[United States Statutes at Large, Volume 129, 114th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 114-113
114th Congress
An Act
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2016, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2016''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Technical allowance for estimating differences.
Sec. 8. Corrections.
Sec. 9. Adjustments to compensation.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations/Global War on Terrorism
[[Page 2243]]
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
[[Page 2244]]
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016
DIVISION N--CYBERSECURITY ACT OF 2015
DIVISION O--OTHER MATTERS
DIVISION P--TAX-RELATED PROVISIONS
DIVISION Q--PROTECTING AMERICANS FROM TAX HIKES ACT OF 2015
SEC. 3. <> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
of Representatives section of the Congressional Record on or about
December 17, 2015 by the Chairman of the Committee on Appropriations of
the House, shall have the same effect with respect to the allocation of
funds and implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2016.
SEC. 6. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available (or rescinded, if applicable) only if the
President subsequently so designates all such amounts and transmits such
designations to the Congress.
SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIFFERENCES.
If, for fiscal year 2016, new budget authority provided in
appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences with
the Congressional Budget Office, an adjustment to the discretionary
spending limit in such category for fiscal year 2016 shall be made by
the Director of the Office of Management and Budget in the amount of the
excess but the total of all such adjustments shall not exceed 0.2
percent of the sum of the adjusted discretionary spending limits for all
categories for that fiscal year.
SEC. 8. CORRECTIONS.
The Continuing Appropriations Act, 2016 (Public Law 114-53) is
amended--
(1) by changing the long title so as to read: ``Making
continuing appropriations for the fiscal year ending September
30, 2016, and for other purposes.'';
(2) by inserting after the enacting clause (before section
1) the following: ``DIVISION A--TSA OFFICE OF INSPECTION
ACCOUNTABILITY ACT OF 2015'';
[[Page 2245]]
(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
[[Page 2246]]
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.
[[Page 2247]]
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.
[[Page 2248]]
Office of Ethics
For necessary expenses of the Office of Ethics, $3,654,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $893,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$85,373,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $168,443,000, of which up to $42,177,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,143,825,000: <> Provided, That appropriations
hereunder shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed one for replacement only:
Provided further, That appropriations hereunder shall be available
pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair
of buildings and improvements, but unless otherwise provided, the cost
of constructing any one building shall not exceed $375,000, except for
headhouses or greenhouses which shall each be limited to $1,200,000, and
except for 10 buildings to be constructed or improved at a cost not to
exceed $750,000 each, and the cost of altering any one building during
the fiscal year shall not exceed 10 percent of the current replacement
value of the building or $375,000, whichever is greater: Provided
further, That the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing facilities at
Beltsville, Maryland: Provided further, That appropriations hereunder
shall be available for granting easements at the Beltsville Agricultural
Research Center: Provided further, That the foregoing limitations shall
not apply to replacement of buildings needed to carry out the Act of
April 24, 1948 (21 U.S.C. 113a): Provided further, That appropriations
hereunder shall be available for granting easements at any Agricultural
Research Service location for the construction of a research facility by
a non-Federal entity for use by, and acceptable to, the Agricultural
Research
[[Page 2249]]
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.
[[Page 2250]]
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
[[Page 2251]]
(22 U.S.C. 4085), $894,415,000, of which $470,000, to remain available
until expended, shall be available for the control of outbreaks of
insects, plant diseases, animal diseases and for control of pest animals
and birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $11,520,000, to remain available until
expended, shall be used for the cotton pests program for cost share
purposes or for debt retirement for active eradication zones; of which
$35,339,000, to remain available until expended, shall be for Animal
Health Technical Services; of which $697,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as amended (15
U.S.C. 1831); of which $55,340,000, to remain available until expended,
shall be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $158,000,000, to remain available until
expended, shall be for specialty crop pests; of which, $8,826,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $54,000,000, to remain available until
expended, shall be for tree and wood pests; of which $3,973,000, to
remain available until expended, shall be for the National Veterinary
Stockpile; of which up to $1,500,000, to remain available until
expended, shall be for the scrapie program for indemnities; of which
$2,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended: Provided
further, That of amounts available under this heading for the screwworm
program, $4,990,000 shall remain available until expended: Provided
further, That no funds shall be used to formulate or administer a
brucellosis eradication program for the current fiscal year that does
not require minimum matching by the States of at least 40 percent:
Provided further, That this appropriation shall be available for the
operation and maintenance of aircraft and the purchase of not to exceed
five, of which two shall be for replacement only: Provided further,
That in addition, in emergencies which threaten any segment of the
agricultural production industry of this country, the Secretary may
transfer from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such emergency purposes
in the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 2016, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or
[[Page 2252]]
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.
[[Page 2253]]
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.
[[Page 2254]]
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.
[[Page 2255]]
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described in
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 Stat.
1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
and Indian highly fractionated land loans (25 U.S.C. 488) to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: $2,000,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans; $1,393,443,000 for
unsubsidized guaranteed operating loans and $1,252,004,000 for direct
operating loans; emergency loans, $34,667,000; Indian tribe land
acquisition loans, $2,000,000; guaranteed conservation loans,
$150,000,000; Indian highly fractionated land loans, $10,000,000; and
for boll weevil eradication program loans, $60,000,000: Provided, That
the Secretary shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm operating loans,
$53,961,000 for direct operating loans, $14,352,000 for unsubsidized
guaranteed operating loans, and emergency loans, $1,262,000, to remain
available until expended.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $314,918,000, of which $306,998,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
[[Page 2256]]
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).
[[Page 2257]]
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.
[[Page 2258]]
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:
[[Page 2259]]
Provided further, That applicants in communities that have a current
rural area waiver under section 541 of the Housing Act of 1949 (42
U.S.C. 1490q) shall be treated as living in a rural area for purposes of
section 502 guaranteed loans provided under this heading: Provided
further, That of the amounts available under this paragraph for section
502 direct loans, no less than $5,000,000 shall be available for direct
loans for individuals whose homes will be built pursuant to a program
funded with a mutual and self-help housing grant authorized by section
523 of the Housing Act of 1949 until June 1, 2016.
In addition, for the cost of direct loans, grants, and contracts, as
authorized by 42 U.S.C. 1484 and 1486, $15,125,000, to remain available
until expended, for direct farm labor housing loans and domestic farm
labor housing grants and contracts: Provided, That any balances
available for the Farm Labor Program Account shall be transferred to and
merged with this account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $417,854,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $1,389,695,000; and in
addition such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to
carry out the rental assistance program under section 521(a)(2) of the
Act: Provided, That rental assistance agreements entered into or
renewed during the current fiscal year shall be funded for a one-year
period: Provided further, That any unexpended balances remaining at the
end of such one-year agreements may be transferred and used for purposes
of any debt reduction; maintenance, repair, or rehabilitation of any
existing projects; preservation; and rental assistance activities
authorized under title V of the Act: Provided further, That rental
assistance provided under agreements entered into prior to fiscal year
2016 for a farm labor multi-family housing project financed under
section 514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period of 12
consecutive months, if such project has a waiting list of tenants
seeking such assistance or the project has rental assistance eligible
tenants who are not receiving such assistance: Provided further, That
such recaptured rental assistance shall, to the extent practicable, be
applied to another farm labor multi-family housing project financed
under section 514 or 516 of the Act: Provided further, That of the
total amount provided, up to $75,000,000 shall be available until
September 30, 2017, for renewal of rental assistance agreements within
the 12-month contract period: Provided further, That the Secretary
shall provide to the Committees on Appropriations of both Houses of
Congress quarterly reports on the number of renewals approved pursuant
to the preceding proviso, on the amount of rental assistance available,
and the anticipated need for rental assistance for the remainder of the
fiscal year: Provided further, That except
[[Page 2260]]
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
[[Page 2261]]
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
[[Page 2262]]
by section 306(a)(19) of such Act: Provided further, That sections
381E-H and 381N of the Consolidated Farm and Rural Development Act are
not applicable to the funds made available under this heading: Provided
further, That for the purposes of determining eligibility or level of
program assistance the Secretary shall not include incarcerated prison
populations.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $62,687,000, to remain available until
expended: Provided, That of the amount appropriated under this heading,
not to exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical assistance for
rural transportation in order to promote economic development and
$3,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C.
2009aa et seq.) for any Rural Community Advancement Program purpose as
described in section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That for purposes of determining
eligibility or level of program assistance the Secretary shall not
include incarcerated prison populations: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $5,217,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$531,000 shall be available through June 30, 2016, for Federally
Recognized Native American Tribes; and of which $1,021,000 shall be
available through June 30, 2016, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
[[Page 2263]]
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
[[Page 2264]]
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,
[[Page 2265]]
$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.),
[[Page 2266]]
except sections 17 and 21; $22,149,746,000 to remain available through
September 30, 2017, of which such sums as are made available under
section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $17,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $25,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies and
schools to purchase the equipment needed to serve healthier meals,
improve food safety, and to help support the establishment, maintenance,
or expansion of the school breakfast program: Provided further, That of
the total amount available, $16,000,000 shall remain available until
expended to carry out section 749(g) of the Agriculture Appropriations
Act of 2010 (Public Law 111-80): Provided further, That section 26(d)
of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d))
is amended in the first sentence by striking ``2010 through 2015'' and
inserting ``2010 through 2016''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $6,350,000,000, to remain available through
September 30, 2017: Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than
$60,000,000 shall be used for breastfeeding peer counselors and other
related activities, and $13,600,000 shall be used for infrastructure:
Provided further, That none of the funds provided in this account shall
be available for the purchase of infant formula except in accordance
with the cost containment and competitive bidding requirements specified
in section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully reimbursed
by other Federal Government departments or agencies unless authorized by
section 17 of such Act: Provided further, That upon termination of a
federally mandated vendor moratorium and subject to terms and conditions
established by the Secretary, the Secretary may waive the requirement at
7 CFR 246.12(g)(6) at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $80,849,383,000, of which $3,000,000,000,
to remain available through December 31, 2017, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
available for the contingency reserve under the heading ``Supplemental
Nutrition Assistance Program'' of division A of Public Law 113-235 shall
be available until December 31, 2016: Provided further, That funds
provided herein shall be expended in accordance with section 16 of the
Food and Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to provide
[[Page 2267]]
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.
[[Page 2268]]
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
[[Page 2269]]
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
[[Page 2270]]
from tobacco product user fees authorized by 21 U.S.C. 387s, and shall
be credited to this account and remain available until expended:
Provided further, That in addition to and notwithstanding any other
provision under this heading, amounts collected for prescription drug
user fees, medical device user fees, human generic drug user fees,
biosimilar biological product user fees, animal drug user fees, and
animal generic drug user fees that exceed the respective fiscal year
2016 limitations are appropriated and shall be credited to this account
and remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic drug,
biosimilar biological product, animal drug, and animal generic drug
assessments for fiscal year 2016, including any such fees collected
prior to fiscal year 2016 but credited for fiscal year 2016, shall be
subject to the fiscal year 2016 limitations: Provided further, That the
Secretary may accept payment during fiscal year 2016 of user fees
specified under this heading and authorized for fiscal year 2017, prior
to the due date for such fees, and that amounts of such fees assessed
for fiscal year 2017 for which the Secretary accepts payment in fiscal
year 2016 shall not be included in amounts under this heading: Provided
further, That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C. 9701:
Provided further, That of the total amount appropriated: (1)
$987,328,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $1,394,136,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of Regulatory
Affairs; (3) $354,901,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the Office
of Regulatory Affairs; (4) $187,825,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $430,443,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the Office
of Regulatory Affairs; (6) $63,331,000 shall be for the National Center
for Toxicological Research; (7) $564,117,000 shall be for the Center for
Tobacco Products and for related field activities in the Office of
Regulatory Affairs; (8) not to exceed $171,418,000 shall be for Rent and
Related activities, of which $52,346,000 is for White Oak Consolidation,
other than the amounts paid to the General Services Administration for
rent; (9) not to exceed $238,274,000 shall be for payments to the
General Services Administration for rent; and (10) $289,619,000 shall be
for other activities, including the Office of the Commissioner of Food
and Drugs, the Office of Foods and Veterinary Medicine, the Office of
Medical and Tobacco Products, the Office of Global and Regulatory
Policy, the Office of Operations, the Office of the Chief Scientist, and
central services for these offices: Provided further, That not to
exceed $25,000 of this amount shall be for official reception and
representation expenses, not otherwise provided for, as determined by
the Commissioner: Provided further, That any transfer of funds pursuant
to section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
379dd(n)) shall only be from amounts made available under this heading
for other activities: Provided further, That of the amounts that are
made available under this heading for ``other activities'', and that are
not derived from user fees, $1,500,000 shall be transferred to and
merged with the appropriation for ``Department of Health and Human
[[Page 2271]]
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.
[[Page 2272]]
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
[[Page 2273]]
pay any unforeseen, extraordinary cost of the National Finance Center:
Provided further, That none of the amounts reserved shall be available
for obligation unless the Secretary submits written notification of the
obligation to the Committees on Appropriations of both Houses of
Congress: Provided further, That the limitation on the obligation of
funds pending notification to Congressional Committees shall not apply
to any obligation that, as determined by the Secretary, is necessary to
respond to a declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate employees of
the National Finance Center to a safe haven to continue operations of
the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to disburse obligations made
in the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing Insurance
Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of Congress:
Provided further, That, notwithstanding section 11319 of title 40,
United States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for projects,
contracts, or other agreements over $25,000 prior to receipt of written
approval by the Chief Information Officer: Provided further, That the
Chief Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon the
performance of an agency measured against the performance plan
requirements described in the explanatory statement accompanying Public
Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
[[Page 2274]]
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).
[[Page 2275]]
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,
[[Page 2276]]
Rural Development, Food and Drug Administration, and Related Agencies
that assumes revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law prior to the
submission of the budget unless such budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2017 appropriations Act.
Sec. 717. (a) None of the funds provided by this Act, or provided by
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7
U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies in writing and receives approval from the
Committees on Appropriations of both Houses of Congress at least 30 days
in advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading
Commission (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming or
transfer of such funds or the use of such authority.
[[Page 2277]]
(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
[[Page 2278]]
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
[[Page 2279]]
$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
[[Page 2280]]
to the students and compliant with the whole grain-rich requirements:
Provided further, That school food authorities shall comply with the
applicable grain component or standard with respect to the school lunch
or school breakfast program that was in effect prior to July 1, 2014.
(b) None of the funds appropriated or otherwise made available by
this or any other Act shall be used to pay the salaries and expenses of
personnel to implement any regulations under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), the Healthy, Hunger-Free Kids Act
of 2010 (Public Law 111-296), or any other law that would require a
reduction in the quantity of sodium contained in federally reimbursed
meals, foods, and snacks sold in schools below Target 1 (as described in
section 220.8(f)(3) of title 7, Code of Federal Regulations (or
successor regulations)) until the latest scientific research establishes
the reduction is beneficial for children.
Sec. 734. None of the funds made available by this or any other Act
may be used to release or implement the final version of the eighth
edition of the Dietary Guidelines for Americans, revised pursuant to
section 301 of the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341), unless the Secretary of Agriculture and the
Secretary of Health and Human Services ensure that each revision to any
nutritional or dietary information or guideline contained in the 2010
edition of the Dietary Guidelines for Americans and each new nutritional
or dietary information or guideline to be included in the eighth edition
of the Dietary Guidelines for Americans--
(1) is based on significant scientific agreement; and
(2) is limited in scope to nutritional and dietary
information.
Sec. 735. (a) Not later than 30 days after the date of the enactment
of this Act, the Secretary of Agriculture shall engage the National
Academy of Medicine to conduct a comprehensive study of the entire
process used to establish the Advisory Committee for the Dietary
Guidelines for Americans and the subsequent development of the Dietary
Guidelines for Americans, most recently revised pursuant to section 301
of the National Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341). The panel of the National Academy of Medicine selected to
conduct the study shall include a balanced representation of individuals
with broad experiences and viewpoints regarding nutritional and dietary
information.
(b) The study required by subsection (a) shall include the
following:
(1) An analysis of each of the following:
(A) How the Dietary Guidelines for Americans can
better prevent chronic disease, ensure nutritional
sufficiency for all Americans, and accommodate a range
of individual factors, including age, gender, and
metabolic health.
(B) How the advisory committee selection process can
be improved to provide more transparency, eliminate
bias, and include committee members with a range of
viewpoints.
(C) How the Nutrition Evidence Library is compiled
and utilized, including whether Nutrition Evidence
Library reviews and other systematic reviews and data
analysis
[[Page 2281]]
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
[[Page 2282]]
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
[[Page 2283]]
programs may be prioritized to respond to emergency food needs involving
conflict in the Middle East and to address other urgent food needs
around the world: Provided further, That of the funds made available
under this section, $20,000,000 shall be used to reimburse the Commodity
Credit Corporation for the release of eligible commodities under section
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-
1).
Sec. 749. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission for
an exemption for investigational use of a drug or biological product
under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(i)) or section 351(a)(3) of the Public Health Service Act (42
U.S.C. 262(a)(3)) in research in which a human embryo is intentionally
created or modified to include a heritable genetic modification. Any
such submission shall be deemed to have not been received by the
Secretary, and the exemption may not go into effect.
Sec. 750. None of the funds made available by this or any other Act
may be used to implement or enforce any provision of the FDA Food Safety
Modernization Act (Public Law 111-353), including the amendments made
thereby, with respect to the regulation of the distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic beverage
production process, irrespective of whether such byproducts are solely
intended for use as animal feed.
Sec. 751. (a) Of the unobligated balances from amounts made
available in fiscal year 2015 for the supplemental nutrition program as
authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), $220,000,000 are hereby rescinded.
(b) In addition to amounts provided elsewhere in this Act, there is
hereby appropriated for ``Special Supplemental Nutrition Program for
Women, Infants, and Children'', $220,000,000, to remain available until
expended, for management information systems, including WIC electronic
benefit transfer systems and activities.
Sec. 752. (a) The Secretary of Agriculture shall--
(1) within 4 months of the date of enactment of this Act,
establish a prioritization process for APHIS to conduct audits
or reviews of countries or regions that have received animal
health status recognitions by APHIS and provide a description of
this process to the Committee on Appropriations of the House,
Committee on Appropriations of the Senate, Committee on
Agriculture of the House, and Committee on Agriculture,
Nutrition, and Forestry of the Senate;
(2) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable:
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential
sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response.
(3) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (2); and
[[Page 2284]]
(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
[[Page 2285]]
(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
[[Page 2286]]
remain available until September 30, 2017, for one-time control and
management and associated activities directly related to the multiple-
agency response to citrus greening.
Sec. 765. Section 529(b)(5) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360ff(b)(5)) is amended by striking ``the last day'' and
all that follows through the period at the end and inserting ``September
30, 2016.''.
Sec. 766. Notwithstanding any other provision of law, for purposes
of applying the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.)--
(1) the acceptable market name of Gadus chalcogrammus,
formerly known as Theragra chalcogramma, is ``pollock''; and
(2) the term ``Alaskan Pollock'' or `` `Alaska Pollock' ''
may be used in labeling to refer solely to ``pollock'' harvested
in the State waters of Alaska or the exclusive economic zone (as
that term is defined in section 3 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1802))
adjacent to Alaska.
Sec. 767. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2016''.
DIVISION B--COMMERCE, <> JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT,
2016
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to sections 3702 and 3703 of title 44,
United States Code; full medical coverage for dependent members of
immediate families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of employees of
the International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years, and
expenses of alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use abroad; payment
of tort
[[Page 2287]]
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
[[Page 2288]]
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.
[[Page 2289]]
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.
[[Page 2290]]
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,272,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2016, so as to result in a fiscal year 2016
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2016, should the total amount of such offsetting
collections be less than $3,272,000,000 this amount shall be reduced
accordingly: Provided further, That any amount received in excess of
$3,272,000,000 in fiscal year 2016 and deposited in the Patent and
Trademark Fee Reserve Fund shall remain available until expended:
Provided further, That the Director of USPTO shall submit a spending
plan to the Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the preceding proviso
and such spending plan shall be treated as a reprogramming under section
505 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States Patent and
Trademark Office ``Salaries and Expenses'' account: Provided further,
That from amounts provided herein, not to exceed $900 shall be made
available in fiscal year 2016 for official reception and representation
expenses: Provided further, That in fiscal year 2016 from the amounts
made available for ``Salaries and Expenses'' for the USPTO, the amounts
necessary to pay (1) the difference between the percentage of basic pay
contributed by the USPTO and employees under section 8334(a) of title 5,
United States Code, and the normal cost percentage (as defined by
section 8331(17) of that title) as provided by the Office of Personnel
Management (OPM) for USPTO's specific use, of basic pay, of employees
subject to subchapter III of chapter 83 of that title, and (2) the
present value of the otherwise unfunded accruing costs, as determined by
OPM for USPTO's specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees who are
enrolled in Federal Employees Health Benefits (FEHB) and Federal
Employees Group Life Insurance (FEGLI), shall be transferred to the
Civil Service Retirement and Disability Fund, the FEGLI Fund, and the
FEHB Fund, as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any differences
between the present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's specific
use shall be recognized as an imputed cost on USPTO's financial
statements, where applicable: Provided further, That, notwithstanding
any other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to section
42(c)
[[Page 2291]]
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
[[Page 2292]]
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
[[Page 2293]]
Code) an estimate for each National Oceanic and Atmospheric
Administration procurement, acquisition or construction project having a
total of more than $5,000,000 and simultaneously the budget
justification shall include an estimate of the budgetary requirements
for each such project for each of the 5 subsequent fiscal years:
Provided further, That within the amounts appropriated, $80,050,000
shall not be available for obligation or expenditure until 15 days after
the Under Secretary of Commerce for Oceans and Atmosphere submits to the
Committees on Appropriations of the House of Representatives and the
Senate a fleet modernization and recapitalization plan: Provided
further, That, within the amounts appropriated, $1,302,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September 30,
2017: Provided, That, of the funds provided herein, the Secretary of
Commerce may issue grants to the States of Washington, Oregon, Idaho,
Nevada, California, and Alaska, and to the Federally recognized tribes
of the Columbia River and Pacific Coast (including Alaska), for projects
necessary for conservation of salmon and steelhead populations that are
listed as threatened or endangered, or that are identified by a State as
at-risk to be so listed, for maintaining populations necessary for
exercise of tribal treaty fishing rights or native subsistence fishing,
or for conservation of Pacific coastal salmon and steelhead habitat,
based on guidelines to be developed by the Secretary of Commerce:
Provided further, That all funds shall be allocated based on scientific
and other merit principles and shall not be available for marketing
activities: Provided further, That funds disbursed to States shall be
subject to a matching requirement of funds or documented in-kind
contributions of at least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $350,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2016, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $58,000,000: Provided,
[[Page 2294]]
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.
[[Page 2295]]
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
[[Page 2296]]
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.
[[Page 2297]]
administrative review and appeals
(including transfer of funds)
For expenses necessary for the administration of pardon and clemency
petitions and immigration-related activities, $426,791,000, of which
$4,000,000 shall be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account: Provided, That of the amount available for the Executive
Office for Immigration Review, not to exceed $15,000,000 shall remain
available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$93,709,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $13,308,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor has
been appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; and rent of private or Government-owned space in the District
of Columbia, $893,000,000, of which not to exceed $20,000,000 for
litigation support contracts shall remain available until expended:
Provided, That of the amount provided for INTERPOL Washington dues
payments, not to exceed $685,000 shall remain available until expended:
Provided further, That of the total amount appropriated, not to exceed
$9,000 shall be available to INTERPOL Washington for official reception
and representation expenses: Provided further, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer such
amounts to ``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That of the amount appropriated, such sums as may be necessary
shall be available to the Civil
[[Page 2298]]
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,
[[Page 2299]]
(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.
[[Page 2300]]
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.
[[Page 2301]]
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug trafficking,
$512,000,000, of which $50,000,000 shall remain available until
expended: Provided, That any amounts obligated from appropriations
under this heading may be used under authorities available to the
organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $8,489,786,000, of which not to exceed $216,900,000 shall remain
available until expended: Provided, That not to exceed $184,500 shall
be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment, furniture,
and information technology requirements, related to construction or
acquisition of buildings, facilities and sites by purchase, or as
otherwise authorized by law; conversion, modification and extension of
federally owned buildings; and preliminary planning and design of
projects; $308,982,000, to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in such
programs and the distribution of items of token value that promote the
goals of such programs, $2,080,000,000, of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
[[Page 2302]]
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.
[[Page 2303]]
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
[[Page 2304]]
of 2003 (Public Law 108-21); the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the
Victims of Trafficking and Violence Protection Act of 2000 (Public Law
106-386) (``the 2000 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4) (``the 2013 Act''); and the Rape Survivor Child Custody Act
of 2015 (Public Law 114-22) (``the 2015 Act''); and for related victims
services, $480,000,000, to remain available until expended, of which
$379,000,000 shall be derived by transfer from amounts available for
obligation in this Act from the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (42 U.S.C. 10601),
notwithstanding section 1402(d) of such Act of 1984, and merged with the
amounts otherwise made available under this heading: Provided, That
except as otherwise provided by law, not to exceed 5 percent of funds
made available under this heading may be used for expenses related to
evaluation, training, and technical assistance: Provided further, That
of the amount provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $30,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $5,000,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ``Research,
Evaluation and Statistics'' for administration by the Office of
Justice Programs;
(4) $11,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the programs
authorized by sections 41201, 41204, 41303, and 41305 of the
1994 Act, prior to its amendment by the 2013 Act, shall be
available for this program: Provided further, That 10 percent
of the total amount available for this grant program shall be
available for grants under the program authorized by section
2015 of the 1968 Act: Provided further, That the definitions
and grant conditions in section 40002 of the 1994 Act shall
apply to this program;
(5) $51,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000 is
for a homicide reduction initiative;
(6) $35,000,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $34,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
[[Page 2305]]
(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
[[Page 2306]]
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
[[Page 2307]]
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--
[[Page 2308]]
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and
Federal forensic activities, including the purposes
authorized under section 2 of the DNA Analysis Backlog
Elimination Act of 2000 (Public Law 106-546) (the Debbie
Smith DNA Backlog Grant Program): Provided, That up to
4 percent of funds made available under this paragraph
may be used for the purposes described in the DNA
Training and Education for Law Enforcement, Correctional
Personnel, and Court Officers program (Public Law 108-
405, section 303);
(B) $4,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Program
(Public Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108-405;
(18) $45,000,000 for a grant program for community-based
sexual assault response reform;
(19) $9,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(20) $30,000,000 for assistance to Indian tribes;
(21) $68,000,000 for offender reentry programs and research,
as authorized by the Second Chance Act of 2007 (Public Law 110-
199), without regard to the time limitations specified at
section 6(1) of such Act, of which not to exceed $6,000,000 is
for a program to improve State, local, and tribal probation or
parole supervision efforts and strategies, $5,000,000 is for
Children of Incarcerated Parents Demonstrations to enhance and
maintain parental and family relationships for incarcerated
parents as a reentry or recidivism reduction strategy, and
$4,000,000 is for additional replication sites employing the
Project HOPE Opportunity Probation with Enforcement model
implementing swift and certain sanctions in probation, and for a
research project on the effectiveness of the model: Provided,
That up to $7,500,000 of funds made available in this paragraph
may be used for performance-based awards for Pay for Success
projects, of which up to $5,000,000 shall be for Pay for Success
programs implementing the Permanent Supportive Housing Model;
(22) $6,000,000 for a veterans treatment courts program;
(23) $13,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products;
(24) $10,500,000 for prison rape prevention and prosecution
grants to States and units of local government, and other
programs, as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79);
(25) $75,000,000 for the Comprehensive School Safety
Initiative: Provided, That section 213 of this Act shall not
apply with respect to the amount made available in this
paragraph; and
(26) $70,000,000 for initiatives to improve police-community
relations, of which $22,500,000 is for a competitive matching
grant program for purchases of body-worn cameras for State,
local and tribal law enforcement, $27,500,000 is for a justice
reinvestment initiative, for activities related to criminal
justice reform and recidivism reduction, $5,000,000 is for
research
[[Page 2309]]
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);
[[Page 2310]]
(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
[[Page 2311]]
of such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such title
(42 U.S.C. 3796dd-3(c)), funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation: Provided further, That
within the amounts appropriated under this paragraph,
$30,000,000 is for improving tribal law enforcement, including
hiring, equipment, training, and anti-methamphetamine
activities: Provided further, That of the amounts appropriated
under this paragraph, $10,000,000 is for community policing
development activities in furtherance of the purposes in section
1701: Provided further, That within the amounts appropriated
under this paragraph, $10,000,000 is for the collaborative
reform model of technical assistance in furtherance of the
purposes in section 1701;
(3) $7,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and
laboratory dump seizures: Provided, That funds appropriated
under this paragraph shall be utilized for investigative
purposes to locate or investigate illicit activities, including
precursor diversion, laboratories, or methamphetamine
traffickers; and
(4) $7,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes to
locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration.
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $50,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case of
rape or incest: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
[[Page 2312]]
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
[[Page 2313]]
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.
[[Page 2314]]
Sec. 216. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (18 U.S.C. 922 note), may be used by a Federal law enforcement
officer to facilitate the transfer of an operable firearm to an
individual if the Federal law enforcement officer knows or suspects that
the individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 217. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2016, except up to $40,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2016, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2016, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
(d) Subsections (a) through (c) of this section shall sunset on
September 30, 2016.
Sec. 218. (a) Of the funds appropriated by this Act under each of
the headings ``General Administration--Salaries and Expenses'', ``United
States Marshals Service--Salaries and Expenses'', ``Federal Bureau of
Investigation--Salaries and Expenses'', ``Drug Enforcement
Administration--Salaries and Expenses'', and ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'', $20,000,000
shall not be available for obligation until the Attorney General
demonstrates to the Committees on Appropriations of the House of
Representatives and the Senate that all recommendations included in the
Office of Inspector General of the Department of Justice, Evaluation and
Inspections Division Report 15-04 entitled ``The Handling of Sexual
Harassment and Misconduct Allegations by the Department's Law
Enforcement Components'', dated March, 2015, have been implemented or
are in the process of being implemented.
(b) The Inspector General of the Department of Justice shall report
to the Committees on Appropriations of the House of Representatives and
the Senate not later than 90 days after the date of enactment of this
Act on the status of the Department's implementation of recommendations
included in the report specified in subsection (a).
Sec. 219. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under section 526 of division
H of Public Law 113-76, section 524 of division G of Public Law 113-235,
and such authorities as are enacted for Performance Partnership Pilots
in an appropriations Act for fiscal year 2016.
[[Page 2315]]
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
[[Page 2316]]
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.
[[Page 2317]]
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
[[Page 2318]]
years to the extent and in amounts as provided in annual appropriations
Acts: Provided further, That such proceeds referred to in the preceding
proviso shall be available for obligation for fiscal year 2016 in an
amount not to exceed $9,470,300: <> Provided
further, That each annual budget request shall include an annual
estimate of gross receipts and collections and proposed use of all funds
collected pursuant to section 20145 of title 51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $37,400,000, of which
$500,000 shall remain available until September 30, 2017.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed or
the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by NASA at
the theme, program, project and activity level. The spending plan, as
well as any subsequent change of an amount established in that spending
plan that meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
The unexpired balances for Commercial Spaceflight Activities
contained within the Exploration account may be transferred to the Space
Operations account for such activities. Balances so transferred shall be
merged with the funds in the Space Operations account and shall be
available under the same terms, conditions and period of time as
previously appropriated.
For the closeout of all Space Shuttle contracts and associated
programs, amounts that have expired but have not been cancelled in the
Exploration, Space Operations, Human Space Flight, Space Flight
Capabilities, and Exploration Capabilities appropriations accounts shall
remain available through fiscal year 2025 for the liquidation of valid
obligations incurred during the period of fiscal year 2001 through
fiscal year 2013.
[[Page 2319]]
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.
[[Page 2320]]
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
[[Page 2321]]
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.
[[Page 2322]]
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2015 and 2016, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.), $3,431,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $54,500,000, of which $1,000,000 shall
remain available until expended: Provided, That not to exceed $124,000
shall be available for official reception and representation expenses.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1984 (42 U.S.C.
10701 et seq.) $5,121,000, of which $500,000 shall remain available
until September 30, 2017: Provided, That not to exceed $2,250 shall be
available for official reception and representation expenses: Provided
further, That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
[[Page 2323]]
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
[[Page 2324]]
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.
[[Page 2325]]
Sec. 514. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are appropriated
by this Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a description of
areas of particular interest, within 180 days after initiating such an
audit and every 180 days thereafter until any such audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as appropriate,
shall make the results of the audit available to the public on the
Internet website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall be made
available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in any
other manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 515. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information Systems''
unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform acquisition
decisions for high-impact and moderate-impact information
systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation (FBI) and other
appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
[[Page 2326]]
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,
[[Page 2327]]
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
[[Page 2328]]
made; a statement of the reasons for such increases; the action taken
and proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree to
which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or procurement
costs.
Sec. 522. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2016 until the enactment of the Intelligence
Authorization Act for fiscal year 2016.
Sec. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to the
agency awarding the contract or grant that, to the best of its knowledge
and belief, the contractor or grantee has filed all Federal tax returns
required during the three years preceding the certification, has not
been convicted of a criminal offense under the Internal Revenue Code of
1986, and has not, more than 90 days prior to certification, been
notified of any unpaid Federal tax assessment for which the liability
remains unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been approved by
the Internal Revenue Service and is not in default, or the assessment is
the subject of a non-frivolous administrative or judicial proceeding.
(rescissions)
Sec. 524. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce's Economic
Development Administration, Economic Development Assistance Programs,
$10,000,000 are rescinded, not later than September 30, 2016.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby rescinded, not later than
September 30, 2016, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $69,000,000;
(2) ``United States Marshals Service, Federal Prisoner
Detention'', $195,974,000;
(3) ``Federal Bureau of Investigation, Salaries and
Expenses'', $80,767,000 from fees collected to defray expenses
for the automation of fingerprint identification and criminal
justice information services and associated costs;
(4) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $15,000,000;
(5) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $40,000,000;
(6) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $10,000,000; and
(7) ``Legal Activities, Assets Forfeiture Fund'',
$458,000,000.
[[Page 2329]]
(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:
[[Page 2330]]
(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.
[[Page 2331]]
(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,
[[Page 2332]]
training, assessment, review, or other routine purposes related to a
project funded by the grant or contract.
(e) None of the funds made available in this Act may be used for
travel and conference activities that are not in compliance with Office
of Management and Budget Memorandum M-12-12 dated May 11, 2012 or any
subsequent revisions to that memorandum.
Sec. 536. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 537. The head of any executive branch department, agency,
board, commission, or office funded by this Act shall require that all
contracts within their purview that provide award fees link such fees to
successful acquisition outcomes, specifying the terms of cost, schedule,
and performance.
Sec. 538. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance that
does not meet the basic requirements of a contract.
Sec. 539. (a) None of the funds made available by this Act may be
used to relinquish the responsibility of the National Telecommunications
and Information Administration, during fiscal year 2016, with respect to
Internet domain name system functions, including responsibility with
respect to the authoritative root zone file and the Internet Assigned
Numbers Authority functions.
(b) Nothwithstanding any other law, subsection (a) of this section
shall not apply in fiscal year 2017.
Sec. 540. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978, or to prevent or impede that Inspector General's
access to such records, documents, or other materials, under any
provision of law, except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector General's right of
access. A department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and other
materials in a timely manner. Each Inspector General shall ensure
compliance with statutory limitations on disclosure relevant to the
information provided by the establishment over which that Inspector
General has responsibilities under the Inspector General Act of 1978.
Each Inspector General covered by this section shall report to the
Committees on Appropriations of the House of Representatives and the
Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 541. The Department of Commerce, the National Aeronautics and
Space Administration, and the National Science Foundation shall provide
a quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose of such
travel.
Sec. 542. None of the funds made available in this Act to the
Department of Justice may be used, with respect to any of
[[Page 2333]]
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
[[Page 2334]]
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
[[Page 2335]]
Code; and for payments to the Department of Defense Military Retirement
Fund, $702,481,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $1,682,942,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,892,327,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,201,890,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$32,399,440,000: Provided, That not to exceed $12,478,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military purposes.
[[Page 2336]]
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
[[Page 2337]]
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.
[[Page 2338]]
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
[[Page 2339]]
for the same purposes and for the same time period as the appropriations
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $368,131,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $8,232,000, to remain available until
transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be merged
with and to be available for the same purposes and for the same time
period as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $231,217,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for
[[Page 2340]]
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.
[[Page 2341]]
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
[[Page 2342]]
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,
[[Page 2343]]
and such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program, $1,569,571,000;
Carrier Replacement Program (AP), $862,358,000;
Virginia Class Submarine, $3,346,370,000;
Virginia Class Submarine (AP), $1,971,840,000;
CVN Refueling Overhauls, $637,588,000;
CVN Refueling Overhauls (AP), $14,951,000;
DDG-1000 Program, $433,404,000;
DDG-51 Destroyer, $4,132,650,000;
Littoral Combat Ship, $1,331,591,000;
LPD-17, $550,000,000;
Afloat Forward Staging Base, $635,000,000;
LHA Replacement (AP), $476,543,000;
LX(R) (AP), $250,000,000;
Joint High Speed Vessel, $225,000,000;
TAO Fleet Oiler, $674,190,000;
T-ATS(X) Fleet Tug, $75,000,000;
LCU Replacement, $34,000,000;
Moored Training Ship (AP), $138,200,000;
Ship to Shore Connector, $210,630,000;
Service Craft, $30,014,000;
LCAC Service Life Extension Program, $80,738,000;
YP Craft Maintenance/ROH/SLEP, $21,838,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $613,758,000.
Completion of Prior Year Shipbuilding Programs,
$389,305,000.
In all: $18,704,539,000, to remain available for obligation until
September 30, 2020: Provided, That additional obligations may be
incurred after September 30, 2020, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $6,484,257,000, to remain available for obligation
until September 30, 2018.
[[Page 2344]]
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
[[Page 2345]]
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.
[[Page 2346]]
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $7,565,327,000, to
remain available for obligation until September 30, 2017.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $18,117,677,000, to
remain available for obligation until September 30, 2017: Provided,
That funds appropriated in this paragraph which are available for the V-
22 may be used to meet unique operational requirements of the Special
Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $25,217,148,000, to
remain available for obligation until September 30, 2017.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $18,695,955,000, to remain
available for obligation until September 30, 2017: Provided, That, of
the funds made available in this paragraph, $250,000,000 for the Defense
Rapid Innovation Program shall only be available for expenses, not
otherwise provided for, to include program management and oversight, to
conduct research, development, test and evaluation to include proof of
concept demonstration; engineering, testing, and validation; and
transition to full-scale production: Provided further, That the
Secretary of Defense may transfer funds provided herein for the Defense
Rapid Innovation Program to appropriations for research, development,
test and evaluation to accomplish the purpose provided herein: Provided
further, That this transfer authority is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That the Secretary of Defense shall, not fewer than 30 days
prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer.
[[Page 2347]]
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.
[[Page 2348]]
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
[[Page 2349]]
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
[[Page 2350]]
employees of the Department of Defense funded by this Act shall not be
at a rate in excess of the percentage increase authorized by law for
civilian employees of the Department of Defense whose pay is computed
under the provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by the
appropriate host nation to its own employees, whichever is higher:
Provided further, That this section shall not apply to Department of
Defense foreign service national employees serving at United States
diplomatic missions whose pay is set by the Department of State under
the Foreign Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national employees of the
Department of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training of
the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$4,500,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by the Congress: Provided further, That
the Secretary of Defense shall notify the Congress promptly of all
transfers made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher priority
items, based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress: Provided
further, That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to June 30, 2016:
Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
[[Page 2351]]
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
[[Page 2352]]
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
[[Page 2353]]
shall be reported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and similar
assistance by using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia, pursuant to
the Compact of Free Association as authorized by Public Law 99-239:
Provided further, That upon a determination by the Secretary of the Army
that such action is beneficial for graduate medical education programs
conducted at Army medical facilities located in Hawaii, the Secretary of
the Army may authorize the provision of medical services at such
facilities and transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the Commonwealth of
the Northern Mariana Islands, the Marshall Islands, the Federated States
of Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2016, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2017 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2017 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2017.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
2358 note) civilian personnel at the Department of Army Science and
Technology Reinvention Laboratories may not be managed on the basis of
the Table of Distribution and Allowances, and the management of the
workforce strength shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987: Provided further, That this section applies only to
active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for
[[Page 2354]]
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
[[Page 2355]]
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
[[Page 2356]]
year 2016 may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings, for payment of cost
sharing for projects funded by Government grants, for absorption of
contract overruns, or for certain charitable contributions, not to
include employee participation in community service and/or development:
Provided, That up to 1 percent of funds provided in this Act for support
of defense FFRDCs may be used for planning and design of scientific or
engineering facilities: Provided further, That the Secretary of Defense
shall notify the congressional defense committees 15 days in advance of
exercising the authority in the previous proviso.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2016, not more than 5,750
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided, That, of the specific amount referred to previously
in this subsection, not more than 1,125 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the National
Intelligence Program (NIP) and the Military Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2017 budget request, submit a report presenting
the specific amounts of staff years of technical effort to be allocated
for each defense FFRDC during that fiscal year and the associated budget
estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$65,000,000.
Sec. 8025. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy, or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel Institute (AISI)
specifications of carbon, alloy or armor steel plate: Provided further,
That the Secretary of the military department responsible for the
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8026. <> For the purposes of this
Act, the term ``congressional defense committees'' means the Armed
Services Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
Sec. 8027. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities
[[Page 2357]]
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
[[Page 2358]]
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,
[[Page 2359]]
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
[[Page 2360]]
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
Sec. 8040. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis, if
the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive
devices, and, as determined by the Secretary of the Army, other
similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8041. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the enactment
of this Act, is performed by Department of Defense civilian employees
unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or exceeds
the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
[[Page 2361]]
(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;
[[Page 2362]]
``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
[[Page 2363]]
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
Sec. 8047. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 103 of title 41, United States Code, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8048. None of the funds made available by this Act for Evolved
Expendable Launch Vehicle service competitive procurements may be used
unless the competitive procurements are open for award to all certified
providers of Evolved Expendable Launch Vehicle-class systems: Provided,
That the award shall be made to the provider that offers the best value
to the government: Provided further, That notwithstanding any other
provision of law, award may be made to a launch service provider
competing with any certified launch vehicle in its inventory regardless
of the country of origin of the rocket engine that will be used on its
launch vehicle, in order to ensure robust competition and continued
assured access to space.
Sec. 8049. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby appropriated
to the Department of Defense: Provided, That upon the determination of
the Secretary of Defense that it shall serve the national interest, the
Secretary shall make grants in the amounts specified as follows:
$20,000,000 to the United Service Organizations and $24,000,000 to the
Red Cross.
Sec. 8050. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States, unless
the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8051. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they contribute
to the extramural budget.
Sec. 8052. None of the funds available to the Department of Defense
under this Act shall be obligated or expended to pay a contractor under
a contract with the Department of Defense for costs of any amount paid
by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
[[Page 2364]]
(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,
[[Page 2365]]
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
[[Page 2366]]
or any other Act may be used to consolidate or relocate any element of a
United States Air Force Rapid Engineer Deployable Heavy Operational
Repair Squadron Engineer (RED HORSE) outside of the United States until
the Secretary of the Air Force--
(1) completes an analysis and comparison of the cost and
infrastructure investment required to consolidate or relocate a
RED HORSE squadron outside of the United States versus within
the United States;
(2) provides to the congressional defense committees a
report detailing the findings of the cost analysis; and
(3) certifies in writing to the congressional defense
committees that the preferred site for the consolidation or
relocation yields the greatest savings for the Air Force:
Provided, That the term ``United States'' in this section does not
include any territory or possession of the United States.
Sec. 8061. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8062. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development, Test
and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8063. The Secretary of Defense shall continue to provide a
classified quarterly report to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as directed in
the classified annex accompanying this Act.
Sec. 8064. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8065. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the Department
of Defense that has a center-fire cartridge and a United States military
nomenclature designation of ``armor penetrator'', ``armor piercing
(AP)'', ``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under a contract
that requires the entity to demonstrate to the satisfaction of the
Department of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or (2) used
to manufacture ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant to a
License for Permanent
[[Page 2367]]
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;
[[Page 2368]]
(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
[[Page 2369]]
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.
[[Page 2370]]
Sec. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of funds
that creates or initiates a new program, project, or activity unless
such program, project, or activity must be undertaken immediately in the
interest of national security and only after written prior notification
to the congressional defense committees.
Sec. 8075. <> The budget of the President
for fiscal year 2017 submitted to the Congress pursuant to section 1105
of title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed Forces'
participation in contingency operations for the Military Personnel
accounts, the Operation and Maintenance accounts, the Procurement
accounts, and the Research, Development, Test and Evaluation accounts:
Provided, That these documents shall include a description of the
funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: Provided further, That these documents shall
include estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates of the
major weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management
Regulation) for all contingency operations for the budget year and the
two preceding fiscal years.
Sec. 8076. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8077. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $1,500,789,000.
Sec. 8078. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such action
would reduce the WC-130 Weather Reconnaissance mission below the levels
funded in this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8079. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless the
information has been lawfully collected and processed during the conduct
of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
[[Page 2371]]
(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--
[[Page 2372]]
(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;
[[Page 2373]]
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period
may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence Program
in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the Act unless
the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period may be
reduced for urgent national security requirements.
Sec. 8091. <> The Director of National
Intelligence shall submit to Congress each year, at or about the time
that the President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting the
estimated expenditures and proposed appropriations included in that
budget. Any such future-years intelligence program shall cover the
fiscal year with respect to which the budget is submitted and at least
the four succeeding fiscal years.
Sec. 8092. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives, and the Subcommittee
on Defense of the Committee on Appropriations of the Senate.
Sec. 8093. <> The Department of Defense
shall continue to report incremental contingency operations costs for
Operation Inherent Resolve, Operation Freedom's Sentinel, and any named
successor operations, on a monthly basis and any other operation
designated and identified by the Secretary of Defense for the purposes
of section 127a of title 10, United States Code, on a semi-annual basis
in the Cost of War Execution Report as prescribed in the Department of
Defense Financial Management Regulation Department of Defense
Instruction 7000.14, Volume 12, Chapter 23 ``Contingency Operations'',
Annex 1, dated September 2005.
(including transfer of funds)
Sec. 8094. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this Act
for ``Operation and Maintenance, Army'', ``Operation and Maintenance,
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
by the military department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
States Code.
[[Page 2374]]
(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
[[Page 2375]]
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
[[Page 2376]]
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 2377]]
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;
[[Page 2378]]
(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.
[[Page 2379]]
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
[[Page 2380]]
later than 72 hours after making such waiver, notifies the congressional
defense committees of such waiver.
Sec. 8122. None of the funds made available by this Act may be used
with respect to Iraq in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.), including for the introduction of United States
armed forces into hostilities in Iraq, into situations in Iraq where
imminent involvement in hostilities is clearly indicated by the
circumstances, or into Iraqi territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such Resolution (50
U.S.C. 1542 and 1543).
Sec. 8123. None of the funds made available by this Act may be used
to divest, retire, transfer, or place in storage or on backup aircraft
inventory status, or prepare to divest, retire, transfer, or place in
storage or on backup aircraft inventory status, any A-10 aircraft, or to
disestablish any units of the active or reserve component associated
with such aircraft.
Sec. 8124. Of the funds provided for ``Research, Development, Test
and Evaluation, Defense-Wide'' in this Act, not less than $2,800,000
shall be used to support the Department's activities related to the
implementation of the Digital Accountability and Transparency Act
(Public Law 113-101; 31 U.S.C. 6101 note) and to support the
implementation of a uniform procurement instrument identifier as
described in subpart 4.16 of Title 48, Code of Federal Regulations, to
include changes in business processes, workforce, or information
technology.
Sec. 8125. None of the funds provided in this Act for the T-AO(X)
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Auxiliary equipment (including pumps)
for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes: Provided, That the Secretary of the military
department responsible for such procurement may waive these restrictions
on a case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely and cost competitive basis and that
such an acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8126. The amounts appropriated in title II of this Act are
hereby reduced by $389,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $138,000,000;
(2) From ``Operation and Maintenance, Air Force'',
$251,000,000.
(rescission)
Sec. 8127. Of the unobligated balances available to the Department
of Defense, the following funds are permanently rescinded from the
following accounts and programs in the specified amounts to reflect
excess cash balances in Department of Defense Working Capital Funds:
Provided, That no amounts may be rescinded from
[[Page 2381]]
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
[[Page 2382]]
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.
[[Page 2383]]
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
[[Page 2384]]
Islamic State of Iraq and the Levant, and 15 days following notification
to the appropriate congressional committees: Provided further, That
these funds may be used to support the Governments of Jordan and
Lebanon, in such amounts as the Secretary of Defense may determine, to
enhance the ability of the armed forces of Jordan to increase or sustain
security along its borders and the ability of the armed forces of
Lebanon to increase or sustain security along its borders, upon 15 days
prior written notification to the congressional defense committees
outlining the amounts intended to be provided and the nature of the
expenses incurred: Provided further, That of the funds provided under
this heading, up to $30,000,000 shall be for Operation Observant
Compass: Provided further, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on the use of
funds provided in this paragraph: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $99,559,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $31,643,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $3,455,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $58,106,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $135,845,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
[[Page 2385]]
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
[[Page 2386]]
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,
[[Page 2387]]
That the Secretary of Defense may accept and retain contributions,
including assistance in-kind, from foreign governments, including the
Government of Iraq, and other entities, to carry out assistance
authorized under this heading: Provided further, That contributions of
funds for the purposes provided herein from any foreign government or
other entities, may be credited to this Fund, to remain available until
expended, and used for such purposes: Provided further, That not more
than 25 percent of the funds appropriated under this heading may be
obligated or expended until not fewer than 15 days after: (1) the
Secretary of Defense submits a report to the appropriate congressional
committees, describing the plan for the provision of such training and
assistance and the forces designated to receive such assistance; and (2)
the President submits a report to the appropriate congressional
committees on how assistance provided under this heading supports a
larger regional strategy: Provided further, That of the amount provided
under this heading, not more than 60 percent may be obligated or
expended until not fewer than 15 days after the date on which the
Secretary of Defense certifies to the appropriate congressional
committees that an amount equal to not less than 40 percent of the
amount provided under this heading has been contributed by other
countries and entities for the purposes for which funds are provided
under this heading, of which at least 50 percent shall have been
contributed or provided by the Government of Iraq: Provided further,
That the limitation in the preceding proviso shall not apply if the
Secretary of Defense determines, in writing, that the national security
objectives of the United States will be compromised by the application
of the limitation to such assistance, and notifies the appropriate
congressional committees not less than 15 days in advance of the
exemption taking effect, including a justification for the Secretary's
determination and a description of the assistance to be exempted from
the application of such limitation: Provided further, That the
Secretary of Defense may waive a provision of law relating to the
acquisition of items and support services or sections 40 and 40A of the
Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines such provisions of law would prohibit, restrict, delay or
otherwise limit the provision of such assistance and a notice of and
justification for such waiver is submitted to the appropriate
congressional committees: Provided further, That the term ``appropriate
congressional committees'' under this heading means the ``congressional
defense committees'', the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives: Provided further, That amounts
made available under this heading are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$161,987,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas
[[Page 2388]]
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.
[[Page 2389]]
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
[[Page 2390]]
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
[[Page 2391]]
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$88,850,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$272,704,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $186,000,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$349,464,000, to remain available until September 30, 2018: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than 15
days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That such amount is designated by the
Congress for Overseas
[[Page 2392]]
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
[[Page 2393]]
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):
[[Page 2394]]
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the Department of Defense must certify to the
congressional defense committees that the AROC has convened and approved
a process for ensuring compliance with the requirements in the preceding
proviso and accompanying report language for the ASFF.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action is
necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such funds
may be used to purchase items having an investment item unit cost of not
more than $500,000.
Sec. 9011. From funds made available to the Department of Defense
in this title under the heading ``Operation and Maintenance, Air
Force'', up to $80,000,000 may be used by the Secretary of Defense,
notwithstanding any other provision of law, to support United States
Government transition activities in Iraq by funding the operations and
activities of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and personal
security, and facilities renovation and construction, and site closeout
activities prior to returning sites to the Government of Iraq:
Provided, That to the extent authorized under the National Defense
Authorization Act for Fiscal Year 2016, the operations and activities
that may be carried out by the Office of Security Cooperation in Iraq
may, with the concurrence of the Secretary of State, include non-
operational training activities in support of Iraqi Minister of Defense
and Counter Terrorism Service personnel in an institutional environment
to address capability gaps, integrate processes relating to
intelligence, air sovereignty, combined arms, logistics and maintenance,
and to manage and integrate defense-related institutions: Provided
further, That not later than 30 days following the enactment of this
Act, the Secretary of Defense and the Secretary of State shall submit to
the congressional defense committees a plan for transitioning any such
training activities that they determine are needed after the end of
fiscal year 2016, to existing or new contracts for the sale of defense
articles or defense services consistent with the provisions of the Arms
Export Control Act (22 U.S.C. 2751 et seq.): Provided further,
[[Page 2395]]
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
[[Page 2396]]
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
[[Page 2397]]
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 2398]]
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
[[Page 2399]]
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.
[[Page 2400]]
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
[[Page 2401]]
for obligation or expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act, unless prior approval is received from the House and
Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the House
and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall notify
the House and Senate Committees on Appropriations of these
emergency actions as soon thereafter as practicable: Provided
further, That for a base level over $1,000,000, reprogramming of
15 percent of the base amount up to a limit of $5,000,000 per
project, study, or activity is allowed: Provided further, That
for a base level less than $1,000,000, the reprogramming limit
is $150,000: Provided further, That $150,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees on
Appropriations.
[[Page 2402]]
(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).
[[Page 2403]]
(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
[[Page 2404]]
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.
[[Page 2405]]
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2017, $59,500,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act for
Water and Related Resources, or provided by previous appropriations Acts
to the agencies or entities funded in title II of this Act for Water and
Related Resources that remain available for obligation or expenditure in
fiscal year 2016, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval
is received from the Committees on Appropriations of the House
of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $300,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate.
[[Page 2406]]
(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--
[[Page 2407]]
(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''.
[[Page 2408]]
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $2,073,000,000, to remain
available until expended: Provided, That of such amount, $155,000,000
shall be available until September 30, 2017, for program direction:
Provided further, That of the amount provided under this heading, the
Secretary may transfer up to $45,000,000 to the Defense Production Act
Fund for activities of the Department of Energy pursuant to the Defense
Production Act of 1950 (50 U.S.C. App. 2061, et seq.).
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $206,000,000, to
remain available until expended: Provided, That of such amount,
$28,000,000 shall be available until September 30, 2017, for program
direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion, $986,161,000, to remain available until expended: Provided,
That of such amount, $80,000,000 shall be available until September 30,
2017, for program direction including official reception and
representation expenses not to exceed $10,000.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility
[[Page 2409]]
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
[[Page 2410]]
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.
[[Page 2411]]
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.
[[Page 2412]]
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,940,302,000, to
remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,375,496,000,
to remain available until expended: Provided, That of such amount,
$42,504,000 shall be available until September 30, 2017, for program
direction.
Federal Salaries and Expenses
(including rescission of funds)
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $383,666,000, to remain
available until September 30, 2017, including official reception and
representation expenses not to exceed $12,000: Provided, That of the
unobligated balances from prior year appropriations available under this
heading, $19,900,000 is hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one fire apparatus pumper truck and one armored vehicle
for replacement only, $5,289,742,000, to remain available until
expended: Provided, That of such amount $281,951,000 shall be available
until September 30, 2017, for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
[[Page 2413]]
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,
[[Page 2414]]
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
[[Page 2415]]
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $4,490,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954 (68
Stat. 255): Provided, That notwithstanding the provisions of that Act
and of 31 U.S.C. 3302, up to $4,262,000 collected by the Western Area
Power Administration from the sale of power and related services from
the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until expended
for the sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2016 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2016, the
Administrator of the Western Area Power Administration may accept up to
$460,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further, That
any such funds shall be available without further appropriation and
without fiscal year limitation for use by the Commissioner of the United
States Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams in
accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, official reception and representation expenses not to exceed
$3,000, and the hire of passenger motor vehicles, $319,800,000, to
remain available until <> expended: Provided,
That notwithstanding any other provision of law, not to exceed
$319,800,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2016 shall be retained and used
for expenses necessary in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced
[[Page 2416]]
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.
[[Page 2417]]
(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
[[Page 2418]]
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
[[Page 2419]]
in this title to Federally Funded Research and Development Centers
sponsored by the Department of Energy.
Sec. 312. None of the funds made available in this Act may be
used--
(1) to implement or enforce section 430.32(x) of title 10,
Code of Federal Regulations; or
(2) to implement or enforce the standards established by the
tables contained in section 325(i)(1)(B) of the Energy Policy
and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect to
BPAR incandescent reflector lamps, BR incandescent reflector
lamps, and ER incandescent reflector lamps.
Sec. 313. (a) Of the funds appropriated in prior Acts under the
headings ``Fossil Energy Research and Development'' and ``Clean Coal
Technology'' for prior solicitations under the Clean Coal Power
Initiative and FutureGen, not less than $160,000,000 from projects
selected under such solicitations that have not reached financial close
and have not secured funding sufficient to construct the project prior
to 30 days after the date of enactment of this Act shall be deobligated,
if necessary, shall be utilized for previously selected demonstration
projects under such solicitations that have reached financial close or
have otherwise secured funding sufficient to construct the project prior
to 30 days after the date of enactment of this Act, and shall be
allocated among such projects in proportion to the total financial
contribution by the recipients to those projects stipulated in their
respective cooperative agreements.
(b) Funds utilized pursuant to subsection (a) shall be administered
in accordance with the provisions in the Act in which the funds for
those demonstration projects were originally appropriated, except that
financial assistance for costs in excess of those estimated as of the
date of award of the original financial assistance may be provided in
excess of the proportion of costs borne by the Government in the
original agreement and shall not be limited to 25 percent of the
original financial assistance.
(c) No amounts may be repurposed pursuant to this section from
amounts that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
(d) This section shall be fully implemented not later than 60 days
after the date of enactment of this Act.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C.
14704, and for expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment of the
Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of passenger
motor vehicles, $146,000,000, to remain available until expended.
[[Page 2420]]
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,
[[Page 2421]]
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
[[Page 2422]]
Committees on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause any
program funding level to increase or decrease by more than $500,000 or
10 percent, whichever is less, during the time period covered by this
Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in (a) if compliance with such requirement would pose a
substantial risk to human health, the environment, welfare, or national
security.
(2) The Nuclear Regulatory Commission shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver and shall provide a
detailed report to the Committees of such waiver and changes to funding
levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the amounts
made available by this title for ``Nuclear Regulatory Commission--
Salaries and Expenses'' shall be expended as directed in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory Commission
shall be available for obligation or expenditure through a reprogramming
of funds that increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
Sec. 403. Public Law 105-277, division A, section 101(g) (title
III, section 329(a), (b)) <> is amended by
inserting, in subsection (b), after ``State law'' and before the period
the following: ``or for the construction and repair of barge mooring
points and barge landing sites to facilitate pumping fuel from fuel
transport barges into bulk fuel storage tanks.''.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used in
any way, directly or indirectly, to influence congressional action on
any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S.C.
1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer
[[Page 2423]]
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;
[[Page 2424]]
(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
[[Page 2425]]
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.
[[Page 2426]]
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $363,850,000; of which not to exceed $4,210,000, to remain
available until September 30, 2018, is for information systems
modernization initiatives; of which $5,000 shall be available for
official reception and representation expenses; and of which not to
exceed $19,800,000, to remain available until September 30, 2018, is to
support the Department's activities related to implementation of the
Digital Accountability and Transparency Act (DATA Act; Public Law 113-
101), including changes in business processes, workforce, or information
technology to support high quality, transparent Federal spending
information.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$106,439,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2016 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $20,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvements Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-3, $233,523,000. Of the amount
appropriated under this heading--
[[Page 2427]]
(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.
[[Page 2428]]
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
[[Page 2429]]
the purpose and life-cycle stages of the investments; the reasons for
any cost and schedule variances; the risks of such investments and
strategies the Internal Revenue Service is using to mitigate such risks;
and the expected developmental milestones to be achieved and costs to be
incurred in the next quarter: Provided further, That the Internal
Revenue Service shall include, in its budget justification for fiscal
year 2017, a summary of cost and schedule performance information for
its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $290,000,000, to remain available until
September 30, 2018, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: <> Provided, That not later than
30 days after the end of each quarter, the Internal Revenue Service
shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate and the Comptroller General of the
United States detailing the cost and schedule performance for CADE 2 and
Modernized e-File information technology investments, including the
purposes and life-cycle stages of the investments; the reasons for any
cost and schedule variances; the risks of such investments and the
strategies the Internal Revenue Service is using to mitigate such risks;
and the expected developmental milestones to be achieved and costs to be
incurred in the next quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to any other Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. None of the funds made available to the Internal Revenue
Service by this Act may be used to make a video unless the Service-Wide
Video Editorial Board determines in advance that
[[Page 2430]]
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
[[Page 2431]]
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
[[Page 2432]]
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).
[[Page 2433]]
Sec. 125. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided by
the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing in
the Franchise Fund.
Sec. 126. The Secretary of the Treasury, in consultation with the
appropriate agencies, departments, bureaus, and commissions that have
expertise in terrorism and complex financial instruments, shall provide
a report to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Financial Services of the
House of Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate not later than 90 days after the date of
enactment of this Act on economic warfare and financial terrorism.
Sec. 127. During fiscal year 2016--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for
the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535 (November
29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2016''.
TITLE II <>
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3 U.S.C.
103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
[[Page 2434]]
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.
[[Page 2435]]
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
[[Page 2436]]
than one full-time equivalent senior staff position shall be dedicated
solely to the Office of the Intellectual Property Enforcement
Coordinator: Provided further, That none of the funds provided in this
or prior Acts shall be used, directly or indirectly, by the Office of
Management and Budget, for evaluating or determining if water resource
project or study reports submitted by the Chief of Engineers acting
through the Secretary of the Army are in compliance with all applicable
laws, regulations, and requirements relevant to the Civil Works water
resource planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further, That the Director of
the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $20,047,000:
Provided, <> That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and personal,
public and private, without fiscal year limitation, for the purpose of
aiding or facilitating the work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $250,000,000, to
remain available until September 30, 2017, for drug control activities
consistent with the approved strategy for each of the designated High
Intensity Drug Trafficking Areas (``HIDTAs''), of which not less than 51
percent shall be transferred to State and local entities for drug
control activities and shall be obligated not later than 120 days after
enactment of this Act: Provided, That up to 49 percent may be
transferred to Federal agencies and departments in amounts determined by
the Director of the Office of National Drug Control Policy, of which up
to $2,700,000 may be used for auditing services and associated
activities: Provided further, That, notwithstanding the requirements of
Public Law 106-58, any unexpended funds obligated prior to fiscal
[[Page 2437]]
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.
[[Page 2438]]
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--
[[Page 2439]]
(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.
[[Page 2440]]
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $9,964,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $30,872,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $18,160,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $4,918,969,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for furniture
and furnishings related to new space alteration and construction
projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$6,050,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed
[[Page 2441]]
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
[[Page 2442]]
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
[[Page 2443]]
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
[[Page 2444]]
to pay up to $2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the income and
need of eligible students and such other factors as may be authorized:
Provided further, That the District of Columbia government shall
maintain a dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the Program in
this Act and any subsequent appropriations, any unobligated balances
from prior fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the control of
the District of Columbia Chief Financial Officer, who shall use those
funds solely for the purposes of carrying out the Resident Tuition
Support Program: Provided further, That the Office of the Chief
Financial Officer shall provide a quarterly financial report to the
Committees on Appropriations of the House of Representatives and the
Senate for these funds showing, by object class, the expenditures made
and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$13,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$274,401,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,192,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $123,638,000, of which not to exceed $2,500
is for official reception and representation expenses; for the District
of Columbia Court System, $73,981,000, of which not to exceed $2,500 is
for official reception and representation expenses; and $62,590,000, to
remain available until September 30, 2017, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and facilities condition
assessment: Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and the Senate, the District of Columbia Courts may
reallocate not more than $6,000,000 of the funds provided under this
heading among the
[[Page 2445]]
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
[[Page 2446]]
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.
[[Page 2447]]
federal payment for judicial commissions
For a Federal payment, to remain available until September 30, 2017,
to the Commission on Judicial Disabilities and Tenure, $295,000, and for
the Judicial Nomination Commission, $270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $45,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125 Stat.
211) including students who were not offered a scholarship during any
previous school year: Provided further, That within funds provided for
opportunity scholarships $3,200,000 shall be for the activities
specified in sections 3007(b) through 3007(d) and 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$435,000, to remain available until expended for the Major General David
F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing of
individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth under the
heading ``District of Columbia Funds Summary of Expenses'' and at the
rate set forth under such heading, as included in the Fiscal Year 2016
Budget Request Act of 2015 submitted to the Congress by the District of
Columbia as amended as of the date of enactment of this Act: Provided,
That notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (section 1-
204.50a, D.C. Official Code), sections 816 and 817 of the Financial
Services and General Government Appropriations Act, 2009 (secs. 47-
369.01 and 47-369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2016 under this heading shall not
exceed the estimates included in the Fiscal Year 2016 Budget Request Act
of 2015 submitted to Congress by the District of Columbia as amended as
of the date of enactment of this Act or the sum of the total revenues of
the District of Columbia for such fiscal year: Provided further, That
the amount appropriated
[[Page 2448]]
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.
[[Page 2449]]
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.
[[Page 2450]]
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:
[[Page 2451]]
Provided further, That the sum herein appropriated from the general
fund shall be reduced as such offsetting collections are received during
fiscal year 2016, so as to result in a final fiscal year 2016
appropriation from the general fund estimated at not more than
$168,900,000: Provided further, That none of the funds made available
to the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for public
buildings acquired by installment purchase and purchase contract; in the
aggregate amount of $10,196,124,000, of which--
(1) $1,607,738,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $341,000,000 shall be for the DHS Consolidation
at St. Elizabeths;
(B) $105,600,000 shall be for the Alexandria Bay,
New York, Land Port of Entry;
(C) $85,645,000 shall be for the Columbus, New
Mexico, Land Port of Entry;
(D) $947,760,000 shall be for new construction
projects of the Federal Judiciary as prioritized in the
``Federal Judiciary Courthouse Project Priorities'' plan
approved by the Judicial Conference of the United States
on September 17, 2015, and submitted to the House and
Senate Committees on Appropriations on September 28,
2015;
[[Page 2452]]
(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:
[[Page 2453]]
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.
[[Page 2454]]
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
[[Page 2455]]
$13,278,000, to remain available until September 30, 2017: Provided,
That such amounts may be transferred and credited to ``Acquisition
Services Fund'' or ``Federal Buildings Fund'' to reimburse obligations
incurred for the purposes provided herein in fiscal year 2015 and 2016:
Provided further, That amounts made available under this heading shall
be in addition to any other amounts available for such purposes.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 40 U.S.C. 323
and 44 U.S.C. 3604; and for necessary expenses in support of interagency
projects that enable the Federal Government to enhance its ability to
conduct activities electronically, through the development and
implementation of innovative uses of information technology;
$55,894,000, to be deposited into the Federal Citizen Services Fund:
Provided, That the previous amount may be transferred to Federal
agencies to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues, reimbursements, and
collections deposited into the Fund shall be available until expended
for necessary expenses of Federal Citizen Services and other activities
that enable the Federal Government to enhance its ability to conduct
activities electronically in the aggregate amount not to exceed
$90,000,000: Provided further, That appropriations, revenues,
reimbursements, and collections accruing to this Fund during fiscal year
2016 in excess of such amount shall remain in the Fund and shall not be
available for expenditure except as authorized in appropriations Acts:
Provided further, That any appropriations provided to the Electronic
Government Fund that remain unobligated may be transferred to the
Federal Citizen Services Fund: Provided further, That the transfer
authorities provided herein shall be in addition to any other transfer
authority provided in this Act.
administrative provisions--general services administration
(including transfer of funds)
Sec. 510. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 511. Funds in the Federal Buildings Fund made available for
fiscal year 2016 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, That any proposed transfers shall be
approved in advance by the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 512. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2017
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established and
approved by the General Services Administration, the Judicial Conference
of the United States, and the Office of Management and Budget; (2)
reflects the priorities of the Judicial Conference of the United States
as set out in its approved 5-year construction plan; and (3) includes a
standardized courtroom
[[Page 2456]]
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.
[[Page 2457]]
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.
[[Page 2458]]
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the operations
and maintenance of the electronic records archives, the hire of
passenger motor vehicles, and for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning, $372,393,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of 2008,
Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector General
Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor
vehicles, $4,180,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $7,500,000, to remain
available until expended: Provided, That from amounts made available
under this heading in Public Laws 111-8 and 111-117 for necessary
expenses related to the repair and renovation of the Franklin D.
Roosevelt Presidential Library and Museum in Hyde Park, New York, the
remaining unobligated balances shall be available to implement the
National Archives and Records Administration Capital Improvement Plan.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $5,000,000, to
remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be
available until September 30, 2017, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, including services as
[[Page 2459]]
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.
[[Page 2460]]
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.
[[Page 2461]]
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
[[Page 2462]]
Code, and not to exceed $3,500 for official reception and representation
expenses, $268,000,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided further,
That, notwithstanding 31 U.S.C. 3302, revenues received from all such
activities shall be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a) of
division K of Public Law 108-447, during fiscal year 2016: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2017:
Provided further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small Business
Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $231,100,000, to remain available until
September 30, 2017: Provided, That $117,000,000 shall be available to
fund grants for performance in fiscal year 2016 or fiscal year 2017 as
authorized by section 21 of the Small Business Act: Provided further,
That $25,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $18,000,000 shall be available for
grants to States to carry out export programs that assist small business
concerns authorized under section 1207 of Public Law 111-240.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$19,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out the
provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and
the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.),
$9,120,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,338,172, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during
[[Page 2463]]
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--
[[Page 2464]]
(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,
[[Page 2465]]
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
[[Page 2466]]
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, whichever
is less; or (7) creates or reorganizes offices, programs, or activities
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate: Provided, That prior to
any significant reorganization or restructuring of offices, programs, or
activities, each agency or entity funded in this Act shall consult with
the Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal year:
Provided further, That at a minimum the report shall include: (1) a
table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each day
after the required date that the report has not been submitted to the
Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2016 from appropriations made available for salaries and
expenses for fiscal year 2016 in this Act, shall remain available
through September 30, 2017, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or the
Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent for
such request not more than 6 months prior to the date of such
request and during the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program established
under chapter 89 of title 5, United States Code.
[[Page 2467]]
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.
[[Page 2468]]
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
[[Page 2469]]
background investigation fieldwork services or background investigation
support services that, as of the date of the award of the contract, are
being conducted by that contractor.
Sec. 624. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 625. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 626. From the unobligated balances available in the Securities
and Exchange Commission Reserve Fund established by section 991 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law
111-203), $25,000,000 are rescinded.
Sec. 627. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is in
electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the United States.
Sec. 628. Beginning on the date of enactment of this Act, in the
current fiscal year and continuing through September 30, 2025, the
Further Notice of Proposed Rulemaking and Report and Order adopted by
the Federal Communications Commission on March 31, 2014 (FCC 14-28), and
the amendments to the rules of the Commission adopted in such Further
Notice of Proposed Rulemaking and Report and Order, shall not apply to a
joint sales agreement (as defined in Note 2(k) to section 73.3555 of
title 47, Code of Federal Regulations) that was in effect on March 31,
2014, and a rule of the Commission amended by such an amendment shall
apply to such agreement as such rule was in effect on the day before the
effective date of such amendment. A party to a joint sales agreement
that was in effect on March 31, 2014, shall not be considered to be in
violation of the ownership limitations of section 73.3555 of title 47,
Code of Federal Regulations, by reason of the application of the rule in
Note 2(k)(2), as so amended, to the joint sales agreement.
Sec. 629. During fiscal year 2016, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the Consumer
Product Safety Commission in the Federal Register on November 19, 2014
(79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard
[[Page 2470]]
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
[[Page 2471]]
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
[[Page 2472]]
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 2473]]
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
[[Page 2474]]
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
[[Page 2475]]
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--
[[Page 2476]]
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other Act
may be used to provide any non-public information such
[[Page 2477]]
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:
[[Page 2478]]
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.
[[Page 2479]]
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 726. (a) None of the funds appropriated by this Act may be used
to enter into or renew a contract which includes a provision providing
prescription drug coverage, except where the contract also includes a
provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story
[[Page 2480]]
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
[[Page 2481]]
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.
[[Page 2482]]
(6) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this subsection shall be treated as the
rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a rate
in excess of the rate that would be payable were this subsection not in
effect.
(8) The Office of Personnel Management may provide for exceptions to
the limitations imposed by this subsection if the Office determines that
such exceptions are necessary to ensure the recruitment or retention of
qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of basic
pay for the statutory pay systems that take place in fiscal year 2016
under sections 5344 and 5348 of title 5, United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted pursuant
to the statutory pay systems under sections 5303 and 5304 of
title 5, United States Code: Provided, That prevailing rate
employees at locations where there are no employees whose pay is
increased pursuant to sections 5303 and 5304 of title 5, United
States Code, and prevailing rate employees described in section
5343(a)(5) of title 5, United States Code, shall be considered
to be located in the pay locality designated as ``Rest of United
States'' pursuant to section 5304 of title 5, United States
Code, for purposes of this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2015.
Sec. 738. <> (a) The Vice President may not
receive a pay raise in calendar year 2016, notwithstanding the rate
adjustment made under section 104 of title 3, United States Code, or any
other provision of law.
(b) An employee serving in an Executive Schedule position, or in a
position for which the rate of pay is fixed by statute at an Executive
Schedule rate, may not receive a pay rate increase in calendar year
2016, notwithstanding schedule adjustments made under section 5318 of
title 5, United States Code, or any other provision of law, except as
provided in subsection (g), (h), or (i). This subsection applies only to
employees who are holding a position under a political appointment.
(c) A chief of mission or ambassador at large may not receive a pay
rate increase in calendar year 2016, notwithstanding section 401 of the
Foreign Service Act of 1980 (Public Law 96-465) or any other provision
of law, except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5, United States
Code, a pay rate increase may not be received in calendar year 2016
(except as provided in subsection (g), (h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the Executive
Schedule; or
[[Page 2483]]
(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;
[[Page 2484]]
(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
[[Page 2485]]
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
[[Page 2486]]
pursuant to an agreement with the authority responsible for collecting
the tax liability, where the awarding agency is aware of the unpaid tax
liability, unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination that this
further action is not necessary to protect the interests of the
Government.
Sec. 746. None of the funds made available by this or any other Act
may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted of a felony criminal
violation under any Federal law within the preceding 24 months, where
the awarding agency is aware of the conviction, unless a Federal agency
has considered suspension or debarment of the corporation and has made a
determination that this further action is not necessary to protect the
interests of the Government.
Sec. 747. (a) The Act entitled ``An Act providing for the
incorporation of certain persons as Group Hospitalization and Medical
Services, Inc.'', approved August 11, 1939 (53 Stat. 1412), is amended--
(1) by redesignating section 11 as section 12; and
(2) by inserting after section 10 the following:
``Sec. 11. The surplus of the corporation is for the benefit and
protection of all of its certificate holders and shall be available for
the satisfaction of all obligations of the corporation regardless of the
jurisdiction in which such surplus originated or such obligations arise.
The corporation shall not divide, attribute, distribute, or reduce its
surplus pursuant to any statute, regulation, or order of any
jurisdiction without the express agreement of the District of Columbia,
Maryland, and Virginia--
``(1) that the entire surplus of the corporation is
excessive; and
``(2) to any plan for reduction or distribution of
surplus.''.
(b) The amendments made by subsection (a) shall apply with respect
to the surplus of Group Hospitalization and Medical Services, Inc. for
any year after 2011.
Sec. 748. (a) During fiscal year 2016, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection shall
notify the Committees on Appropriations of the House of Representatives
and the Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and Urban
Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 749. (a) Notwithstanding the time limitations specified in
section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons who
served in the Armed Forces, the President may award the Medal of Honor
under section 3741 of such title to Charles S. Kettles for the acts of
valor during the Vietnam War described in subsection (b).
(b) The acts of valor referred to in subsection (a) are the actions
of Charles S. Kettles during combat operations on May 15, 1967, while
serving as Flight Commander, 176th Aviation Company, 14th Aviation
Battalion, Task Force Oregon, Republic of
[[Page 2487]]
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;
[[Page 2488]]
(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
[[Page 2489]]
assistance for any petition drive or civil action which seeks to require
Congress to provide for voting representation in Congress for the
District of Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding such
lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act may be
used to enact or carry out any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled Substances
Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) None of the funds contained in this Act may be used to enact any
law, rule, or regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any schedule I
substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or
any tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42),
for all agencies of the District of Columbia government for fiscal year
2016 that is in the total amount of the approved appropriation and that
realigns all budgeted data for personal services and other-than-personal
services, respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of
[[Page 2490]]
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)--
[[Page 2491]]
(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
[[Page 2492]]
(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
[[Page 2493]]
amounts in clauses (i) and (ii) for inflation, as measured by
the percentage increase, if any, from the preceding fiscal year
in the Consumer Price Index for All Urban Consumers, published
by the Bureau of Labor Statistics of the Department of Labor''.
Sec. 819. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2016''.
DIVISION F--DEPARTMENT <> OF HOMELAND SECURITY APPROPRIATIONS ACT,
2016
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $137,466,000: Provided, That
not to exceed $45,000 shall be for official reception and representation
expenses: Provided further, That all official costs associated with the
use of government aircraft by Department of Homeland Security personnel
to support official travel of the Secretary and the Deputy Secretary
shall be paid from amounts made available for the Immediate Office of
the Secretary and the Immediate Office of the Deputy Secretary:
Provided further, That not later than 30 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House of
Representatives, the Committees on the Judiciary of the Senate and the
House of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on Homeland
Security of the House of Representatives, the comprehensive plan for
implementation of the biometric entry and exit data system as required
under this heading in Public Law 114-4 and a report on visa overstay
data by country as required by section 1376 of title 8, United States
Code: Provided further, That the report on visa overstay data shall
also include--
(1) overstays from all nonimmigrant visa categories under
the immigration laws, delineated by each of the classes and sub-
classes of such categories; and
(2) numbers as well as rates of overstays for each class and
sub-class of such nonimmigrant categories on a per-country
basis:
Provided further, That of the funds provided under this heading,
$13,000,000 shall be withheld from obligation for the Office of the
Secretary and Executive Management until both the comprehensive plan and
the report are submitted.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of
[[Page 2494]]
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
[[Page 2495]]
(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.
[[Page 2496]]
automation modernization
For necessary expenses for U.S. Customs and Border Protection for
operation and improvement of automated systems, including salaries and
expenses, $829,460,000; of which $465,732,000 shall remain available
until September 30, 2018; and of which not less than $151,184,000 shall
be for the development of the Automated Commercial Environment.
border security fencing, infrastructure, and technology
For necessary expenses for border security fencing, infrastructure,
and technology, $447,461,000; of which $273,931,000 shall remain
available until September 30, 2017, for operations and maintenance; and
of which $173,530,000 shall remain available until September 30, 2018,
for development and deployment.
air and marine operations
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aerial systems, the
Air and Marine Operations Center, and other related equipment of the air
and marine program, including salaries and expenses, operational
training, and mission-related travel, the operations of which include
the following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in the
enforcement or administration of laws enforced by the Department of
Homeland Security; and, at the discretion of the Secretary of Homeland
Security, the provision of assistance to Federal, State, and local
agencies in other law enforcement and emergency humanitarian efforts;
$802,298,000; of which $300,429,000 shall be available for salaries and
expenses; and of which $501,869,000 shall remain available until
September 30, 2018: Provided, That no aircraft or other related
equipment, with the exception of aircraft that are one of a kind and
have been identified as excess to U.S. Customs and Border Protection
requirements and aircraft that have been damaged beyond repair, shall be
transferred to any other Federal agency, department, or office outside
of the Department of Homeland Security during fiscal year 2016 without
prior notice to the Committees on Appropriations of the Senate and the
House of Representatives: Provided further, That funding made available
under this heading shall be available for customs expenses when
necessary to maintain or to temporarily increase operations in Puerto
Rico.
construction and facilities management
For necessary expenses to plan, acquire, construct, renovate, equip,
furnish, operate, manage, and maintain buildings, facilities, and
related infrastructure necessary for the administration and enforcement
of the laws relating to customs, immigration, and border security,
$340,128,000, to remain available until September 30, 2020.
[[Page 2497]]
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
[[Page 2498]]
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
[[Page 2499]]
for aviation security: Provided further, That the sum appropriated
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2016 so as to result in a final fiscal year appropriation
from the general fund estimated at not more than $3,589,437,000:
Provided further, That the funds deposited pursuant to section 44945 of
title 49, United States Code, that are currently unavailable for
obligation are hereby permanently cancelled: Provided further, That
notwithstanding section 44923 of title 49, United States Code, for
fiscal year 2016, any funds in the Aviation Security Capital Fund
established by section 44923(h) of title 49, United States Code, may be
used for the procurement and installation of explosives detection
systems or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of such
title: <> Provided further, That
notwithstanding any other provision of law, for the current fiscal year
and each fiscal year hereafter, mobile explosives detection systems
purchased and deployed using funds made available under this heading may
be moved and redeployed to meet evolving passenger and baggage screening
security priorities at airports: Provided further, That none of the
funds made available in this Act may be used for any recruiting or
hiring of personnel into the Transportation Security Administration that
would cause the agency to exceed a staffing level of 45,000 full-time
equivalent screeners: Provided further, That the preceding proviso
shall not apply to personnel hired as part-time employees: Provided
further, That not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall submit to the Committees
on Appropriations of the Senate and the House of Representatives a
detailed report on--
(1) the Department of Homeland Security efforts and
resources being devoted to develop more advanced integrated
passenger screening technologies for the most effective security
of passengers and baggage at the lowest possible operating and
acquisition costs, including projected funding levels for each
fiscal year for the next 5 years or until project completion,
whichever is earlier;
(2) how the Transportation Security Administration is
deploying its existing passenger and baggage screener workforce
in the most cost-effective manner; and
(3) labor savings from the deployment of improved
technologies for passenger and baggage screening, including
high-speed baggage screening, and how those savings are being
used to offset security costs or reinvested to address security
vulnerabilities:
Provided further, That Members of the United States House of
Representatives and the United States Senate, including the leadership;
the heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
[[Page 2500]]
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
[[Page 2501]]
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-
[[Page 2502]]
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
[[Page 2503]]
enforcement organizations in counterfeit investigations; of which
$2,366,000 shall be for forensic and related support of investigations
of missing and exploited children; of which $6,000,000 shall be for a
grant for activities related to investigations of missing and exploited
children and shall remain available until September 30, 2017; and of
which not less than $12,000,000 shall be for activities related to
training in electronic crimes investigations and forensics: Provided,
That $18,000,000 for protective travel shall remain available until
September 30, 2017: Provided further, That of the amounts made
available under this heading for security improvements at the White
House complex, $8,200,000 shall remain available until September 30,
2017: Provided further, That $4,500,000 for National Special Security
Events shall remain available until expended: Provided further, That
the United States Secret Service is authorized to obligate funds in
anticipation of reimbursements from Federal agencies and entities, as
defined in section 105 of title 5, United States Code, for personnel
receiving training sponsored by the James J. Rowley Training Center,
except that total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under this heading at the end
of the fiscal year: Provided further, That none of the funds made
available under this heading shall be available to compensate any
employee for overtime in an annual amount in excess of $35,000, except
that the Secretary of Homeland Security, or the designee of the
Secretary, may waive that amount as necessary for national security
purposes: Provided further, That none of the funds made available to
the United States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection of the head
of a Federal agency other than the Secretary of Homeland Security:
Provided further, That the Director of the United States Secret Service
may enter into an agreement to provide such protection on a fully
reimbursable basis: Provided further, That none of the funds made
available to the United States Secret Service by this Act or by previous
appropriations Acts may be obligated for the purpose of opening a new
permanent domestic or overseas office or location unless the Committees
on Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such obligation: Provided further, That
for purposes of section 503 of this Act, $15,000,000 or 10 percent,
whichever is less, may be reprogrammed between Protection of Persons and
Facilities and Domestic Field Operations.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of physical and technological
infrastructure, $79,019,000, to remain available until September 30,
2018.
[[Page 2504]]
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
[[Page 2505]]
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.
[[Page 2506]]
(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
[[Page 2507]]
and shall reflect costs of providing such services, including
administrative costs of collecting such fees: Provided further, That
fees received under this heading shall be deposited in this account as
offsetting collections and will become available for authorized purposes
on October 1, 2016, and remain available until expended.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$7,374,693,000 to remain available until expended, of which $24,000,000
shall be transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related to disasters:
Provided, That the reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency, Disaster Relief
Fund'' in the Department of Homeland Security Appropriations Act, 2015
(Public Law 114-4) shall be applied in fiscal year 2016 with respect to
budget year 2017 and current fiscal year 2016, respectively, by
substituting ``fiscal year 2017'' for ``fiscal year 2016'' in paragraph
(1): Provided further, That of the amount provided under this heading,
$6,712,953,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided further, That the amount in the
preceding proviso is designated by the Congress as being for disaster
relief pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), and under sections 100215, 100216, 100226, 100230, and 100246 of
the Biggert-Waters Flood Insurance Reform Act of 2012, (Public Law 112-
141, 126 Stat. 916), $190,000,000, and such additional sums as may be
provided by State and local governments or other political subdivisions
for cost-shared mapping activities under section 1360(f)(2) of such Act
(42 U.S.C. 4101(f)(2)), to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$181,198,000, which shall remain available
[[Page 2508]]
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
[[Page 2509]]
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,
[[Page 2510]]
at all four training facilities under the control of the Federal Law
Enforcement Training Center to ensure that such training facilities are
operated at the highest capacity throughout the fiscal year: Provided
further, That the Federal Law Enforcement Training Accreditation Board,
including representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation process to
continue the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $27,553,000, to remain available until September 30,
2020: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of programs
and activities, as authorized by title III of the Homeland Security Act
of 2002 (6 U.S.C. 181 et seq.), $131,531,000: Provided, That not to
exceed $7,650 shall be for official reception and representation
expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation,
acquisition, and operations as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease
of not to exceed 5 vehicles, $655,407,000, to remain available until
September 30, 2018.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office,
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.), for management and administration of programs and
activities, $38,109,000: Provided, That not to exceed $2,250 shall be
for official reception and representation expenses.
[[Page 2511]]
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
[[Page 2512]]
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.
[[Page 2513]]
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
[[Page 2514]]
to funds made available in this Act in the same manner as such sections
applied to funds made available in that Act.
(b) <> The third proviso of section 537 of
the Department of Homeland Security Appropriations Act, 2006 (6 U.S.C.
114), shall hereafter not apply with respect to funds made available in
this or any other Act.
(c) <> Section 525 of Public Law 109-90 is
amended by striking ``thereafter'', and section 554 of Public Law 111-
83 <> is amended by striking ``and shall
report annually thereafter''.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act.
For purposes of the preceding sentence, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security shall
submit to the Committees on Appropriations of the Senate and the House
of Representatives a monthly budget and staffing report for that month
that includes total obligations of the Department for that month for the
fiscal year at the appropriation and program, project, and activity
levels, by the source year of the appropriation: Provided, That total
obligations for staffing shall also be provided by subcategory of on-
board and funded full-time equivalent staffing levels, respectively:
Provided further, That the report shall specify the number of, and total
obligations for, contract employees for each office of the Department.
Sec. 514. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'', and
``Transportation Security Support'' for fiscal years 2004 and 2005 that
are recovered or deobligated shall be available only for the procurement
or installation of explosives detection systems, air cargo, baggage, and
checkpoint screening systems, subject to notification: Provided, That
semiannual reports shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives on any
funds that are recovered or deobligated.
Sec. 515. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided by employees (including employees
serving on a temporary or term basis) of United States Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service Analysts,
Contact Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 516. Any funds appropriated to ``Coast Guard, Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until expended
for the Fast Response Cutter program.
Sec. 517. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
[[Page 2515]]
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
[[Page 2516]]
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.
[[Page 2517]]
Sec. 528. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9703.1(g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.
Sec. 529. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national identification
card.
Sec. 530. None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office of
Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 531. Any official that is required by this Act to report or to
certify to the Committees on Appropriations of the Senate and the House
of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.
Sec. 532. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other detainee
who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 533. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 534. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 535. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may be
used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of enactment
of this Act.
Sec. 536. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 537. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such
[[Page 2518]]
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
[[Page 2519]]
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.
[[Page 2520]]
Sec. 552. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in a
National Special Security Event.
Sec. 553. With the exception of countries with preclearance
facilities in service prior to 2013, none of the funds made available in
this Act may be used for new U.S. Customs and Border Protection air
preclearance agreements entering into force after February 1, 2014,
unless: (1) the Secretary of Homeland Security, in consultation with the
Secretary of State, has certified to Congress that air preclearance
operations at the airport provide a homeland or national security
benefit to the United States; (2) U.S. passenger air carriers are not
precluded from operating at existing preclearance locations; and (3) a
U.S. passenger air carrier is operating at all airports contemplated for
establishment of new air preclearance operations.
Sec. 554. None of the funds made available by this or any other Act
may be used by the Administrator of the Transportation Security
Administration to implement, administer, or enforce, in abrogation of
the responsibility described in section 44903(n)(1) of title 49, United
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any
airport at which the Transportation Security Administration provided
such monitoring as of December 1, 2013.
Sec. 555. The administrative law judge annuitants participating in
the Senior Administrative Law Judge Program managed by the Director of
the Office of Personnel Management under section 3323 of title 5, United
States Code, shall be available on a temporary reemployment basis to
conduct arbitrations of disputes arising from delivery of assistance
under the Federal Emergency Management Agency Public Assistance Program.
Sec. 556. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42) fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 557. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time equivalent
employee positions or costs more than $5,000,000 in a single year before
the end of the 30-day period beginning on the date on which the
Secretary of Homeland Security submits to Congress a notification that
includes--
(1) the number of full-time equivalent employee positions
affected by such change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 558. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public Web site
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
[[Page 2521]]
(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
[[Page 2522]]
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,
[[Page 2523]]
the Chief Financial Officer has submitted to the Committees on
Appropriations of the Senate and the House of Representatives--
(1) technical assistance on new legislative language in the
account structure under subsection (a);
(2) comparison tables of fiscal years 2015, 2016, and 2017
in the account structure under subsection (a);
(3) cross-component comparisons that the account structure
under subsection (a) facilitates;
(4) a copy of the interim financial management policy manual
addressing changes made in this Act;
(5) an outline of the financial management policy manual
changes necessary for the account structure under subsection
(a);
(6) proposed changes to transfer and reprogramming
requirements, including technical assistance on legislative
language;
(7) certification by the Chief Financial Officer that the
Department's financial systems can report in the new account
structure; and
(8) a plan for training and implementation of the account
structure under subsections (a) and (c).
Sec. 564. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 565. Section 214(g)(9)(A) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)(9)(A)) is amended by striking ``2004, 2005, or
2006 shall not again be counted toward such limitation during fiscal
year 2007.'' and inserting ``2013, 2014, or 2015 shall not again be
counted toward such limitation during fiscal year 2016.''.
Sec. 566. For an additional amount for ``U.S. Customs and Border
Protection, Salaries and Expenses'', $14,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation from amounts authorized to be collected by section 286(i)
of the Immigration and Nationality Act (8 U.S.C. 1356(i)), section 10412
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311),
and section 817 of the Trade Facilitation and Trade Enforcement Act of
2015: Provided, That to the extent that amounts realized from such
collections exceed $14,000,000, those amounts in excess of $14,000,000
shall be credited to this appropriation and remain available until
expended: Provided further, That this authority is contingent on
enactment of the Trade Facilitation and Trade Enforcement Act of 2015.
(rescissions)
Sec. 567. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985 (Public Law 99-177):
(1) $27,338,000 from Public Law 109-88;
[[Page 2524]]
(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'';
[[Page 2525]]
(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
[[Page 2526]]
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
[[Page 2527]]
are hereby authorized for fiscal year 2016, so as to result in a final
appropriation estimated at not more than $1,072,675,000, and $2,000,000,
to remain available until expended, from communication site rental fees
established by the Bureau for the cost of administering communication
site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579, including administrative expenses and acquisition of
lands or waters, or interests therein, $38,630,000, to be derived from
the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing
connecting roads on or adjacent to such grant lands; $107,734,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 1181f).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under section 28
of the Mineral Leasing Act (30 U.S.C. 185), to remain available until
expended: <> Provided, That,
[[Page 2528]]
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.
[[Page 2529]]
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.
[[Page 2530]]
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$35,145,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle
Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $11,061,000, to
remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $60,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$4,084,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $5,487,000 is for a competitive grant program to implement
approved plans for States, territories, and other jurisdictions and at
the discretion of affected States, the regional Associations of fish and
wildlife agencies, not subject to the remaining provisions of this
appropriation: Provided further, That the Secretary shall, after
deducting $9,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District of Columbia
and to the Commonwealth of Puerto Rico, each a sum equal to not more
than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall apportion
the remaining amount in the following manner: (1) one-third of which is
based on the ratio to which the land area of such State bears to the
total land area of all such States; and (2) two-thirds of which is based
on the ratio to which the population of such State bears to the total
population of all such States: Provided further, That the amounts
[[Page 2531]]
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,
[[Page 2532]]
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.
[[Page 2533]]
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.
[[Page 2534]]
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,062,000,000, to remain
available until September 30, 2017; of which $57,637,189 shall remain
available until expended for satellite operations; and of which
$7,280,000 shall be available until expended for deferred maintenance
and capital improvement projects that exceed $100,000 in cost:
Provided, That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private property,
unless specifically authorized in writing by the property
owner: <> Provided further, That no part of this
appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee for
Geological Sciences; and payment of compensation and expenses of persons
employed by the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts: Provided,
That activities funded by appropriations herein made may be accomplished
through the use of contracts, grants, or cooperative agreements as
defined in section 6302 of title 31, United States Code: Provided
further, That the United States Geological Survey may enter into
contracts or cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations, without regard
to 41 U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code, relating
to compensation for travel and work injuries, and chapter 171 of title
28, United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
[[Page 2535]]
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
[[Page 2536]]
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
[[Page 2537]]
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $90,000,000, to remain available until expended, for
grants to States for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That such additional
amount shall be used for economic and community development in
conjunction with the priorities in section 403(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided
further, That such additional amount shall be distributed in equal
amounts to the 3 Appalachian States with the greatest amount of unfunded
needs to meet the priorities described in paragraphs (1) and (2) of such
section: Provided further, That such additional amount shall be
allocated to States within 60 days after the date of enactment of this
Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), $2,267,924,000, to remain available until
September 30, 2017, except as otherwise provided herein; of which not to
exceed $8,500 may be for official reception and representation expenses;
of which not to exceed $74,791,000 shall be for welfare assistance
payments: Provided, That, in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided herein, to
provide for disaster relief to Indian communities affected by the
disaster: Provided further, That federally recognized Indian tribes and
tribal organizations of federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $628,351,000 for school operations
costs of Bureau-funded schools and other education programs shall become
available on July 1, 2016, and shall remain available until September
30, 2017: Provided further, That not to exceed $43,813,000 shall remain
available until expended for housing improvement, road maintenance,
attorney fees, litigation support, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That, notwithstanding
any other provision of law, including but not limited to the Indian
Self-Determination Act of 1975 (25 U.S.C. 450f et seq.) and section 1128
of the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed
$73,276,000 within and only from such amounts made available for school
operations shall be available for administrative cost grants associated
with grants approved prior to July 1, 2016: Provided further, That any
forestry funds allocated to a federally recognized tribe which remain
unobligated as of September 30, 2017, may be transferred during fiscal
year 2018 to an Indian forest land assistance account established for
the benefit of the holder
[[Page 2538]]
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
[[Page 2539]]
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
[[Page 2540]]
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,
[[Page 2541]]
and the Americans with Disabilities Act, and demonstrate the benefits of
establishing operations at a satellite location in lieu of incurring
extraordinary costs, such as for transportation or other impacts to
students such as those caused by busing students extended distances:
Provided, That no funds available under this Act may be used to fund
operations, maintenance, rehabilitation, construction or other
facilities-related costs for such assets that are not owned by the
Bureau: Provided further, That the term ``satellite school'' means a
school location physically separated from the existing Bureau school by
more than 50 miles but that forms part of the existing school in all
other respects.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of the
Interior, including the collection and disbursement of royalties, fees,
and other mineral revenue proceeds, and for grants and cooperative
agreements, as authorized by law, $721,769,000, to remain available
until September 30, 2017; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines; and of which $12,618,000 for the
Office of Valuation Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and of
which $38,300,000 shall remain available until expended for the purpose
of mineral revenue management activities: Provided, That
notwithstanding any other provision of law, $15,000 under this heading
shall be available for refunds of overpayments in connection with
certain Indian leases in which the Secretary concurred with the claimed
refund due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments.
administrative provisions
For fiscal year 2016, up to $400,000 of the payments authorized by
the Act of October 20, 1976 (31 U.S.C. 6901-6907) may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That no payment shall be made pursuant to that Act to
otherwise eligible units of local government if the computed amount of
the payment is less than $100: Provided further, That the Secretary may
reduce the payment authorized by 31 U.S.C. 6901-6907 for an individual
county by the amount necessary to correct prior year overpayments to
that county: Provided further, That the amount needed to correct a
prior year underpayment to an individual county shall be paid from any
reductions for overpayments to other counties and the amount necessary
to cover any remaining underpayment is hereby appropriated and shall be
paid to individual counties: Provided further, That of the total amount
made available by this title for ``Office of the Secretary--Departmental
Operations'', $452,000,000 shall be available to the Secretary of the
Interior for an additional amount for fiscal
[[Page 2542]]
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.
[[Page 2543]]
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.),
[[Page 2544]]
shall remain available until expended by the contractor or grantee:
Provided further, That, notwithstanding any other provision of law, the
Secretary shall not be required to provide a quarterly statement of
performance for any Indian trust account that has not had activity for
at least 15 months and has a balance of $15 or less: Provided further,
That the Secretary shall issue an annual account statement and maintain
a record of any such accounts and shall permit the balance in each such
account to be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is available for
the Secretary to make payments to correct administrative errors of
either disbursements from or deposits to Individual Indian Money or
Tribal accounts after September 30, 2002: Provided further, That
erroneous payments that are recovered shall be credited to and remain
available in this account for this purpose: Provided further, That the
Secretary shall not be required to reconcile Special Deposit Accounts
with a balance of less than $500 unless the Office of the Special
Trustee receives proof of ownership from a Special Deposit Accounts
claimant.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels management activities, and rural fire assistance by the
Department of the Interior, $816,745,000, to remain available until
expended, of which not to exceed $6,427,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That of the funds provided $170,000,000 is for hazardous fuels
management activities: Provided further, That of the funds provided
$18,970,000 is for burned area rehabilitation: Provided further, That
persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence
and lodging without cost from funds available from this appropriation:
Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by
a bureau or office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States
property, may be credited to the appropriation from which funds were
expended to provide that protection, and are available without fiscal
year limitation: Provided further, That using the amounts designated
under this title of this Act, the Secretary of the Interior may enter
into procurement contracts, grants, or cooperative agreements, for
hazardous fuels management and resilient landscapes activities, and for
training and monitoring associated with such hazardous fuels management
and resilient landscapes activities on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal land:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That notwithstanding requirements of the Competition in
[[Page 2545]]
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).
[[Page 2546]]
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.
[[Page 2547]]
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
[[Page 2548]]
authority until the Secretary determines that funds appropriated for
``wildland fire operations'' and ``FLAME Wildfire Suppression Reserve
Fund'' shall be exhausted within 30 days: Provided further, That all
funds used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section 3109
of title 5, United States Code, when authorized by the Secretary, in
total amount not to exceed $500,000; purchase and replacement of motor
vehicles, including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations approved by
the Secretary; and the payment of dues, when authorized by the
Secretary, for library membership in societies or associations which
issue publications to members only or at a price to members lower than
to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Bureau of Indian Education, and Office of the
Special Trustee for American Indians and any unobligated balances from
prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal year 2016.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to acquire lands, waters, or interests
therein including the use of all or part of any pier, dock, or landing
within the State of New York and the State of New Jersey, for the
purpose of operating and maintaining facilities in the support of
transportation and accommodation of visitors to Ellis, Governors, and
Liberty Islands, and of other program
[[Page 2549]]
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
[[Page 2550]]
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--
[[Page 2551]]
(1) <> in sections 409(a),
508(a), and 812(a) by striking ``$15,000,000'' and inserting
``$17,000,000''; and
(2) <> in sections 208, 310,
and 607 by striking ``2015'' and inserting ``2017''.
sage-grouse
Sec. 117. None of the funds made available by this or any other Act
may be used by the Secretary of the Interior to write or issue pursuant
to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse
(Centrocercus urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
onshore pay authority extension
Sec. 118. For fiscal year 2016, funds made available in this title
for the Bureau of Land Management and the Bureau of Indian Affairs may
be used by the Secretary of the Interior to establish higher minimum
rates of basic pay for employees of the Department of the Interior
carrying out the inspection and regulation of onshore oil and gas
operations on public lands in the Petroleum Engineer (GS-0881) and
Petroleum Engineering Technician (GS-0802) job series at grades 5
through 14 at rates no greater than 25 percent above the minimum rates
of basic pay normally scheduled, and such higher rates shall be
consistent with subsections (e) through (h) of section 5305 of title 5,
United States Code.
republic of palau
Sec. 119. (a) In General.--Subject to subsection (c), the United
States Government, through the Secretary of the Interior shall provide
to the Government of Palau for fiscal year 2016 grants in amounts equal
to the annual amounts specified in subsections (a), (c), and (d) of
section 211 of the Compact of Free Association between the Government of
the United States of America and the Government of Palau (48 U.S.C. 1931
note) (referred to in this section as the ``Compact'').
(b) Programmatic Assistance.--Subject to subsection (c), the United
States shall provide programmatic assistance to the Republic of Palau
for fiscal year 2016 in amounts equal to the amounts provided in
subsections (a) and (b)(1) of section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to the
same extent and in the same manner as the grants and assistance
were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more
than $5,000,000 from the trust fund established under section
211(f) of the Compact, amounts to be provided under subsections
(a) and (b) shall be withheld from the Government of Palau.
[[Page 2552]]
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
[[Page 2553]]
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
[[Page 2554]]
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
[[Page 2555]]
appropriated for the Clean Water State Revolving Fund program
under the Act less any sums reserved under section 518(c) of the
Act, may be reserved by the Administrator for grants made under
title II of the Federal Water Pollution Control Act for American
Samoa, Guam, the Commonwealth of the Northern Marianas, and
United States Virgin Islands: Provided further, That for fiscal
year 2016, notwithstanding the limitations on amounts specified
in section 1452(j) of the Safe Drinking Water Act, up to 1.5
percent of the funds appropriated for the Drinking Water State
Revolving Fund programs under the Safe Drinking Water Act may be
reserved by the Administrator for grants made under section
1452(j) of the Safe Drinking Water Act: Provided further, That
10 percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization grants
and 20 percent of the funds made available under this title to
each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to provide
additional subsidy to eligible recipients in the form of
forgiveness of principal, negative interest loans, or grants (or
any combination of these), and shall be so used by the State
only where such funds are provided as initial financing for an
eligible recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act;
(2) $10,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission; Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure;
(3) $20,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs of
rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used for
administrative and overhead expenses; and (C) the State of
Alaska shall make awards consistent with the Statewide priority
list established in conjunction with the Agency and the U.S.
Department of Agriculture for all water, sewer, waste disposal,
and similar projects carried out by the State of Alaska that are
funded under section 221 of the Federal Water Pollution Control
Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.) which shall allocate not
less than 25 percent of the funds provided for projects in
regional hub communities;
[[Page 2556]]
(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).
[[Page 2557]]
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
[[Page 2558]]
available until September 30, 2017, to be used solely to meet Federal
requirements for cybersecurity implementation, including enhancing
response capabilities and upgrading incident management tools:
Provided, That such funds shall supplement, not supplant, any other
amounts made available to the Environmental Protection Agency for such
purpose: Provided further, That solely for the purposes provided
herein, such funds may be transferred to and merged with any other
appropriation in this Title.
Of the unobligated balances available for ``State and Tribal
Assistance Grants'' account, $40,000,000 are permanently rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $291,000,000, to remain available until expended:
Provided, That of the funds provided, $75,000,000 is for the forest
inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of pests,
pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $237,023,000, to remain
available until expended, as authorized by law; of which $62,347,000 is
to be derived from the Land and Water Conservation Fund.
national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, $1,509,364,000, to remain available until
expended: Provided, That of the funds provided, $40,000,000 shall be
deposited in the Collaborative Forest Landscape Restoration Fund for
ecological restoration treatments as authorized by 16 U.S.C. 7303(f):
Provided further, That of the funds provided, $359,805,000 shall be for
forest products: Provided further, That of the funds provided, up to
$81,941,000 is for the Integrated Resource Restoration pilot program for
Region 1, Region 3 and Region 4: Provided further, That of the funds
provided for
[[Page 2559]]
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
[[Page 2560]]
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
[[Page 2561]]
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.
[[Page 2562]]
flame wildfire suppression reserve fund
(including transfers of funds)
For necessary expenses for large fire suppression operations of the
Department of Agriculture and as a reserve fund for suppression and
Federal emergency response activities, $823,000,000, to remain available
until expended: Provided, That such amounts are only available for
transfer to the ``Wildland Fire Management'' account following a
declaration by the Secretary in accordance with section 502 of the FLAME
Act of 2009 (43 U.S.C. 1748a).
administrative provisions, forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire of
such vehicles; purchase, lease, operation, maintenance, and acquisition
of aircraft to maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the headings ``Wildland Fire Management'' and ``FLAME
Wildfire Suppression Reserve Fund'' will be obligated within 30 days:
Provided, That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the Department
of State, and the
[[Page 2563]]
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.
[[Page 2564]]
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,
[[Page 2565]]
That funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of
the grant or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That, $914,139,000 for Purchased/Referred Care, including
$51,500,000 for the Indian Catastrophic Health Emergency Fund, shall
remain available until expended: Provided further, That, of the funds
provided, up to $36,000,000 shall remain available until expended for
implementation of the loan repayment program under section 108 of the
Indian Health Care Improvement Act: Provided further, That, of the
funds provided, $2,000,000 shall be used to supplement funds available
for operational costs at tribal clinics operated under an Indian Self-
Determination and Education Assistance Act compact or contract where
health care is delivered in space acquired through a full service lease,
which is not eligible for maintenance and improvement and equipment
funds from the Indian Health Service, and $2,000,000 shall be for
accreditation emergencies: Provided further, That the amounts collected
by the Federal Government as authorized by sections 104 and 108 of the
Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during
the preceding fiscal year for breach of contracts shall be deposited to
the Fund authorized by section 108A of the Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding section
108A(c) of the Act (25 U.S.C. 1616a-1(c)), funds shall be available to
make new awards under the loan repayment and scholarship programs under
sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided
further, That, notwithstanding any other provision of law, the amounts
made available within this account for the methamphetamine and suicide
prevention and treatment initiative, for the domestic violence
prevention initiative, to improve collections from public and private
insurance at Indian Health Service and tribally operated facilities, and
for accreditation emergencies shall be allocated at the discretion of
the Director of the Indian Health Service and shall remain available
until expended: Provided further, That funds provided in this Act may
be used for annual contracts and grants that fall within 2 fiscal years,
provided the total obligation is recorded in the year the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the Social
Security Act, except for those related to the planning, design, or
construction of new facilities: Provided further, That funding
contained herein for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further, That
the Bureau of Indian Affairs may collect from the Indian Health Service,
tribes and tribal organizations operating health facilities pursuant to
[[Page 2566]]
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.
[[Page 2567]]
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
[[Page 2568]]
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.
[[Page 2569]]
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
to exceed $750 for official reception and representation expenses,
$3,000,000: Provided, That notwithstanding section 202 of the National
Environmental Policy Act of 1970, the Council shall consist of one
member, appointed by the President, by and with the advice and consent
of the Senate, serving as chairman and exercising all powers, functions,
and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376, $11,000,000:
Provided, That the Chemical Safety and Hazard Investigation Board
(Board) shall have not more than three career Senior Executive Service
positions: <> Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection Agency
(EPA) shall, by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That notwithstanding
any other provision of law, the Inspector General of the Board shall
utilize personnel of the Office of Inspector General of EPA in
performing the duties of the Inspector General of the Board, and shall
not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $15,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo
[[Page 2570]]
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
[[Page 2571]]
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.
[[Page 2572]]
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 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
[[Page 2573]]
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.
[[Page 2574]]
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.
[[Page 2575]]
(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.
[[Page 2576]]
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.
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
[[Page 2577]]
(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.
[[Page 2578]]
(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.
[[Page 2579]]
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,
[[Page 2580]]
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 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;
[[Page 2581]]
(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;
[[Page 2582]]
``(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--
[[Page 2583]]
``(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;
[[Page 2584]]
(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 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
[[Page 2585]]
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
[[Page 2586]]
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
[[Page 2587]]
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
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
[[Page 2588]]
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.
[[Page 2589]]
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.
[[Page 2590]]
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
[[Page 2591]]
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:
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
[[Page 2592]]
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
[[Page 2593]]
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.
[[Page 2594]]
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 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.
[[Page 2595]]
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
[[Page 2596]]
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
[[Page 2597]]
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
[[Page 2598]]
``(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).
``(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.
[[Page 2599]]
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).
[[Page 2600]]
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
[[Page 2601]]
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 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.
[[Page 2602]]
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.
[[Page 2603]]
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.
[[Page 2604]]
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
[[Page 2605]]
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.
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
[[Page 2606]]
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.
[[Page 2607]]
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:
[[Page 2608]]
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
[[Page 2609]]
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
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
[[Page 2610]]
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.
[[Page 2611]]
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
[[Page 2612]]
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
[[Page 2613]]
transfers to appropriations under this heading by substituting ``10
percent'' for ``3 percent''.
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,
[[Page 2614]]
$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
[[Page 2615]]
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,
[[Page 2616]]
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, 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.
[[Page 2617]]
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).
[[Page 2618]]
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
[[Page 2619]]
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.
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.
[[Page 2620]]
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
[[Page 2621]]
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
[[Page 2622]]
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:
[[Page 2623]]
(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.
(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
[[Page 2624]]
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).
[[Page 2625]]
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).
[[Page 2626]]
(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 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.''.
[[Page 2627]]
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
[[Page 2628]]
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.
[[Page 2629]]
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
[[Page 2630]]
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 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-
[[Page 2631]]
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
[[Page 2632]]
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)
[[Page 2633]]
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, 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.
[[Page 2634]]
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.
[[Page 2635]]
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.
[[Page 2636]]
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.
[[Page 2637]]
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 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,
[[Page 2638]]
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;
[[Page 2639]]
``(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)--
[[Page 2640]]
(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 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)
[[Page 2641]]
$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.
[[Page 2642]]
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
[[Page 2643]]
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.
[[Page 2644]]
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 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.
[[Page 2645]]
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.
[[Page 2646]]
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
[[Page 2647]]
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.
[[Page 2648]]
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 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
[[Page 2649]]
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.
[[Page 2650]]
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
[[Page 2651]]
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;
(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.
[[Page 2652]]
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
[[Page 2653]]
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;
[[Page 2654]]
(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
[[Page 2655]]
and Minority Policy Committees, $4,690 for each Chairman; in all,
$174,840.
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.
[[Page 2656]]
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.
[[Page 2657]]
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:
[[Page 2658]]
``(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.
[[Page 2659]]
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 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
[[Page 2660]]
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.
[[Page 2661]]
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
[[Page 2662]]
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.
[[Page 2663]]
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 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
[[Page 2664]]
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,
[[Page 2665]]
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
[[Page 2666]]
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
amount by which collections are less than $6,350,000: Provided further,
That, of the
[[Page 2667]]
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
[[Page 2668]]
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
[[Page 2669]]
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
[[Page 2670]]
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 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.
[[Page 2671]]
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
[[Page 2672]]
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
[[Page 2673]]
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.--
[[Page 2674]]
(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
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.
[[Page 2675]]
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
[[Page 2676]]
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
[[Page 2677]]
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, $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.
[[Page 2678]]
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.
[[Page 2679]]
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
[[Page 2680]]
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
[[Page 2681]]
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 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.
[[Page 2682]]
(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.
[[Page 2683]]
(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.
[[Page 2684]]
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
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
[[Page 2685]]
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
[[Page 2686]]
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
[[Page 2687]]
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
[[Page 2688]]
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 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;
[[Page 2689]]
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
[[Page 2690]]
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).
[[Page 2691]]
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 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
[[Page 2692]]
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
[[Page 2693]]
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.
[[Page 2694]]
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
[[Page 2695]]
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 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
[[Page 2696]]
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'',
[[Page 2697]]
``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).
[[Page 2698]]
(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 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
[[Page 2699]]
(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
[[Page 2700]]
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
[[Page 2701]]
``(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
[[Page 2702]]
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.
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
[[Page 2703]]
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.
[[Page 2704]]
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.
[[Page 2705]]
(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 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--
[[Page 2706]]
(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
[[Page 2707]]
(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
[[Page 2708]]
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.
[[Page 2709]]
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 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
[[Page 2710]]
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
[[Page 2711]]
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.
[[Page 2712]]
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
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
[[Page 2713]]
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
[[Page 2714]]
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
[[Page 2715]]
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
[[Page 2716]]
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:
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
[[Page 2717]]
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;
[[Page 2718]]
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.
[[Page 2719]]
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,
[[Page 2720]]
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 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
[[Page 2721]]
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.
[[Page 2722]]
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
[[Page 2723]]
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 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.
[[Page 2724]]
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
[[Page 2725]]
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
[[Page 2726]]
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,
[[Page 2727]]
That of the funds appropriated under this heading, not to exceed $55,000
may be available for entertainment expenses.
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
[[Page 2728]]
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.
[[Page 2729]]
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.
[[Page 2730]]
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.
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.
[[Page 2731]]
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.
[[Page 2732]]
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
[[Page 2733]]
$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
[[Page 2734]]
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 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;
[[Page 2735]]
(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.
[[Page 2736]]
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
[[Page 2737]]
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.
(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
[[Page 2738]]
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
[[Page 2739]]
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
[[Page 2740]]
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
[[Page 2741]]
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 (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,
[[Page 2742]]
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
[[Page 2743]]
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.
[[Page 2744]]
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
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
[[Page 2745]]
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.
[[Page 2746]]
(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
[[Page 2747]]
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 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
[[Page 2748]]
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.
[[Page 2749]]
(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
[[Page 2750]]
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
[[Page 2751]]
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 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
[[Page 2752]]
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--
[[Page 2753]]
(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
[[Page 2754]]
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 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
[[Page 2755]]
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
[[Page 2756]]
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
[[Page 2757]]
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
[[Page 2758]]
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 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
[[Page 2759]]
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
[[Page 2760]]
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
[[Page 2761]]
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 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
[[Page 2762]]
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
[[Page 2763]]
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
[[Page 2764]]
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).
[[Page 2765]]
(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 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''.
[[Page 2766]]
(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,
[[Page 2767]]
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
[[Page 2768]]
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.
(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
[[Page 2769]]
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;
[[Page 2770]]
(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
[[Page 2771]]
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
treatment, handling, and uses of all funds
[[Page 2772]]
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.
[[Page 2773]]
(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
[[Page 2774]]
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.
[[Page 2775]]
(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 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
[[Page 2776]]
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.
[[Page 2777]]
(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
[[Page 2778]]
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 2779]]
(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
[[Page 2780]]
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
[[Page 2781]]
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
[[Page 2782]]
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 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
[[Page 2783]]
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
[[Page 2784]]
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
[[Page 2785]]
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.--
[[Page 2786]]
(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 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
[[Page 2787]]
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.
[[Page 2788]]
(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--
[[Page 2789]]
(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
(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--
[[Page 2790]]
(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.
[[Page 2791]]
(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;
[[Page 2792]]
(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
[[Page 2793]]
(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.
(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--
[[Page 2794]]
(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
[[Page 2795]]
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;
[[Page 2796]]
(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 unified
[[Page 2797]]
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.
[[Page 2798]]
(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
[[Page 2799]]
(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.
[[Page 2800]]
(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
(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
[[Page 2801]]
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.--
[[Page 2802]]
(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.
[[Page 2803]]
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 2804]]
(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
[[Page 2805]]
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
[[Page 2806]]
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
[[Page 2807]]
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 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
[[Page 2808]]
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.--
[[Page 2809]]
(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
[[Page 2810]]
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 through VI of this Act unless
such pledge was--
[[Page 2811]]
(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
[[Page 2812]]
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
[[Page 2813]]
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,
[[Page 2814]]
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;
(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
[[Page 2815]]
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
[[Page 2816]]
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
[[Page 2817]]
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 2818]]
(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--
[[Page 2819]]
(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
[[Page 2820]]
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.
[[Page 2821]]
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
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
[[Page 2822]]
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,
[[Page 2823]]
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
[[Page 2824]]
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.
[[Page 2825]]
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $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.
[[Page 2826]]
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.
[[Page 2827]]
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
[[Page 2828]]
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.
[[Page 2829]]
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 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--
[[Page 2830]]
``(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--
[[Page 2831]]
(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--
[[Page 2832]]
(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).
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.
[[Page 2833]]
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;
[[Page 2834]]
(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
[[Page 2835]]
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
[[Page 2836]]
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, 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
[[Page 2837]]
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
[[Page 2838]]
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.
[[Page 2839]]
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 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
[[Page 2840]]
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
[[Page 2841]]
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
[[Page 2842]]
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 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
[[Page 2843]]
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.
[[Page 2844]]
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--
[[Page 2845]]
(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);
[[Page 2846]]
(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 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--
[[Page 2847]]
(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
[[Page 2848]]
``(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.
[[Page 2849]]
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
[[Page 2850]]
$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 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
[[Page 2851]]
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
[[Page 2852]]
(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,
[[Page 2853]]
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
$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
[[Page 2854]]
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,
[[Page 2855]]
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
[[Page 2856]]
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.
[[Page 2857]]
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 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
[[Page 2858]]
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
[[Page 2859]]
(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.
[[Page 2860]]
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 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.
[[Page 2861]]
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
[[Page 2862]]
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
[[Page 2863]]
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).
[[Page 2864]]
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. 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
[[Page 2865]]
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.
[[Page 2866]]
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.
[[Page 2867]]
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.
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.
[[Page 2868]]
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
[[Page 2869]]
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
[[Page 2870]]
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
[[Page 2871]]
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;
(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
[[Page 2872]]
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.
[[Page 2873]]
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
[[Page 2874]]
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 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
[[Page 2875]]
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
[[Page 2876]]
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.
[[Page 2877]]
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 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.
[[Page 2878]]
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
[[Page 2879]]
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
[[Page 2880]]
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.
[[Page 2881]]
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under 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
[[Page 2882]]
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
[[Page 2883]]
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.
[[Page 2884]]
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
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
[[Page 2885]]
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
[[Page 2886]]
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
[[Page 2887]]
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 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.
[[Page 2888]]
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
[[Page 2889]]
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.
[[Page 2890]]
(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;
[[Page 2891]]
(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);
(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
[[Page 2892]]
(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.
[[Page 2893]]
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
[[Page 2894]]
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
(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:
[[Page 2895]]
(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--
[[Page 2896]]
(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.
[[Page 2897]]
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 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
[[Page 2898]]
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.--
[[Page 2899]]
(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
[[Page 2900]]
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
[[Page 2901]]
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.
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-
[[Page 2902]]
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.
[[Page 2903]]
(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
[[Page 2904]]
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;
(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--
[[Page 2905]]
(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
[[Page 2906]]
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
[[Page 2907]]
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. 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.
[[Page 2908]]
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.
[[Page 2909]]
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.
[[Page 2910]]
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:
(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,
[[Page 2911]]
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
[[Page 2912]]
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.
[[Page 2913]]
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:
[[Page 2914]]
``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 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
[[Page 2915]]
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
[[Page 2916]]
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.
[[Page 2917]]
(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 2918]]
(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
[[Page 2919]]
(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
[[Page 2920]]
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:
[[Page 2921]]
``(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;
(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.
[[Page 2922]]
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
[[Page 2923]]
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.
[[Page 2924]]
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:
[[Page 2925]]
(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 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;
[[Page 2926]]
(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;
[[Page 2927]]
(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
[[Page 2928]]
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.
[[Page 2929]]
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 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)''.
[[Page 2930]]
(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
[[Page 2931]]
(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
[[Page 2932]]
(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.
(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
[[Page 2933]]
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
[[Page 2934]]
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
[[Page 2935]]
(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.
[[Page 2936]]
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.
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.
[[Page 2937]]
(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.
[[Page 2938]]
(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).
[[Page 2939]]
(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 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
[[Page 2940]]
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.--
[[Page 2941]]
(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.
[[Page 2942]]
(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
[[Page 2943]]
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.
(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.--
[[Page 2944]]
(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.--
[[Page 2945]]
(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
[[Page 2946]]
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--
[[Page 2947]]
(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 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
[[Page 2948]]
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.
[[Page 2949]]
(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
[[Page 2950]]
(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 the monitoring
[[Page 2951]]
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.--
[[Page 2952]]
(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
[[Page 2953]]
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
[[Page 2954]]
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
(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.
[[Page 2955]]
(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,
[[Page 2956]]
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:
[[Page 2957]]
(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)--
[[Page 2958]]
(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,'';
(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;
[[Page 2959]]
(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.
[[Page 2960]]
``(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.
[[Page 2961]]
``(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:
``(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.''.
[[Page 2962]]
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.
[[Page 2963]]
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;
[[Page 2964]]
``(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
[[Page 2965]]
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).
``(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
[[Page 2966]]
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
[[Page 2967]]
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.--
[[Page 2968]]
(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.
(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
[[Page 2969]]
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;
[[Page 2970]]
(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
[[Page 2971]]
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.
[[Page 2972]]
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.
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--
[[Page 2973]]
``(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
[[Page 2974]]
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:
[[Page 2975]]
``(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.
[[Page 2976]]
(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 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.
[[Page 2977]]
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.
[[Page 2978]]
(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.
[[Page 2979]]
(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 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;
[[Page 2980]]
(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
[[Page 2981]]
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).
[[Page 2982]]
(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
[[Page 2983]]
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 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--
[[Page 2984]]
(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.
[[Page 2985]]
(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.''.
[[Page 2986]]
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.
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.
[[Page 2987]]
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
[[Page 2988]]
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
SEC. 201. <> SHORT TITLE.
This title may be cited as the ``Visa Waiver Program Improvement and
Terrorist Travel Prevention Act of 2015''.
[[Page 2989]]
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
[[Page 2990]]
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.
``(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
[[Page 2991]]
``(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.
[[Page 2992]]
``(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
[[Page 2993]]
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
[[Page 2994]]
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--
(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
[[Page 2995]]
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.
[[Page 2996]]
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
[[Page 2997]]
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
[[Page 2998]]
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.--
``(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
[[Page 2999]]
(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
[[Page 3000]]
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));
[[Page 3001]]
``(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--
``(I) is filed under this title
during the period described in
subparagraph (B); and
``(II) is not a claim described in
clause (ii).
[[Page 3002]]
``(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
[[Page 3003]]
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
[[Page 3004]]
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.
[[Page 3005]]
``(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 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).
[[Page 3006]]
``(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 nonimmigrants 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
[[Page 3007]]
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,
[[Page 3008]]
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.--
[[Page 3009]]
(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;
(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--
[[Page 3010]]
(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
[[Page 3011]]
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
[[Page 3012]]
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
[[Page 3013]]
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.
(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
[[Page 3014]]
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.
[[Page 3015]]
(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
[[Page 3016]]
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 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
[[Page 3017]]
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,
[[Page 3018]]
$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
[[Page 3019]]
(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:
[[Page 3020]]
``(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.
``(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
[[Page 3021]]
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.--
[[Page 3022]]
(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.
[[Page 3023]]
(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
[[Page 3024]]
``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.
(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
[[Page 3025]]
(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;
[[Page 3026]]
``(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)--
[[Page 3027]]
``(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;
[[Page 3028]]
``(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.
``(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.''.
[[Page 3029]]
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
[[Page 3030]]
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
[[Page 3031]]
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.
(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.--
[[Page 3032]]
(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
[[Page 3033]]
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
[[Page 3034]]
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 shall 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
[[Page 3035]]
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
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
[[Page 3036]]
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.
[[Page 3037]]
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--
[[Page 3038]]
``(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.''.
[[Page 3039]]
(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:
``(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
[[Page 3040]]
``(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 <