment on funding of political parties and
nongovernmental organizations by the Russian Federation
Section 502 requires the Director of National Intelligence to submit
an Intelligence Community assessment to the appropriate congressional
committees concerning the funding of political parties and
nongovernmental organizations in the former Soviet States and Europe by
the Russian Security Services since January 1, 2006, not later than 180
days after the enactment of the Fiscal Year 2016 Intelligence
Authorization Act.
Section 503. Assessment on the use of political
assassinations as a form of statecraft by the Russian
Federation
Section 503 requires the Director of National Intelligence to submit
an Intelligence Community assessment concerning the use of political
assassinations as a form of statecraft by the Russian Federation to the
appropriate congressional committees, not later than 180 days after the
enactment of the Fiscal Year 2016 Intelligence Authorization Act.
subtitle b--matters relating to other countries
Section 511. Report of resources and collection posture with
regard to the South China Sea and East China Sea
Section 511 requires the Director of National Intelligence to submit
to the appropriate congressional committees an Intelligence Community
assessment on Intelligence Community resourcing and collection posture
with regard to the South China Sea and East China Sea, not later than
180 days after the enactment of the Fiscal Year 2016 Intelligence
Authorization Act.
Section 512. Use of locally employed staff serving at a
United States diplomatic facility in Cuba
Section 512 requires the Secretary of State, not later than 1 year
after the date of the enactment of this Act, to ensure that key
supervisory positions at a United States diplomatic facility in Cuba
are occupied by citizens of the United States who have passed a
thorough background check. Further, not later than 180 days after the
date of the enactment of this Act, the provision requires the Secretary
of State, in coordination with other appropriate government agencies,
to submit to the appropriate congressional committees a plan to further
reduce the reliance on locally employed staff in United States
diplomatic facilities in Cuba. The plan shall, at a minimum, include
cost estimates, timelines, and numbers of employees to be replaced.
Section 513. Inclusion of sensitive compartmented information
facilities in United States diplomatic facilities in Cuba
Section 513 requires that each United States diplomatic facility in
Cuba--in which classified information will be processed or in which
classified communications occur--that is constructed, or undergoes a
construction upgrade, be constructed to include a sensitive
compartmented information facility.
Section 514. Report on use by Iran of funds made available
through sanctions relief
Section 514 requires the Director of National Intelligence, in
consultation with the Secretary of the Treasury, to submit to the
appropriate congressional committees a report assessing the monetary
value of any direct or indirect form of sanctions relief Iran has
received since the Joint Plan of Action (JPOA) entered into effect, and
how Iran has used funds made available through such sanctions relief.
This
[[Page H9670]]
report shall be submitted every 180 days while the JPOA is in effect,
and not later than 1 year after an agreement relating to Iran's nuclear
program takes effect, and annually thereafter while that agreement
remains in effect.
Title VI--Matters Relating to United States Naval Station, Guantanamo
Bay, Cuba
Section 601. Prohibition on use of funds for transfer or
release of individual detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States
Section 601 states that no amounts authorized to be appropriated or
otherwise made available to an element of the Intelligence Community
may be used to transfer or release individuals detained at Guantanamo
Bay to or within the United States, its territories, or possessions.
Section 602. Prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo
Bay, Cuba
Section 602 states that no amounts authorized to be appropriated or
otherwise made available to an element of the Intelligence Community
may be used to construct or modify facilities in the United States, its
territories, or possessions to house detainees transferred from
Guantanamo Bay.
Section 603. Prohibition on use of funds for transfer or
release to certain countries of individuals detained at
United States Naval Station, Guantanamo Bay, Cuba
Section 603 states that no amounts authorized to be appropriated or
otherwise made available to an element of the Intelligence Community
may be used to transfer or release an individual detained at Guantanamo
Bay to the custody or control of any country, or any entity within such
country, as follows: Libya, Somalia, Syria, or Yemen.
Title VII--Reports and Other Matters
subtitle a--reports
Section 701. Repeal of certain reporting requirements
Section 701 repeals certain reporting requirements.
Section 702. Reports on foreign fighters
Section 702 requires the Director of National Intelligence to submit
a report every 60 days for the three years following the enactment of
this Act to the congressional intelligence committees on foreign
fighter flows to and from Syria and Iraq. Section 702 requires
information on the total number of foreign fighters who have traveled
to Syria or Iraq, the total number of United States persons who have
traveled or attempted to travel to Syria or Iraq, the total number of
foreign fighters in Terrorist Identities Datamart Environment, the
total number of foreign fighters who have been processed with
biometrics, any programmatic updates to the foreign fighter report, and
a worldwide graphic that describes foreign fighter flows to and from
Syria.
Section 703. Report on strategy, efforts, and resources to
detect, deter, and degrade Islamic State revenue mechanisms
Section 703 requires the Director of National Intelligence to submit
a report on the strategy, efforts, and resources of the Intelligence
Community that are necessary to detect, deter, and degrade the revenue
mechanisms of the Islamic State.
Section 704. Report on United States counterterrorism
strategy to disrupt, dismantle, and defeat the Islamic
State, al-Qa'ida, and their affiliated groups, associated
groups, and adherents
Section 704 requires the President to submit to the appropriated
congressional committees a comprehensive report on the counterterrorism
strategy to disrupt, dismantle, and defeat the Islamic State, al-
Qa'ida, and their affiliated groups, associated groups, and adherents.
Section 705. Report on effects of data breach of Office of
Personnel Management
Section 705 requires the President to transmit to the congressional
intelligence communities a report on the data breach of the Office of
Personnel Management. Section 705 requires information on the impact of
the breach on Intelligence Community operations abroad, in addition to
an assessment of how foreign persons, groups, or countries may use data
collected by the breach and what Federal Government agencies use best
practices to protect sensitive data.
Section 706. Report on hiring of graduates of Cyber Corps
Scholarship Program by intelligence community
Section 706 requires the Director of National Intelligence to submit
to the congressional intelligence committees a report on the employment
by the Intelligence Community of graduates of the Cyber Corps
Scholarship Program. Section 706 requires information on the number of
graduates hired by each element of the Intelligence Community, the
recruitment process for each element of the Intelligence Community, and
the Director recommendations for improving the hiring process.
Section 707. Report on use of certain business concerns
Section 707 requires the Director of National Intelligence to submit
to the congressional intelligence committees a report of covered
business concerns--including minority-owned, women-owned, small
disadvantaged, service-enabled veteran-owned, and veteran-owned small
businesses--among contractors that are awarded contracts by the
Intelligence Community for goods, equipment, tools and services.
subtitle b--other matters
Section 711. Use of homeland security grant funds in
conjunction with Department of Energy national laboratories
Section 711 amends Section 2008 (a) of the Homeland Security Act of
2002 to clarify that the Department of Energy's national laboratories
may seek access to homeland security grant funds.
Section 712. Inclusion of certain minority-serving
institutions in grant program to enhance recruiting of
intelligence community workforce
Section 712 amends the National Security Act of 1947 to include
certain minority-serving institutions in the intelligence officer
training programs established under Section 1024 of the Act.
The following consists of the joint explanatory statement to
accompany Division N, the Cybersecurity Act of 2015, of the
Consolidated Appropriations Act, 2016.
This joint explanatory statement reflects the status of negotiations
and disposition of issues reached between the Senate Select Committee
on Intelligence, the House Permanent Select Committee on Intelligence,
the Senate Committee on Homeland Security and Governmental Affairs, and
the House Committee on Homeland Security. The joint explanatory
statement shall have the same effect with respect to the implementation
of this Act as if it were a joint explanatory statement of a committee
of conference.
The joint explanatory statement comprises an overview of the bill's
background and objectives, and a section-by-section analysis of the
legislative text.
Part I: Background and Need for Legislation
Cybersecurity threats continue to affect our nation's security and
its economy, as losses to consumers, businesses, and the government
from cyber attacks, penetrations, and disruptions total billions of
dollars. This legislation is designed to create a voluntary
cybersecurity information sharing process that will encourage public
and private sector entities to share cyber threat information, without
legal barriers and the threat of unfounded litigation--while protecting
private information. This in turn should foster greater cooperation and
collaboration in the face of growing cybersecurity threats to national
and economic security.
This legislation also includes provisions to improve Federal network
and information system security, provide assessments on the Federal
cybersecurity workforce, and provide reporting and strategies on
cybersecurity industry-related and criminal-related matters. The
increased information sharing enabled by this bill is a critical step
toward improving cybersecurity in America.
Part II: Section-by-Section Analysis and Explanation of Legislative
Text
The following is a section-by-section analysis and explanation of the
Cybersecurity Act of 2015.
Title I--Cybersecurity Information Sharing
Section 101. Short title.
Section 101 states that Title I may be cited as the ``Cybersecurity
Information Sharing Act of 2015.''
Section 102. Definitions.
Section 102 defines for purposes of this title key terms such as
``cybersecurity purpose,'' ``cybersecurity threat,'' ``cyber threat
indicator,'' ``defensive measure,'' and ``monitor.'' The definition of
``cybersecurity purpose'' is meant to include a broad range of
activities taken to protect information and information systems from
cybersecurity threats. The authorizations under this Act are tied to
conduct undertaken for a ``cybersecurity purpose,'' which both
clarifies their scope and ensures that the authorizations cover
activities that can be performed in conjunction with one another. For
instance, a private entity conducting monitoring activities to
determine whether it should use an authorized ``defensive measure''
would be monitoring for a ``cybersecurity purpose.'' Significantly, the
authorization for ``defensive measures'' does not include activities
that are generally considered ``offensive'' in nature, such as
unauthorized access of, or execution of computer code on, another
entity's information systems, such as ``hacking back'' activities, or
any actions that would substantially
[[Page H9671]]
harm another private entity's information systems, such as violations
of section 1030, of title 18, United States Code.
Section 103. Sharing of information by the Federal
Government.
Section 103 requires the Director of National Intelligence, the
Secretary of Homeland Security, the Secretary of Defense, and the
Attorney General to jointly develop and issue procedures for the timely
sharing of classified and unclassified cyber threat indicators and
defensive measures (hereinafter referenced collectively in this joint
explanatory statement as, ``cyber threat information'') with relevant
entities.
These procedures must also ensure the Federal Government maintains: a
real-time sharing capability; a process for notifying entities that
have received cyber threat information in error; protections against
unauthorized access; and procedures to review and remove, prior to
sharing cyber threat information, any information not directly related
to a cybersecurity threat known at the time of sharing to be personal
information of a specific individual or that identifies a specific
individual, or to implement a technical capability to do the same.
These procedures must be developed in consultation with appropriate
Federal entities, including the Small Business Administration and the
National Laboratories.
Section 104. Authorizations for preventing, detecting,
analyzing, and mitigating cybersecurity threats.
Section 104 authorizes private entities to monitor their information
systems, operate defensive measures, and share and receive cyber threat
information. Private entities must, prior to sharing cyber threat
information, review and remove any information not directly related to
a cybersecurity threat known at the time of sharing to be personal
information of a specific individual or that identifies a specific
individual, or to implement and utilize a technical capability to do
the same.
Section 104 permits non-Federal entities to use cyber threat
information for cybersecurity purposes, to monitor, or to operate
defensive measures on their information systems or on those of another
entity (upon written consent). Cyber threat information shared by an
entity with a State, tribal, or local department or agency may be used
for the purpose of preventing, investigating, or prosecuting any of the
offenses described in Section 105, below. Cyber threat information is
exempt from disclosure under any State, tribal, local, or freedom of
information or similar law.
Section 104 further provides that two or more private entities are
not in violation of antitrust laws for exchanging or providing cyber
threat information, or for assisting with the prevention,
investigation, or mitigation of a cybersecurity threat.
Section 105. Sharing of cyber threat indicators and defensive
measures with the Federal Government.
Section 105 directs the Attorney General and Secretary of Homeland
Security to jointly develop policies and procedures to govern how the
Federal Government shares information about cyber threats, including
via an automated real-time process that allows for information systems
to exchange identified cyber threat information without manual efforts,
subject to limited exceptions that must be agreed upon in advance.
Section 105 also directs the Attorney General and Secretary of Homeland
Security, in coordination with heads of appropriate Federal entities
and in consultation with certain privacy officials and relevant private
entities, to jointly issue and make publicly available final privacy
and civil liberties guidelines for Federal entity-based cyber
information sharing.
Section 105 directs the Secretary of Homeland Security, in
coordination with heads of appropriate Federal entities, to develop,
implement, and certify the capability and process through which the
Federal Government receives cyber threat information shared by a non-
Federal entity with the Federal Government. This section also provides
the President with the authority to designate an appropriate Federal
entity, other than the Department of Defense (including the National
Security Agency), to develop and implement an additional capability and
process following a certification and explanation to Congress, as
described in this section. The capability and process at the Department
of Homeland Security, or at any additional appropriate Federal entity
designated by the President, does not prohibit otherwise lawful
disclosures of information related to criminal activities, Federal
investigations, or statutorily or contractually required disclosures.
However, this section does not preclude the Department of Defense,
including the National Security Agency from assisting in the
development and implementation of a capability and process established
consistent with this title. It also shall not be read to preclude any
department or agency from requesting technical assistance or staffing a
request for technical assistance.
Section 105 further provides that cyber threat information shared
with the Federal Government does not waive any privilege or protection,
may be deemed proprietary information by the originating entity, and is
exempt from certain disclosure laws. Cyber threat information may be
used by the Federal government for: cybersecurity purposes; identifying
a cybersecurity threat or vulnerability; responding to, preventing, or
mitigating a specific threat of death, a specific threat of serious
bodily harm, or a specific threat of serious economic harm, including a
terrorist act or a use of a weapon of mass destruction; responding to,
investigating, prosecuting, preventing, or mitigating a serious threat
to a minor; or preventing, investigating, disrupting, or prosecuting an
offense arising out of certain cyber-related criminal activities.
Finally, Section 105 provides that cyber threat information shared
with the Federal Government shall not be used by any Federal, State,
tribal, or local government to regulate non-Federal entities' lawful
activities.
Section 106. Protection from liability.
Section 106 provides liability protection for private entities that
monitor, share, or receive cyber threat information in accordance with
Title I, notwithstanding any other provision of Federal, State, local,
or tribal law. Section 106 further clarifies that nothing in Title I
creates a duty to share cyber threat information or a duty to warn or
act based on receiving cyber threat information. At the same time,
nothing in Title I broadens, narrows, or otherwise affects any existing
duties that might be imposed by other law; Title I also does not limit
any common law or statutory defenses.
Section 107. Oversight of Government activities.
Section 107 requires reports and recommendations on implementation,
compliance, and privacy assessments by agency heads, Inspectors
General, and the Comptroller General of the United States, to ensure
that cyber threat information is properly received, handled, and shared
by the Federal Government.
Section 108. Construction and preemption.
Section 108 contains Title I construction provisions regarding lawful
disclosures; whistleblower protections; protection of sources and
methods; relationship to other laws; prohibited conduct, such as anti-
competitive activities; information sharing relationships; preservation
of contractual rights and obligations; anti-tasking restrictions,
including conditions on cyber threat information sharing; information
use and retention; Federal preemption of State laws that restrict or
regulate Title I activities, excluding those concerning the use of
authorized law enforcement practices and procedures; regulatory
authorities; the Secretary of Defense's authorities to conduct certain
cyber operations; and Constitutional protections in criminal
prosecutions.
Section 109. Report on cybersecurity threats.
Section 109 requires the Director of National Intelligence, with the
heads of other appropriate Intelligence Community elements, to submit a
report to the congressional intelligence committees on cybersecurity
threats, including cyber attacks, theft, and data breaches.
Section 110 Exception to limitation on authority of Secretary
of Defense to disseminate certain information.
Section 110 clarifies that, notwithstanding Section 393(c)(3) of
title 10, United States Code, the Secretary of Defense may authorize
the sharing of cyber threat indicators and defensive measures pursuant
to the policies, procedures, and guidelines developed or issued under
this title.
Section 111. Effective period.
Section 111 establishes Title I and the amendments therein are
effective during the period beginning on the date of enactment of this
Act and ending on September 30, 2025. The provisions of Title I will
remain in effect however, for action authorized by Title I or
information obtained pursuant to action authorized by Title I, prior to
September 30, 2025.
Title II--National Cybersecurity Advancement
subtitle a--national cybersecurity and communications integration
center
Section 201. Short title.
Section 201 establishes that Title II, Subtitle A may be cited as the
``National Cybersecurity Protection Advancement Act of 2015''.
Section 202. Definitions.
Section 202 defines for purposes of Title II, Subtitle A, the terms
``appropriate congressional committees,'' ``cybersecurity risk,''
``incident,'' ``cyber threat indicator,'' ``defensive measure,''
``Department,'' and ``Secretary.''
[[Page H9672]]
Section 203. Information sharing structure and processes.
Section 203 enhances the functions of the Department of Homeland
Security's National Cybersecurity and Communications Integration
Center, established in section 227 of the Homeland Security Act of 2002
(redesignated by this Act). It designates the Center as a Federal
civilian interface for multi-directional and cross-sector information
sharing related to cybersecurity risks, incidents, analysis and
warnings for Federal and non-Federal entities, including the
implementation of Title I of this Act. This section requires the Center
to engage with international partners; conduct information sharing with
Federal and non-Federal entities; participate in national exercises;
and assess and evaluate consequence, vulnerability and threat
information regarding cyber incidents to public safety communications.
Additionally, this section requires the Center to collaborate with
state and local governments on cybersecurity risks and incidents. The
Center will comply with all policies, regulations, and laws that
protect the privacy and civil liberties of United States persons,
including by working with the Privacy Officer to ensure the Center
follows the privacy policies and procedures established by title I of
this Act.
Section 203 requires the Department of Homeland Security, in
coordination with industry and other stakeholders, to develop an
automated capability for the timely sharing of cyber threat indicators
and defensive measures. It is critical for the Department to develop an
automated system and supporting processes for the Center to disseminate
cyber threat indicators and defensive measures in a timely manner.
This section permits the Center to enter into voluntary information
sharing relationships with any consenting non-Federal entity for the
sharing of cyber threat indicators, defensive measures, and information
for cybersecurity purposes. This section is intended to provide the
Department of Homeland Security additional options to enter into
streamlined voluntary information sharing agreements. This section
allows the Center to utilize standard and negotiated agreements as the
types of agreements that non-Federal entities may enter into with the
Center. However, it makes clear that agreements are not limited to just
these types, and preexisting agreements between the Center and the non-
Federal entity will be in compliance with this section.
Section 203 requires the Director of the Center to report directly to
the Secretary for significant cybersecurity risks and incidents. This
section requires the Secretary to submit to Congress a report on the
range of efforts underway to bolster cybersecurity collaboration with
international partners. Section 203 allows the Secretary to develop and
adhere to Department policies and procedures for coordinating
vulnerability disclosures.
Section 204. Information sharing and analysis organizations.
Section 204 amends Section 212 of the Homeland Security Act to
clarify the functions of Information Sharing and Analysis Organizations
(ISA0s) to include cybersecurity risk and incident information beyond
that pertaining to critical infrastructure. ISA0s, including
Information Sharing and Analysis Centers (ISACs) have an important role
to play in facilitating information sharing going forward and has
clarified their functions as defined in the Homeland Security Act.
Section 205. National response framework
Section 205 amends the Homeland Security Act of 2002 to require the
Secretary of the Department of Homeland Security, with proper
coordination, to regularly update the Cyber Incident Annex to the
National Response Framework of the Department of Homeland Security.
Section 206 Report on reducing cybersecurity risks in DHS
data centers.
Section 206 requires the Secretary of the Department of Homeland
Security to submit a report to Congress not later than 1 year after the
date of the enactment of this Act on the feasibility of using
compartmentalization between systems to create conditions conducive to
reduced cybersecurity risks in data centers.
Section 207. Assessment.
Section 207 requires the Comptroller General of the United States not
later than 2 years after the date of enactment of this Act to submit a
report on the implementation of Title II, including increases in the
sharing of cyber threat indicators at the National Cybersecurity and
Communications Integration Center and throughout the United States.
Section 208. Multiple simultaneous cyber incidents at
critical infrastructure.
Section 208 requires the appropriate Department of Homeland Security
Under Secretary to draft and submit to Congress not later than 1 year
after the date of enactment of this Act a report on the feasibility of
producing a risk-informed plan to address the risks of multiple
simultaneous cyber incidents affecting critical infrastructure as well
as cascade effects.
Section 209. Report on cybersecurity vulnerabilities of
United States ports.
Section 209 requires the Secretary of Homeland Security not later
than 180 days after the date of enactment of this Act to submit to
Congress a report on the vulnerability of United States ports to
cybersecurity incidents, as well as potential mitigations.
Section 210. Prohibition on new regulatory authority.
Section 210 clarifies that the Secretary of Homeland Security does
not gain any additional regulatory authorities in this subtitle.
Section 211. Termination of reporting requirements.
Section 211 adds a 7-year sunset on the reporting requirements in
Title II, Subtitle A.
subtitle b--federal cyberseccrity enhancement
Section 221. Short title.
Section 221 establishes that Title II, Subtitle B may be cited as the
``Federal Cybersecurity Enhancement Act of 2015''.
Section 222. Definitions.
Section 222 defines for purposes of Title II, Subtitle B, the terms
``agency,'' ``agency information system,'' ``appropriate congressional
committees,'' ``cybersecurity risk,'' ``information system,''
``Director,'' ``intelligence community,'' ``national security system,''
and ``Secretary.''
Section 223. Improved Federal network security.
Section 223 amends the Homeland Security Act of 2002 by amending
Section 228, as redesignated, to require an intrusion assessment plan
for Federal agencies and adding a Section 230 to authorize a federal
intrusion detection and prevention capabilities'' for Federal agencies.
Section 230 of the Homeland Security Act of 2002, as added by Section
223(a) of the bill, authorizes the Secretary of Homeland Security to
employ the Department's intrusion detection and intrusion prevention
capabilities, operationally implemented under the ``EINSTEIN''
programs, to scan agencies' network traffic for malicious activity and
block it. The Secretary and agencies with sensitive data are expected
to confer regarding the sensitivity of, and statutory protections
otherwise applicable to, information on agency information systems. The
Secretary is expected to ensure that the policies and procedures
developed under section 230 appropriately restrict and limit Department
access, use, retention, and handling of such information to protect the
privacy and confidentiality of such information, including ensuring
that the Department protects such sensitive data from disclosure, and
trains appropriate staff accordingly.
Section 223(b) mandates that agencies deploy and adopt those
capabilities within one year for all network traffic traveling to or
from each information system owned or operated by the agency, or two
months after the capabilities are first made available to the agency,
whichever is later. The subsection also requires that agencies adopt
improvements added to the intrusion detection and prevention
capabilities six months after they are made available. Improvements is
intended to be read broadly to describe expansion of the capabilities,
new systems, and added technologies, for example: non-signature based
detection systems such as heuristic- and behavior-based detection, new
countermeasures to block malicious traffic beyond e-mail filtering and
Domain Name System (DNS)-sinkholing,\1\ and scanning techniques that
allow scanning of encrypted traffic.
Section 224. Advanced internal defenses.
Section 224 directs the Secretary of Homeland Security to add
advanced network security tools to the Continuous Diagnostics and
Mitigation program; develop and implement a plan to ensure agency use
of advanced network security tools; and, with the Director of the
Office of Management and Budget, prioritize advanced security tools and
update metrics used to measure security under the Federal Information
Security Management Act of 2002.
Section 225. Federal cybersecurity requirements.
Section 225 adds a statutory requirement for the head of each agency
not later than 1 year after the date of the enactment of this Act to
implement several standards on their networks to include identification
of sensitive and mission critical data, use of encryption, and multi-
factor authentication.
Section 226. Assessment; reports.
Section 226 includes a requirement for a Government Accountability
Office study to be conducted on the effectiveness of this approach and
strategy. It also requires reports
[[Page H9673]]
from the Department of Homeland Security, Federal Chief Information
Officer, and the Office of Management and Budget. Required reporting
includes an annual report from the Department of Homeland Security on
the effectiveness and privacy controls of the intrusion detection and
prevention capabilities; information on adoption of the intrusion
detection and capabilities at agencies in the Office of Management and
Budget's annual Federal Information Security Management Act report; an
assessment by the Federal Chief Information Officer within two years of
enactment as to continued value of the intrusion detection and
prevention capabilities; and a Government Accountability report in
three years on the effectiveness of Federal agencies' approach to
securing agency information systems.
Section 227. Termination.
Section 227 creates a 7-year sunset for the authorization of the
intrusion detection and prevention capabilities in Section 230 of the
Homeland Security Act of 2002, as added by Section 223(a).
Section 228. Identification of information systems relating
to national security.
Section 228 requires the Director of National Intelligence and the
Director of the Office of Management, in coordination with other
agencies, not later than 180 days after the date of enactment of this
Act to identify unclassified information systems that could reveal
classified information, and submit a report assessing the risks
associated with a breach of such systems and the costs and impact to
designate such systems as national security systems.
Section 229. Direction to agencies.
Section 229 authorizes the Secretary of Homeland Security to issue an
emergency directive to the head of an agency to take any lawful action
with respect to the operation of an information system for the purpose
of protecting such system from an information security threat. In
situations in which the Secretary has determined there is an imminent
threat to an agency, the Secretary may authorize the use of intrusion
detection and prevention capabilities in accordance with established
procedures, including notice to the affected agency.
Title III--Federal Cybersecurity Workforce Assessment
Section 301. Short title.
Section 301 establishes Title III may be cited as the ``Federal
Cybersecurity Workforce Assessment Act of 2015''.
Section 302. Definitions.
Section 302 defines for purposes of Title III the terms ``appropriate
congressional committees,'' ``Director,'' ``National Initiative for
Cybersecurity Education,'' and ``work roles.''
Section 303. National cybersecurity workforce measurement
initiative.
Section 303 requires the head of each Federal agency to identify all
positions within the agency that require the performance of
cybersecurity or other cyber-related functions, and report the
percentage of personnel in such positions holding the appropriate
certifications, the level of preparedness of personnel without
certifications to take certification exams, and a strategy for
mitigating any identified certification and training gaps.
Section 304. Identification of cyber-related work roles of
critical need.
Section 304 requires the head of each Federal agency to identify
information technology, cybersecurity, or other cyber-related roles of
critical need in the agency's workforce, and substantiate as such in a
report to the Director of the Office of Personnel Management. Section
304 also requires the Director of the Office of Personnel Management to
submit a subsequent report not later than 2 years after the date of the
enactment of this Act, on critical needs for information technology,
cybersecurity, or other cyber-related workforce across all Federal
agencies, and the implementation of this section.
Section 305. Government Accountability Office status reports.
Section 305 requires the Comptroller General of the United States to
analyze and monitor the implementation of sections 303 and 304 and not
later than 3 years after the date of the enactment of this Act submit a
report on the status of such implementation.
Title IV--Other Cyber Matters
Section 401. Study on mobile device security.
Section 401 requires the Secretary of Homeland Security not later
than 1 year after the date of the enactment of this Act to conduct a
study on threats relating to the security of the mobile devices used by
the Federal Government, and submit a report detailing the findings and
recommendations arising from such study.
Section 402. Department of State international cyberspace
policy strategy.
Section 402 requires the Secretary of State not later than 90 days
after the date of the enactment of this Act to produce a comprehensive
strategy relating to United States international policy with regard to
cyberspace, to include a review of actions taken by the Secretary of
State in support of the President's International Strategy for
Cyberspace and a description of threats to United States national
security in cyberspace.
Section 403. Apprehension and prosecution of international
cyber criminals.
Section 403 requires the Secretary of State, or a designee, to
consult with countries in which international cyber criminals are
physically present and extradition to the United States is unlikely, to
determine what efforts the foreign country has taken to apprehend,
prosecute, or otherwise prevent the carrying out of cybercrimes against
United States persons or interests. Section 403 further requires an
annual report that includes statistics and extradition status about
such international cyber criminals.
Section 404. Enhancement of emergency services.
Section 404 requires the Secretary of Homeland Security not later
than 90 days after the date of the enactment of this Act to establish a
process by which a Statewide Interoperability Coordinator may report
data on any cybersecurity risk or incident involving any information
system or network used by emergency response providers within the
state. Reported data will be analyzed and used in developing
information and recommendations on security and resilience on measures
for information systems and networks used by state emergency response
providers.
Section 405. Improving cybersecurity in the health care
industry.
Section 405 requires the Secretary of Health and Human Services to
establish a task force and not later than 1 year after the date of
enactment of the task force to submit a report on the Department of
Health and Human Services and the health care industry's preparedness
to respond to cybersecurity threats. In support of the report, the
Secretary of Health and Human Services will convene health care
industry stakeholders, cybersecurity experts, and other appropriate
entities, to establish a task force for analyzing and disseminating
information on industry-specific cybersecurity challenges and
solutions.
Consistent with subsection (e), it is Congress's intention to allow
Health and Human Services the flexibility to leverage and incorporate
ongoing activities as of the day before the date of enactment of this
act to accomplish the goals set forth for this task force.
Section 406. Federal computer security.
Section 406 requires the Inspector General of any agency operating a
national security system, or a Federal computer system that provides
access to personally identifiable information, not later than 240 days
after the date of enactment of this Act to submit a report regarding
the federal computer systems of such agency, to include information on
the standards and processes for granting or denying specific requests
to obtain and use information and related information processing
services, and a description of the data security management practices
used by the agency.
Section 407. Stopping the fraudulent sale offinancial
information of people of the United States.
Section 407 amends 18 U.S. Code Sec. 1029 by enabling the Federal
Government to prosecute overseas criminals who profit from financial
information that has been stolen from Americans.
endnote
\1\ Use of a DNS server configured to direct attackers away from
network infrastructure.
Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 2 minutes to the
distinguished gentlewoman from Minnesota (Ms. McCollum), the ranking
minority member of the Interior, Environment, and Related Agencies
Subcommittee.
Ms. McCOLLUM. Mr. Speaker, I rise in support of this omnibus
appropriations agreement.
This agreement reflects a truly bipartisan compromise that fulfills
Congress' most basic responsibility: to fund the operations of the
Federal Government.
As the ranking member of the Interior, Environment, and Related
Agencies Subcommittee, I am thrilled to be supporting our
subcommittee's section of the bill. I want to remind everyone that in
July, our bill died on the floor. It was underfunded, and it was loaded
with partisan riders that harmed the environment and failed to meet the
needs of the American people.
This is not a perfect bill, but it is a remarkable improvement. This
bill
[[Page H9674]]
provides critical resources to important programs ranging from clean
air and water, natural resources, to Native Americans and the arts. For
the first time in 5 years, the Environmental Protection Agency is not
being cut.
The agreement provides $93 million in increased support to the
National Park Service programs, and it funds the National Parks
Centennial Initiative. Democrats and Republicans are equally committed
to fund Native American programs, which received an increase of 5
percent over 2015, important increases for education, health, and
tribal government programs.
The Land and Water Conservation Fund is reauthorized for 3 years and
funded at $450 million, the highest level of funding since 2010. The
National Endowment for the Arts and Humanities are funded at the
President's request, which is terrific.
The real victory that is here for the American people is that this
agreement removes policy riders that were bad for the environment, bad
for our air and our water, and bad for our families. Those riders are
gone from this bill, and that is a victory.
Mr. Speaker, I want to thank Chairman Calvert for a very positive
working relationship this year, and I appreciate the courtesy and the
respect the gentleman and the Republican staff have shown me and my
staff. The Democratic Appropriations staff worked incredibly hard to
protect our priorities in this bill.
Mr. Speaker, I urge support.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from Texas (Mr. Conaway), the distinguished chairman of the
Agriculture Committee.
Mr. CONAWAY. Mr. Speaker, I want to thank the chairman and Chairman
Aderholt for the consideration they gave to our input. They were kind
in that consideration, and we certainly appreciate that.
Mr. Speaker, we have heard reasons why to vote for this bill: defense
spending and lifting the ban on crude oil. Let me add one other aspect,
and that is the repeal of the Country of Origin Labeling requirements
that are currently in law. By repealing Country of Origin Labeling, we
help American producers avoid in excess of $1 billion of retaliatory
measures that Mexico and Canada are spring-loading to begin applying
against American production. This repeal avoids that. Mr. Speaker, in
my view, this adds additional weight to why I am supporting this bill.
I would hope that my colleagues would look at the defense spending
and look at the crude oil ban, but also look at the repeal of COOL as a
reason why to support this bill and move it to the Senate and then to
the President's desk.
Mr. Speaker, I ask my colleagues to vote ``yes'' as I am. With that,
again, I thank the chairman for his consideration during this process.
We appreciate being a part of the work, and I look forward to
supporting it.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Pennsylvania (Mr. Fattah), a senior member of the Appropriations
Committee.
Mr. FATTAH. Mr. Speaker, I thank the gentlewoman, and I thank
Chairman Rogers and the work of the staff.
Mr. Speaker, I think we have a bill here that the House can fully
embrace. The point that I want to make is that we have in this bill
major spending programs that are going to help tens of millions of
Americans improve their life chances.
On the health side, on education, and on housing, I particularly want
to indicate how pleased I am that we were able to increase very
significantly our investments in brain science and brain research. We
were able to almost double the President's request on youth mentoring.
There are areas--everything from Commercial Crew to efforts to combat
drug addiction--that would commend this bill for favorable support here
in this House.
I want to thank the committee for all of its great work. I want to
particularly thank my staff for the work that they have done. We will
have a chance to indicate, as we go forward after the holiday, some of
the particulars, but I will single out one right here right now.
There was a young police officer who was in a gun battle in my
district trying to protect life and property. Our commissioner said it
was the most courageous act he ever saw of a police officer. In this
bill today, we name a program in the Department of Justice, a program
focused on lessening violence against police officers, after this young
officer, Robert Wilson III.
It is not an effort in which we want to just think about money. I
thank the chairman and the ranking member for their cooperation in this
effort because I think it, in symbol and in substance, says to those
who protect our communities that we, indeed, care about them and we
understand the dangers that they face.
Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my
time.
Mrs. LOWEY. Mr. Speaker, may I ask how much time is remaining.
The SPEAKER pro tempore. The gentlewoman from New York has 4\1/2\
minutes remaining. The gentleman from Kentucky has 4 minutes remaining.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as we close this debate, I want to extend my
appreciation, again, to Chairman Rogers, his staff, my able staff, and
my chairman, Kay Granger. It has really been a pleasure working
together to produce this bill.
Mr. Speaker, as we close this session, I just want to reiterate the
message that Chairman Rogers has been sharing with us on the committee
and here on the floor of the House: it is time for regular order. We
should deal with each of the 12 bills independently and bring them to
the floor for a vote. Although there has been a lot of negotiation and
a lot of compromise working on this omnibus bill, I am very proud of
the product that we produce.
Whether it is funding the National Institutes of Health or education
or Head Start or taking care of our veterans or in this very, very
difficult time where we have challenges all over the world, I close my
comments to tell Chairman Rogers what a pleasure it is to work with him
and to complete this bill, which I know--I know--will have an important
impact on our families, our veterans, and all those who serve in the
military with such distinction.
Mr. Speaker, I reserve the balance of my time.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the
gentleman from Oklahoma (Mr. Cole), the distinguished chairman of the
Labor-HHS Subcommittee of our Appropriations Committee.
Mr. COLE. Mr. Speaker, I thank the gentleman for yielding.
Frankly, I want to, number one, tell you how pleased I am with the
portion of the bill that we were able to work with. My friend, the
distinguished gentlewoman from Connecticut, and I worked together, and
our members worked hard.
We are exceptionally pleased to begin to reinvest again at the
National Institutes of Health, to put $350 million for additional
research in Alzheimer's, to put over $500 million into additional early
childhood education, to send back to the States, frankly, over $400
million for IDEA, and to help school districts deal with children with
special needs.
We were exceptionally pleased to be able to preserve--in fact, aid--
something that the President had significantly reduced. But in saying
that, I want to say we had a good working relationship with the
administration.
So this is a good product. This actually serves some really important
purposes. I felt like we worked together in a bipartisan way to
prioritize things that matter to all of us and certainly that matter
very deeply to the American people.
I want to, again, close by thanking my good friend from Connecticut
(Ms. DeLauro) for working with us. I want to particularly thank my
friend, the ranking member, who worked very hard. I am especially proud
of my chairman, Mr. Rogers from Kentucky, because I think he not only
produced a very good product under very difficult circumstances, he
also has brought us closer to restoring full regular order, which I
know is his aim.
The last people to thank, of course, are the people that make it all
possible. We have had just a brilliant staff effort, hardworking,
dedicated, thoroughly professional, and, frankly, bipartisan. So I want
to thank each and every one of them.
I would be remiss if I didn't single out, if I may, Mr. Speaker, my
own chief clerk, Susan Ross, who I thought
[[Page H9675]]
did an exceptional job, and to also thank Will Smith, our chief clerk
of the committee for his extraordinary job.
Mr. Speaker, I urge passage of the bill.
Mrs. LOWEY. Mr. Speaker, may I ask how much time is remaining.
The SPEAKER pro tempore. The gentlewoman from New York has 2\1/2\
minutes remaining.
Mrs. LOWEY. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from
Maryland (Mr. Hoyer), the distinguished whip.
{time} 1430
Mr. HOYER. Mr. Speaker, I thank Ranking Member Lowey and Chairman
Rogers for their leadership on this bill.
Mr. Speaker, there is no such thing as a perfect bill. There are a
number of things about this bill that I would change--and, to that
extent, I am probably like everybody else in this House--and that I
opposed when they were brought to the floor on their own; specifically,
ending the 40-year ban on crude oil exports.
However, this bill, in addition, fails to include language that will
enable Puerto Rico to restructure its debt at no cost to the taxpayer,
which is a resource the Puerto Rican Government deserves to avoid real
harm to our citizens living on the island. The Speaker has indicated a
willingness to work across the aisle on this early next year. We must
do so.
But this omnibus represents a compromise that will avert a government
shutdown and continue our investment in national security, education,
housing, public health, innovation, environmental protection, and
maintaining justice. No one--as never happens--is going to get
everything they want or prevent everything they oppose from being
included.
Businesses and workers across our country deserve the certainty that
comes from ensuring that our government remains open and serving the
American people.
I am glad that the most egregious partisan policy riders were removed
from this bill. I congratulate Mr. Rogers and Mrs. Lowey for that
accomplishment.
I believe we can do better, especially when it comes to making
investments in areas that grow our economy, such as infrastructure,
research and innovation, higher education, and workforce development.
But I will support this omnibus, and I urge my colleagues to support
this omnibus because we must not let the perfect stand in the way of
the practical and the appropriate.
It is our responsibility not to kick the can down the road with a
continuing resolution, but to pass commonsense appropriations that
avert the dangers to our economy that stem from a shutdown. This bill
achieves those goals. I hope we can move into the new year with a
renewed sense of what we ought to do together to invest in a stronger
future for America.
I urge my colleagues to vote ``yes'' on this omnibus bill.
I thank Mr. Rogers and Mrs. Lowey for their leadership.
The SPEAKER pro tempore. The time of the gentlewoman from New York
has expired.
Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, we would not be here without the work of this great
staff that we have mentioned time and again today. These people have
worked tireless hours all night. They have had one day off since before
Thanksgiving, and that was Thanksgiving day itself. I want to say a
word of thanks again to the great staff, led by the chief clerk, Will
Smith.
I thank Will for the great job and Jim Kulikowski, his deputy, and
all of the other staff on both sides of the aisle. Thank you so much to
David for his great work.
Mr. Speaker, we should not be here under these circumstances. We
should not be here dealing with a bill that funds the entire government
in one package, this so-called omnibus appropriations bill.
We are supposed to pass 12 separate bills, bring them to the floor
separately, and then conference with the Senate separately. We were on
track to do that. We got the earliest start in our history this year.
Yet, the Senate refused to allow any of the bills we sent over to be
brought to the floor, forcing us into this omnibus.
Next year I hope it is different and I hope the Senate will bring
these bills to their floor so we can separate them into 12 different
packages, conference them, debate them, amend them, and pass them in
regular order. In the meantime, this is our only choice to keep the
government open, and that is to pass this omnibus appropriations bill.
I want to thank all of the members of my committee, all of the
chairmen of the subcommittees, all of the ranking members on the other
side, and all of the staff on the subcommittee level, who have worked
time and again night after night on putting together this extremely
large and complex appropriations bill and added to it several other
authorizing pieces of legislation that were tacked onto this bill.
Nevertheless, it is a good bill. There are things I wish I could have
gotten in the bill that we were unable to. I am sure my counterpart,
Mrs. Lowey, has the same feeling. But this is the best we can do.
I urge Members to vote for the bill.
I yield back the balance of my time.
Mr. CALVERT. Mr. Speaker, I rise today to support the fiscal year
2016 Omnibus Appropriations bill.
The Interior division of the Omnibus is a very difficult piece of the
bill with many competing needs and interests. This legislation attempts
to fairly balance the needs of our agencies and programs. It also
continues the Subcommittee's work on fire, domestic energy production,
the National Parks, and tribal programs.
This bill provides funding for fire suppression at the 10-year
average level and includes a total of $1 billion in the FLAME wildfire
suppression reserve account to help avoid the need to borrow resources
from other forest programs to put out wildland fires. It also provides
additional resources to reduce hazardous fuel loads on public lands.
It provides additional funding for the National Park Service,
including new funds for initiatives related to the Service's Centennial
next year and the Centennial Challenge matching grant program. This
bill makes significant investments in healthcare, law enforcement and
educational programs in Indian Country. We have made a concerted effort
to meet our moral and legal obligations, and to honor our longstanding
commitments, to American Indians and Alaska Natives.
This bill also promotes voluntary, non-regulatory fish and wildlife
conservation programs in partnership with States and Tribes, and
increases funding for important international programs.
This bill builds on previous efforts to promote domestic energy and
mineral development both onshore and offshore. I know that many Western
Members are disappointed--I'm disappointed. Many important and well-
developed policy provisions so important to the west were removed at
the insistence of the other side of the aisle and in deference to a
unique opportunity to expand energy exports. However, permanently
lifting the ban on oil exports will yield economic benefits for
generations and will improve America's geopolitical posture in the
world.
Next year I will be working with the Chairman of the Full Committee
and Leadership to ensure regular order so that all our Member interests
are represented in the normal appropriations process, and are not swept
up in the kind of negotiations that are required to produce an Omnibus.
Before I close, I want to thank our Ranking Member, Ms. McCollum, of
Minnesota. She has been a frank and honest partner and friend this year
as we worked through our hearings, wrote our bill, and moved it through
the legislative process to completion.
I also want to thank Chairman Rogers for his support of the Interior
Subcommittee and leadership of the full Committee. Kudos to you, Mr.
Chairman, for bringing the fiscal year 2016 appropriations process to a
successful conclusion again this year.
Finally, I would like to thank the staff who have worked hundreds of
hours on this bill. My clerk Dave LesStrang, Darren Benjamin, Betsy
Bina, Jason Gray, Jackie Kilroy, and Kristin Richmond. Also Ian Foley
and Rebecca Keightley in my office.
Mr. Speaker, in closing, I urge Members on both sides of the aisle to
support this important legislation. I want to wish my colleagues a very
Merry Christmas and a happy holiday season.
Mr. ASHFORD. Mr. Speaker, I rise to thank you for recognizing the
need to make this country safer from such horrible highly infectious
diseases such as Ebola. I am glad that the 113th Congress had the
foresight to improve our preventive and treatment options to
[[Page H9676]]
fight Ebola during consideration of the Fiscal Year 2015 Appropriations
Act that included emergency funding to protect our American citizens
from this disease should such deadly illnesses ever spread to the USA.
As we debate the Fiscal Year 2016 Omnibus Appropriations package
before us today we have again wisely included language that will allow
the unused funds from the emergency supplemental to be used to assist
institutions to not only buy equipment and instruments but to also
perform much needed renovation to existing structures and construct or
expand facilities. It is vitally important that we maintain a core
infrastructure capacity to preserve our national readiness capability.
The use of already appropriated funds for the purposes of purchasing
equipment, construction, renovation or expansion is prudent and
appropriate.
I rise just to thank you for your diligence on this and your
foresight to prevent the possibility of an outbreak of a highly
infectious illness like Ebola from occurring in the United States. I
also appreciate the Chairman's partnership in ensuring that we were
able to address this need without adding new funding and still
strengthen our country's defenses against highly infectious diseases.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 566, the previous question is ordered on
this portion of the divided question.
The question is: Will the House concur in the Senate amendment with
the House amendment specified in section 3(a) of House Resolution 566?
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. ROGERS of Kentucky. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to section 2 of House Resolution
566 and clause 8 of rule XX, further proceedings on this question will
be postponed.
____________________