[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2029 Enrolled Bill (ENR)]
H.R.2029
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
Making appropriations for military construction, the Department of
Veterans Affairs, and related agencies for the fiscal year ending
September 30, 2016, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2016''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Technical allowance for estimating differences.
Sec. 8. Corrections.
Sec. 9. Adjustments to compensation.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
Title I--Agricultural Programs
Title II--Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agencies and Food and Drug Administration
Title VII--General Provisions
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations/Global War on Terrorism
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2016
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2016
Title I--Departmental Management and Operations
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2016
Title I--Legislative Branch
Title II--General Provisions
DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--General Provisions
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2016
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Overseas Contingency Operations/Global War on Terrorism
Title IX--Other Matters
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016
DIVISION N--CYBERSECURITY ACT OF 2015
DIVISION O--OTHER MATTERS
DIVISION P--TAX-RELATED PROVISIONS
DIVISION Q--PROTECTING AMERICANS FROM TAX HIKES ACT OF 2015
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the House
of Representatives section of the Congressional Record on or about
December 17, 2015 by the Chairman of the Committee on Appropriations of
the House, shall have the same effect with respect to the allocation of
funds and implementation of divisions A through L of this Act as if it
were a joint explanatory statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2016.
SEC. 6. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available (or rescinded, if applicable) only if
the President subsequently so designates all such amounts and transmits
such designations to the Congress.
SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIFFERENCES.
If, for fiscal year 2016, new budget authority provided in
appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences
with the Congressional Budget Office, an adjustment to the
discretionary spending limit in such category for fiscal year 2016
shall be made by the Director of the Office of Management and Budget in
the amount of the excess but the total of all such adjustments shall
not exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
SEC. 8. CORRECTIONS.
The Continuing Appropriations Act, 2016 (Public Law 114-53) is
amended--
(1) by changing the long title so as to read: ``Making
continuing appropriations for the fiscal year ending September 30,
2016, and for other purposes.'';
(2) by inserting after the enacting clause (before section 1)
the following: ``DIVISION A--TSA OFFICE OF INSPECTION
ACCOUNTABILITY ACT OF 2015'';
(3) by inserting after section 8 (before the statement of
appropriations) the following: ``DIVISION B--CONTINUING
APPROPRIATIONS RESOLUTION, 2016''; and
(4) by inserting after section 150 (before the short title) the
following new section: ``Sec. 151. Except as expressly provided
otherwise, any reference in this division to `this Act' shall be
treated as referring only to the provisions of this division.''.
SEC. 9. ADJUSTMENTS TO COMPENSATION.
Notwithstanding any other provision of law, no adjustment shall be
made under section 601(a) of the Legislative Reorganization Act of 1946
(2 U.S.C. 4501) (relating to cost of living adjustments for Members of
Congress) during fiscal year 2016.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary, $45,555,000,
of which not to exceed $5,051,000 shall be available for the immediate
Office of the Secretary, of which not to exceed $250,000 shall be
available for the Military Veterans Agricultural Liaison; not to exceed
$502,000 shall be available for the Office of Tribal Relations; not to
exceed $1,496,000 shall be available for the Office of Homeland
Security and Emergency Coordination; not to exceed $1,209,000 shall be
available for the Office of Advocacy and Outreach; not to exceed
$25,928,000 shall be available for the Office of the Assistant
Secretary for Administration, of which $25,124,000 shall be available
for Departmental Administration to provide for necessary expenses for
management support services to offices of the Department and for
general administration, security, repairs and alterations, and other
miscellaneous supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the Department; not
to exceed $3,869,000 shall be available for the Office of Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch; and not to exceed $7,500,000 shall
be available for the Office of Communications: Provided, That the
Secretary of Agriculture is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other office of
the Office of the Secretary: Provided further, That no appropriation
for any office shall be increased or decreased by more than 5 percent:
Provided further, That not to exceed $11,000 of the amount made
available under this paragraph for the immediate Office of the
Secretary shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary:
Provided further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the holding
of hearings as required by 5 U.S.C. 551-558: Provided further, That
funds made available under this heading for the Office of the Assistant
Secretary for Congressional Relations may be transferred to agencies of
the Department of Agriculture funded by this Act to maintain personnel
at the agency level: Provided further, That no funds made available
under this heading for the Office of Assistant Secretary for
Congressional Relations may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the Committees
on Appropriations of both Houses of Congress on the allocation of these
funds by USDA agency: Provided further, That within 180 days of the
date of enactment of this Act, the Secretary shall submit to Congress
the report required in section 7 U.S.C. 6935(b)(3).
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief Economist,
$17,777,000, of which $4,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155, and of which
$1,000,000, to remain available until September 30, 2017, shall be for
the purpose set forth under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of the
consolidated Act).
national appeals division
For necessary expenses of the National Appeals Division,
$13,317,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,392,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $44,538,000, of which not less than $28,000,000 is for
cybersecurity requirements of the Department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant Secretary for
Civil Rights, $898,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $24,070,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to Public
Law 92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 121, for programs and activities of the
Department which are included in this Act, and for alterations and
other actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and
for related costs, $64,189,000, to remain available until expended, for
buildings operations and maintenance expenses: Provided, That the
Secretary may use unobligated prior year balances of an agency or
office that are no longer available for new obligation to cover
shortfalls incurred in prior or current year rental payments for such
agency or office.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.), $3,618,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials Management
may be transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$95,738,000, including such sums as may be necessary for contracting
and other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and
including not to exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-452 and
section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$44,383,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $3,654,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary for
Research, Education, and Economics, $893,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$85,373,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service, $168,443,000, of which up to $42,177,000 shall be available
until expended for the Census of Agriculture: Provided, That amounts
made available for the Census of Agriculture may be used to conduct
Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service and for
acquisition of lands by donation, exchange, or purchase at a nominal
cost not to exceed $100, and for land exchanges where the lands
exchanged shall be of equal value or shall be equalized by a payment of
money to the grantor which shall not exceed 25 percent of the total
value of the land or interests transferred out of Federal ownership,
$1,143,825,000: Provided, That appropriations hereunder shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed one for replacement only: Provided further,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of constructing
any one building shall not exceed $375,000, except for headhouses or
greenhouses which shall each be limited to $1,200,000, and except for
10 buildings to be constructed or improved at a cost not to exceed
$750,000 each, and the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building or $375,000, whichever is greater: Provided
further, That the limitations on alterations contained in this Act
shall not apply to modernization or replacement of existing facilities
at Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the Beltsville
Agricultural Research Center: Provided further, That the foregoing
limitations shall not apply to replacement of buildings needed to carry
out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting easements at
any Agricultural Research Service location for the construction of a
research facility by a non-Federal entity for use by, and acceptable
to, the Agricultural Research Service and a condition of the easements
shall be that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if the
Secretary finds that acceptance of the facility is in the interest of
the United States: Provided further, That funds may be received from
any State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized by
law: Provided further, That of the appropriations hereunder,
$57,192,000 may not be obligated until 30 days after the Secretary of
Agriculture certifies in writing to the Committees on Appropriations of
both Houses of Congress that the Agricultural Research Service has
updated its animal care policies and that all Agricultural Research
Service research facilities at which animal research is conducted have
a fully functioning Institutional Animal Care and Use Committee,
including all appropriate and necessary record keeping: Provided
further, That such certification shall set forth in detail the factual
basis for the certification and the Department's plan for ensuring
these changes are maintained in the future: Provided further, That
such certification shall be subject to prior consultation with the
Committees on Appropriations of both Houses of Congress.
buildings and facilities
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $212,101,000
to remain available until expended.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$819,685,000, which shall be for the purposes, and in the amounts,
specified in the table titled ``National Institute of Food and
Agriculture, Research and Education Activities'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided, That funds for research grants for
1994 institutions, education grants for 1890 institutions, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution challenge
grants, and grants management systems shall remain available until
expended: Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than $1,000,000:
Provided further, That funds for education grants for Alaska Native and
Native Hawaiian-serving institutions be made available to individual
eligible institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii: Provided
further, That funds for education grants for 1890 institutions shall be
made available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent of the
amounts made available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) may be
retained by the Secretary of Agriculture to pay administrative costs
incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund authorized by
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
available until expended.
extension activities
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $475,891,000, which shall be for the purposes, and in
the amounts, specified in the table titled ``National Institute of Food
and Agriculture, Extension Activities'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for facility improvements at
1890 institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7 U.S.C.
3221 for cooperative extension receive no less than $1,000,000:
Provided further, That funds for cooperative extension under sections
3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and
section 208(c) of Public Law 93-471 shall be available for retirement
and employees' compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $30,900,000,
which shall be for the purposes, and in the amounts, specified in the
table titled ``National Institute of Food and Agriculture, Integrated
Activities'' in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act): Provided,
That funds for the Food and Agriculture Defense Initiative shall remain
available until September 30, 2017: Provided further, That
notwithstanding any other provision of law, indirect costs shall not be
charged against any Extension Implementation Program Area grant awarded
under the Crop Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary for
Marketing and Regulatory Programs, $893,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health Inspection
Service, including up to $30,000 for representation allowances and for
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085),
$894,415,000, of which $470,000, to remain available until expended,
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet emergency
conditions; of which $11,520,000, to remain available until expended,
shall be used for the cotton pests program for cost share purposes or
for debt retirement for active eradication zones; of which $35,339,000,
to remain available until expended, shall be for Animal Health
Technical Services; of which $697,000 shall be for activities under the
authority of the Horse Protection Act of 1970, as amended (15 U.S.C.
1831); of which $55,340,000, to remain available until expended, shall
be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology
infrastructure; of which $158,000,000, to remain available until
expended, shall be for specialty crop pests; of which, $8,826,000, to
remain available until expended, shall be for field crop and rangeland
ecosystem pests; of which $54,000,000, to remain available until
expended, shall be for tree and wood pests; of which $3,973,000, to
remain available until expended, shall be for the National Veterinary
Stockpile; of which up to $1,500,000, to remain available until
expended, shall be for the scrapie program for indemnities; of which
$2,500,000, to remain available until expended, shall be for the
wildlife damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services methods
development, $1,000,000 shall remain available until expended:
Provided further, That of amounts available under this heading for the
screwworm program, $4,990,000 shall remain available until expended:
Provided further, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current fiscal
year that does not require minimum matching by the States of at least
40 percent: Provided further, That this appropriation shall be
available for the operation and maintenance of aircraft and the
purchase of not to exceed five, of which two shall be for replacement
only: Provided further, That in addition, in emergencies which
threaten any segment of the agricultural production industry of this
country, the Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department such sums
as may be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in accordance
with sections 10411 and 10417 of the Animal Health Protection Act (7
U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection
Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds
transferred for such emergency purposes in the preceding fiscal year
shall be merged with such transferred amounts: Provided further, That
appropriations hereunder shall be available pursuant to law (7 U.S.C.
2250) for the repair and alteration of leased buildings and
improvements, but unless otherwise provided the cost of altering any
one building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 2016, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be reimbursed to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to
remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing Service,
$81,223,000: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
limitation on administrative expenses
Not to exceed $60,982,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses of
Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $20,489,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act
of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,235,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $43,057,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur, this
limitation may be exceeded by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $816,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $1,014,871,000; and in
addition, $1,000,000 may be credited to this account from fees
collected for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade Act of
1990 (7 U.S.C. 138f): Provided, That funds provided for the Public
Health Data Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148 full-time
equivalent positions shall be employed during fiscal year 2016 for
purposes dedicated solely to inspections and enforcement related to the
Humane Methods of Slaughter Act: Provided further, That the Food
Safety and Inspection Service shall continue implementation of section
11016 of Public Law 110-246 as further clarified by the amendments made
in section 12106 of Public Law 113-79: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the cost
of altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary for
Farm and Foreign Agricultural Services, $898,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency, $1,200,180,000:
Provided, That not more than 50 percent of the $129,546,000 made
available under this heading for information technology related to farm
program delivery, including the Modernize and Innovate the Delivery of
Agricultural Systems and other farm program delivery systems, may be
obligated until the Secretary submits to the Committees on
Appropriations of both Houses of Congress a plan for expenditure that
(1) identifies for each project/investment over $25,000 (a) the
functional and performance capabilities to be delivered and the mission
benefits to be realized, (b) the estimated lifecycle cost, including
estimates for development as well as maintenance and operations, and
(c) key milestones to be met; (2) demonstrates that each project/
investment is, (a) consistent with the Farm Service Agency Information
Technology Roadmap, (b) being managed in accordance with applicable
lifecycle management policies and guidance, and (c) subject to the
applicable Department's capital planning and investment control
requirements; and (3) has been reviewed by the Government
Accountability Office and approved by the Committees on Appropriations
of both Houses of Congress: Provided further, That the agency shall
submit a report by the end of the fourth quarter of fiscal year 2016 to
the Committees on Appropriations and the Government Accountability
Office, that identifies for each project/investment that is operational
(a) current performance against key indicators of customer
satisfaction, (b) current performance of service level agreements or
other technical metrics, (c) current performance against a pre-
established cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and (e) an
assessment of whether the investment continues to meet business needs
as intended as well as alternatives to the investment: Provided
further, That the Secretary is authorized to use the services,
facilities, and authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs administered by
the Agency: Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and merged with
this account: Provided further, That funds made available to county
committees shall remain available until expended: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to close Farm Service Agency county offices: Provided further,
That none of the funds available to the Farm Service Agency shall be
used to permanently relocate county based employees that would result
in an office with two or fewer employees without prior notification and
approval of the Committees on Appropriations of both Houses of
Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101-5106), $3,404,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain available until
expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, such sums as may be necessary, to remain available
until expended: Provided, That such program is carried out by the
Secretary in the same manner as the dairy indemnity program described
in the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114
Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.),
Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans
(7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.),
and Indian highly fractionated land loans (25 U.S.C. 488) to be
available from funds in the Agricultural Credit Insurance Fund, as
follows: $2,000,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans; $1,393,443,000 for
unsubsidized guaranteed operating loans and $1,252,004,000 for direct
operating loans; emergency loans, $34,667,000; Indian tribe land
acquisition loans, $2,000,000; guaranteed conservation loans,
$150,000,000; Indian highly fractionated land loans, $10,000,000; and
for boll weevil eradication program loans, $60,000,000: Provided, That
the Secretary shall deem the pink bollworm to be a boll weevil for the
purpose of boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm operating loans,
$53,961,000 for direct operating loans, $14,352,000 for unsubsidized
guaranteed operating loans, and emergency loans, $1,262,000, to remain
available until expended.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $314,918,000, of which
$306,998,000 shall be transferred to and merged with the appropriation
for ``Farm Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership, operating and conservation direct
loans and guaranteed loans may be transferred among these programs:
Provided, That the Committees on Appropriations of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency, $74,829,000:
Provided, That not to exceed $1,000 shall be available for official
reception and representation expenses, as authorized by 7 U.S.C.
1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law,
and to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the
funds available to the Commodity Credit Corporation under section 11 of
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
conduct of its business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign Agricultural
Service for information resource management activities of the Foreign
Agricultural Service that are not related to Commodity Credit
Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary for
Natural Resources and Environment, $898,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of the Act
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
conservation plans and establishment of measures to conserve soil and
water (including farm irrigation and land drainage and such special
measures for soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control agricultural
related pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$850,856,000, to remain available until September 30, 2017: Provided,
That appropriations hereunder shall be available pursuant to 7 U.S.C.
2250 for construction and improvement of buildings and public
improvements at plant materials centers, except that the cost of
alterations and improvements to other buildings and other public
improvements shall not exceed $250,000: Provided further, That when
buildings or other structures are erected on non-Federal land, that the
right to use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That of the amounts made available under this
heading, $5,600,000, shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for authorized
ongoing watershed projects with a primary purpose of providing water to
rural communities: Provided further, That of the amounts made
available under this heading, $5,000,000 shall remain available until
expended for the authorities under section 13 of the Flood Control Act
of December 22, 1944 (Public Law 78-534) for authorized ongoing
projects with a primary purpose of watershed protection by stabilizing
stream channels, tributaries, and banks to reduce erosion and sediment
transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed Protection and
Flood Prevention Act, $12,000,000 is provided.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $893,000.
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$225,835,000: Provided, That no less than $19,500,000 shall be for the
Comprehensive Loan Accounting System: Provided further, That
notwithstanding any other provision of law, funds appropriated under
this heading may be used for advertising and promotional activities
that support the Rural Development mission area: Provided further,
That any balances available from prior years for the Rural Utilities
Service, Rural Housing Service, and the Rural Business-Cooperative
Service salaries and expenses accounts shall be transferred to and
merged with this appropriation.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $900,000,000 shall be for direct loans and $24,000,000,000
shall be for unsubsidized guaranteed loans; $26,278,000 for section 504
housing repair loans; $28,398,000 for section 515 rental housing;
$150,000,000 for section 538 guaranteed multi-family housing loans;
$10,000,000 for credit sales of single family housing acquired
property; $5,000,000 for section 523 self-help housing land development
loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $60,750,000 shall be for
direct loans; section 504 housing repair loans, $3,424,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
$8,414,000: Provided, That to support the loan program level for
section 538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected cost of
such loan guarantees pursuant to the provisions of the Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may
not be subsidized: Provided further, That applicants in communities
that have a current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural
area for purposes of section 502 guaranteed loans provided under this
heading: Provided further, That of the amounts available under this
paragraph for section 502 direct loans, no less than $5,000,000 shall
be available for direct loans for individuals whose homes will be built
pursuant to a program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until June 1,
2016.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by 42 U.S.C. 1484 and 1486, $15,125,000, to remain
available until expended, for direct farm labor housing loans and
domestic farm labor housing grants and contracts: Provided, That any
balances available for the Farm Labor Program Account shall be
transferred to and merged with this account.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $417,854,000 shall be transferred
to and merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed pursuant
to the authority under section 521(a)(2) or agreements entered into in
lieu of debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of 1949,
$1,389,695,000; and in addition such sums as may be necessary, as
authorized by section 521(c) of the Act, to liquidate debt incurred
prior to fiscal year 1992 to carry out the rental assistance program
under section 521(a)(2) of the Act: Provided, That rental assistance
agreements entered into or renewed during the current fiscal year shall
be funded for a one-year period: Provided further, That any unexpended
balances remaining at the end of such one-year agreements may be
transferred and used for purposes of any debt reduction; maintenance,
repair, or rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the Act:
Provided further, That rental assistance provided under agreements
entered into prior to fiscal year 2016 for a farm labor multi-family
housing project financed under section 514 or 516 of the Act may not be
recaptured for use in another project until such assistance has
remained unused for a period of 12 consecutive months, if such project
has a waiting list of tenants seeking such assistance or the project
has rental assistance eligible tenants who are not receiving such
assistance: Provided further, That such recaptured rental assistance
shall, to the extent practicable, be applied to another farm labor
multi-family housing project financed under section 514 or 516 of the
Act: Provided further, That of the total amount provided, up to
$75,000,000 shall be available until September 30, 2017, for renewal of
rental assistance agreements within the 12-month contract period:
Provided further, That the Secretary shall provide to the Committees on
Appropriations of both Houses of Congress quarterly reports on the
number of renewals approved pursuant to the preceding proviso, on the
amount of rental assistance available, and the anticipated need for
rental assistance for the remainder of the fiscal year: Provided
further, That except as provided in the second proviso under this
heading and notwithstanding any other provision of the Act, the
Secretary may recapture rental assistance provided under agreements
entered into prior to fiscal year 2016 for a project that the Secretary
determines no longer needs rental assistance and use such recaptured
funds for current needs as well as unmet rental assistance needs from
fiscal year 2015.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, but notwithstanding subsection (b) of
such section, and for additional costs to conduct a demonstration
program for the preservation and revitalization of multi-family rental
housing properties described in this paragraph, $37,000,000, to remain
available until expended: Provided, That of the funds made available
under this heading, $15,000,000, shall be available for rural housing
vouchers to any low-income household (including those not receiving
rental assistance) residing in a property financed with a section 515
loan which has been prepaid after September 30, 2005: Provided
further, That the amount of such voucher shall be the difference
between comparable market rent for the section 515 unit and the tenant
paid rent for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to the
maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8 housing
vouchers administered by the Secretary of the Department of Housing and
Urban Development: Provided further, That if the Secretary determines
that the amount made available for vouchers in this or any other Act is
not needed for vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph: Provided
further, That of the funds made available under this heading,
$22,000,000 shall be available for a demonstration program for the
preservation and revitalization of the sections 514, 515, and 516
multi-family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems appropriate,
expressly for the purposes of ensuring the project has sufficient
resources to preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers including
reducing or eliminating interest; deferring loan payments,
subordinating, reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives (including the
ability of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as part
of the preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional funds for
vouchers described in this paragraph are needed, funds for the
preservation and revitalization demonstration program may be used for
such vouchers: Provided further, That if Congress enacts legislation
to permanently authorize a multi-family rental housing loan
restructuring program similar to the demonstration program described
herein, the Secretary may use funds made available for the
demonstration program under this heading to carry out such legislation
with the prior approval of the Committees on Appropriations of both
Houses of Congress: Provided further, That in addition to any other
available funds, the Secretary may expend not more than $1,000,000
total, from the program funds made available under this heading, for
administrative expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $27,500,000, to remain available
until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized by 42
U.S.C. 1474, and 1490m, $32,239,000, to remain available until
expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$2,200,000,000 for direct loans and $148,305,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act of
1974, $3,500,000, to remain available until expended.
For the cost of grants for rural community facilities programs as
authorized by section 306 and described in section 381E(d)(1) of the
Consolidated Farm and Rural Development Act, $38,778,000, to remain
available until expended: Provided, That $4,000,000 of the amount
appropriated under this heading shall be available for a Rural
Community Development Initiative: Provided further, That such funds
shall be used solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally Recognized
Native American Tribes to undertake projects to improve housing,
community facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made available
to qualified private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall provide
matching funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided: Provided
further, That $5,778,000 of the amount appropriated under this heading
shall be to provide grants for facilities in rural communities with
extreme unemployment and severe economic depression (Public Law 106-
387), with up to 5 percent for administration and capacity building in
the State rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be available for
community facilities grants to tribal colleges, as authorized by
section 306(a)(19) of such Act: Provided further, That sections 381E-H
and 381N of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading: Provided
further, That for the purposes of determining eligibility or level of
program assistance the Secretary shall not include incarcerated prison
populations.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural business
development programs authorized by section 310B and described in
subsections (a), (c), (f) and (g) of section 310B of the Consolidated
Farm and Rural Development Act, $62,687,000, to remain available until
expended: Provided, That of the amount appropriated under this
heading, not to exceed $500,000 shall be made available for one grant
to a qualified national organization to provide technical assistance
for rural transportation in order to promote economic development and
$3,000,000 shall be for grants to the Delta Regional Authority (7
U.S.C. 2009aa et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated Farm and
Rural Development Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of the
amount appropriated under this heading shall be for business grants to
benefit Federally Recognized Native American Tribes, including $250,000
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That for purposes of determining
eligibility or level of program assistance the Secretary shall not
include incarcerated prison populations: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act are not applicable to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
$18,889,000.
For the cost of direct loans, $5,217,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which
$531,000 shall be available through June 30, 2016, for Federally
Recognized Native American Tribes; and of which $1,021,000 shall be
available through June 30, 2016, for Mississippi Delta Region counties
(as determined in accordance with Public Law 100-460): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification Act
of 1936, $179,000,000 shall not be obligated and $179,000,000 are
rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $22,050,000, of which $2,500,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives, or groups
of cooperatives that serve socially disadvantaged groups and a majority
of the boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged groups; and of
which $10,750,000, to remain available until expended, shall be for
value-added agricultural product market development grants, as
authorized by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a).
rural energy for america program
For the cost of a program of loan guarantees, under the same terms
and conditions as authorized by section 9007 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8107), $500,000: Provided, That
the cost of loan guarantees, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants for the
rural water, waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the
Consolidated Farm and Rural Development Act, $522,365,000, to remain
available until expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That not to exceed $10,000,000 of the amount
appropriated under this heading shall be for grants authorized by
section 306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of such Act:
Provided further, That $64,000,000 of the amount appropriated under
this heading shall be for loans and grants including water and waste
disposal systems grants authorized by section 306C(a)(2)(B) and section
306D of the Consolidated Farm and Rural Development Act, and Federally
Recognized Native American Tribes authorized by 306C(a)(1): Provided
further, That funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be provided to a consortium formed
pursuant to section 325 of Public Law 105-83: Provided further, That
not more than 2 percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by the State of
Alaska for training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the Consolidated
Farm and Rural Development Act may be used by a consortium formed
pursuant to section 325 of Public Law 105-83 for training and technical
assistance programs: Provided further, That not to exceed $20,000,000
of the amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to section
306(a)(14) of such Act, unless the Secretary makes a determination of
extreme need, of which $6,500,000 shall be made available for a grant
to a qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities on
water and waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of 3,300 or less,
in improving the planning, financing, development, operation, and
management of water and waste water systems, and of which not less than
$800,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $16,397,000 of the
amount appropriated under this heading shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That
not to exceed $4,000,000 shall be for solid waste management grants:
Provided further, That $10,000,000 of the amount appropriated under
this heading shall be transferred to, and merged with, the Rural
Utilities Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances for high-
energy cost grants authorized by section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and
merged with the Rural Utilities Service, High Energy Cost Grants
Account: Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable to the
funds made available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as authorized
by sections 305 and 306 of the Rural Electrification Act of 1936 (7
U.S.C. 935 and 936) shall be made as follows: loans made pursuant to
section 306 of that Act, rural electric, $5,500,000,000; guaranteed
underwriting loans pursuant to section 313A, $750,000,000; 5 percent
rural telecommunications loans, cost of money rural telecommunications
loans, and for loans made pursuant to section 306 of that Act, rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition, or
improvement of fossil-fueled electric generating plants (whether new or
existing) that utilize carbon sequestration systems.
For the cost of direct loans as authorized by section 305 of the
Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, cost of money rural telecommunications loans, $104,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $34,707,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication loans,
$20,576,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $22,000,000, to remain
available until expended: Provided, That $3,000,000 shall be made
available for grants authorized by 379G of the Consolidated Farm and
Rural Development Act: Provided further, That funding provided under
this heading for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet all of the
eligibility criteria for a consortium as established by this section.
For the cost of broadband loans, as authorized by section 601 of
the Rural Electrification Act, $4,500,000, to remain available until
expended: Provided, That the cost of direct loans shall be as defined
in section 502 of the Congressional Budget Act of 1974.
In addition, $10,372,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary for
Food, Nutrition, and Consumer Services, $811,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
17 and 21; $22,149,746,000 to remain available through September 30,
2017, of which such sums as are made available under section
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public
Law 110-246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided herein:
Provided, That of the total amount available, $17,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.): Provided further, That of the total amount
available, $25,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies and
schools to purchase the equipment needed to serve healthier meals,
improve food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program: Provided
further, That of the total amount available, $16,000,000 shall remain
available until expended to carry out section 749(g) of the Agriculture
Appropriations Act of 2010 (Public Law 111-80): Provided further, That
section 26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking ``2010
through 2015'' and inserting ``2010 through 2016''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,350,000,000, to remain available
through September 30, 2017: Provided, That notwithstanding section
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
not less than $60,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $13,600,000 shall be used
for infrastructure: Provided further, That none of the funds provided
in this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive bidding
requirements specified in section 17 of such Act: Provided further,
That none of the funds provided shall be available for activities that
are not fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act: Provided
further, That upon termination of a federally mandated vendor
moratorium and subject to terms and conditions established by the
Secretary, the Secretary may waive the requirement at 7 CFR
246.12(g)(6) at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), $80,849,383,000, of which $3,000,000,000,
to remain available through December 31, 2017, shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That funds
available for the contingency reserve under the heading ``Supplemental
Nutrition Assistance Program'' of division A of Public Law 113-235
shall be available until December 31, 2016: Provided further, That
funds provided herein shall be expended in accordance with section 16
of the Food and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used to
provide nutrition education services to State agencies and Federally
Recognized Tribes participating in the Food Distribution Program on
Indian Reservations: Provided further, That this appropriation shall
be subject to any work registration or workfare requirements as may be
required by law: Provided further, That funds made available for
Employment and Training under this heading shall remain available
through September 30, 2017: Provided further, That funds made
available under this heading for section 28(d)(1) and section 27(a) of
the Food and Nutrition Act of 2008 shall remain available through
September 30, 2017: Provided further, That funds made available under
this heading may be used to enter into contracts and employ staff to
conduct studies, evaluations, or to conduct activities related to
program integrity provided that such activities are authorized by the
Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and the
Commodity Supplemental Food Program as authorized by section 4(a) of
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
note); the Emergency Food Assistance Act of 1983; special assistance
for the nuclear affected islands, as authorized by section 103(f)(2) of
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966, $296,217,000, to
remain available through September 30, 2017: Provided, That none of
these funds shall be available to reimburse the Commodity Credit
Corporation for commodities donated to the program: Provided further,
That notwithstanding any other provision of law, effective with funds
made available in fiscal year 2016 to support the Seniors Farmers'
Market Nutrition Program, as authorized by section 4402 of the Farm
Security and Rural Investment Act of 2002, such funds shall remain
available through September 30, 2017: Provided further, That of the
funds made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and Nutrition
Service for carrying out any domestic nutrition assistance program,
$150,824,000: Provided, That of the funds provided herein, $2,000,000
shall be used for the purposes of section 4404 of Public Law 107-171,
as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3, 1956 (7
U.S.C. 1766), $191,566,000: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for expenditures
made on behalf of Federal agencies, public and private organizations
and institutions under agreements executed pursuant to the agricultural
food production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for middle-
income country training programs, funds made available for the Borlaug
International Agricultural Science and Technology Fellowship program,
and up to $2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in international
currency exchange rates, subject to documentation by the Foreign
Agricultural Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program of
title I, Food for Peace Act (Public Law 83-480) and the Food for
Progress Act of 1985, $2,528,000, shall be transferred to and merged
with the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Food for Peace Act (Public Law 83-480), for
commodities supplied in connection with dispositions abroad under title
II of said Act, $1,466,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $201,626,000, to remain available until expended: Provided, That
the Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein:
Provided further, That of the amount made available under this heading,
$5,000,000, shall remain available until expended for necessary
expenses to carry out the provisions of section 3207 of the
Agricultural Act of 2014 (7 U.S.C. 1726c).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity Credit
Corporation's Export Guarantee Program, GSM 102 and GSM 103,
$6,748,000; to cover common overhead expenses as permitted by section
11 of the Commodity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which $6,394,000 shall
be transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $354,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding section 521 of
Public Law 107-188; $4,681,392,000: Provided, That of the amount
provided under this heading, $851,481,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, and shall be
credited to this account and remain available until expended;
$137,677,000 shall be derived from medical device user fees authorized
by 21 U.S.C. 379j, and shall be credited to this account and remain
available until expended; $318,363,000 shall be derived from human
generic drug user fees authorized by 21 U.S.C. 379j-42, and shall be
credited to this account and remain available until expended;
$21,540,000 shall be derived from biosimilar biological product user
fees authorized by 21 U.S.C. 379j-52, and shall be credited to this
account and remain available until expended; $22,818,000 shall be
derived from animal drug user fees authorized by 21 U.S.C. 379j-12, and
shall be credited to this account and remain available until expended;
$9,705,000 shall be derived from animal generic drug user fees
authorized by 21 U.S.C. 379j-21, and shall be credited to this account
and remain available until expended; $599,000,000 shall be derived from
tobacco product user fees authorized by 21 U.S.C. 387s, and shall be
credited to this account and remain available until expended: Provided
further, That in addition to and notwithstanding any other provision
under this heading, amounts collected for prescription drug user fees,
medical device user fees, human generic drug user fees, biosimilar
biological product user fees, animal drug user fees, and animal generic
drug user fees that exceed the respective fiscal year 2016 limitations
are appropriated and shall be credited to this account and remain
available until expended: Provided further, That fees derived from
prescription drug, medical device, human generic drug, biosimilar
biological product, animal drug, and animal generic drug assessments
for fiscal year 2016, including any such fees collected prior to fiscal
year 2016 but credited for fiscal year 2016, shall be subject to the
fiscal year 2016 limitations: Provided further, That the Secretary may
accept payment during fiscal year 2016 of user fees specified under
this heading and authorized for fiscal year 2017, prior to the due date
for such fees, and that amounts of such fees assessed for fiscal year
2017 for which the Secretary accepts payment in fiscal year 2016 shall
not be included in amounts under this heading: Provided further, That
none of these funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided further,
That of the total amount appropriated: (1) $987,328,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2) $1,394,136,000
shall be for the Center for Drug Evaluation and Research and related
field activities in the Office of Regulatory Affairs; (3) $354,901,000
shall be for the Center for Biologics Evaluation and Research and for
related field activities in the Office of Regulatory Affairs; (4)
$187,825,000 shall be for the Center for Veterinary Medicine and for
related field activities in the Office of Regulatory Affairs; (5)
$430,443,000 shall be for the Center for Devices and Radiological
Health and for related field activities in the Office of Regulatory
Affairs; (6) $63,331,000 shall be for the National Center for
Toxicological Research; (7) $564,117,000 shall be for the Center for
Tobacco Products and for related field activities in the Office of
Regulatory Affairs; (8) not to exceed $171,418,000 shall be for Rent
and Related activities, of which $52,346,000 is for White Oak
Consolidation, other than the amounts paid to the General Services
Administration for rent; (9) not to exceed $238,274,000 shall be for
payments to the General Services Administration for rent; and (10)
$289,619,000 shall be for other activities, including the Office of the
Commissioner of Food and Drugs, the Office of Foods and Veterinary
Medicine, the Office of Medical and Tobacco Products, the Office of
Global and Regulatory Policy, the Office of Operations, the Office of
the Chief Scientist, and central services for these offices: Provided
further, That not to exceed $25,000 of this amount shall be for
official reception and representation expenses, not otherwise provided
for, as determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made
available under this heading for other activities: Provided further,
That of the amounts that are made available under this heading for
``other activities'', and that are not derived from user fees,
$1,500,000 shall be transferred to and merged with the appropriation
for ``Department of Health and Human Services--Office of Inspector
General'' for oversight of the programs and operations of the Food and
Drug Administration and shall be in addition to funds otherwise made
available for oversight of the Food and Drug Administration: Provided
further, That funds may be transferred from one specified activity to
another with the prior approval of the Committees on Appropriations of
both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b,
export certification user fees authorized by 21 U.S.C. 381, priority
review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed
recall fees, food reinspection fees, and voluntary qualified importer
program fees authorized by 21 U.S.C. 379j-31, outsourcing facility fees
authorized by 21 U.S.C. 379j-62, prescription drug wholesale
distributor licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), and third-party logistics provider licensing and inspection
fees authorized by 21 U.S.C. 360eee-3(c)(1), and third-party auditor
fees authorized by 21 U.S.C. 384d(c)(8), shall be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or used by
the Food and Drug Administration, where not otherwise provided,
$8,788,000, to remain available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $250,000,000,
including not to exceed $3,000 for official reception and
representation expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with foreign
governmental and other regulatory officials, of which not less than
$50,000,000, to remain available until September 30, 2017, shall be for
the purchase of information technology and of which not less than
$2,620,000 shall be for expenses of the Office of the Inspector
General: Provided, That notwithstanding the limitations in 31 U.S.C.
1553, amounts provided under this heading are available for the
liquidation of obligations equal to current year payments on leases
entered into prior to the date of enactment of this Act: Provided
further, That for the purpose of recording any obligations that should
have been recorded against accounts closed pursuant to 31 U.S.C. 1552,
these accounts may be reopened solely for the purpose of correcting any
violations of 31 U.S.C. 1501(a)(1), and balances canceled pursuant to
31 U.S.C. 1552(a) in any accounts reopened pursuant to this authority
shall remain unavailable to liquidate any outstanding obligations.
Farm Credit Administration
limitation on administrative expenses
Not to exceed $65,600,000 (from assessments collected from farm
credit institutions, including the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships: Provided further, That the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically provided
for, of not to exceed 71 passenger motor vehicles of which 68 shall be
for replacement only, and for the hire of such vehicles: Provided,
That notwithstanding this section, the only purchase of new passenger
vehicles shall be for those determined by the Secretary to be necessary
for transportation safety, to reduce operational costs, and for the
protection of life, property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act, the
Secretary of Agriculture may transfer unobligated balances of
discretionary funds appropriated by this Act or any other available
unobligated discretionary balances that are remaining available of the
Department of Agriculture to the Working Capital Fund for the
acquisition of plant and capital equipment necessary for the delivery
of financial, administrative, and information technology services of
primary benefit to the agencies of the Department of Agriculture, such
transferred funds to remain available until expended: Provided, That
none of the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without written notification to and the
prior approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That none of the funds appropriated by
this Act or made available to the Department's Working Capital Fund
shall be available for obligation or expenditure to make any changes to
the Department's National Finance Center without written notification
to and prior approval of the Committees on Appropriations of both
Houses of Congress as required by section 717 of this Act: Provided
further, That of annual income amounts in the Working Capital Fund of
the Department of Agriculture allocated for the National Finance
Center, the Secretary may reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including equipment
for the improvement and implementation of a financial management plan,
information technology, and other systems of the National Finance
Center or to pay any unforeseen, extraordinary cost of the National
Finance Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary submits written
notification of the obligation to the Committees on Appropriations of
both Houses of Congress: Provided further, That the limitation on the
obligation of funds pending notification to Congressional Committees
shall not apply to any obligation that, as determined by the Secretary,
is necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance Center; or
to evacuate employees of the National Finance Center to a safe haven to
continue operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is
to carry out programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following accounts:
the Rural Development Loan Fund program account, the Rural
Electrification and Telecommunication Loans program account, and the
Rural Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of the
Chief Information Officer without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That, notwithstanding section 11319 of
title 40, United States Code, none of the funds available to the
Department of Agriculture for information technology shall be obligated
for projects, contracts, or other agreements over $25,000 prior to
receipt of written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an agency to
obligate funds without written approval from the Chief Information
Officer for projects, contracts, or other agreements up to $250,000
based upon the performance of an agency measured against the
performance plan requirements described in the explanatory statement
accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the Federal
Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall
remain available until expended to disburse obligations made in the
current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any former
RUS borrower that has repaid or prepaid an insured, direct or
guaranteed loan under the Rural Electrification Act of 1936, or any
not-for-profit utility that is eligible to receive an insured or direct
loan under such Act, shall be eligible for assistance under section
313(b)(2)(B) of such Act in the same manner as a borrower under such
Act.
Sec. 709. Except as otherwise specifically provided by law, not
more than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Farm Service
Agency shall remain available through September 30, 2017, for
information technology expenses: Provided, That except as otherwise
specifically provided by law, unobligated balances from appropriations
made available for salaries and expenses in this Act for the Rural
Development mission area shall remain available through September 30,
2017, for information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 711. In the case of each program established or amended by
the Agricultural Act of 2014 (Public Law 113-79), other than by title I
or subtitle A of title III of such Act, or programs for which
indefinite amounts were provided in that Act, that is authorized or
required to be carried out using funds of the Commodity Credit
Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associated
with the implementation of the program, without regard to the
limitation on the total amount of allotments and fund transfers
contained in section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and fund
transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not more than
$2,000,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task
forces of the Department of Agriculture, except for panels used to
comply with negotiated rule makings and panels used to evaluate
competitively awarded grants.
Sec. 713. None of the funds in this Act shall be available to pay
indirect costs charged against any agricultural research, education, or
extension grant awards issued by the National Institute of Food and
Agriculture that exceed 30 percent of total Federal funds provided
under each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded
competitively by the National Institute of Food and Agriculture shall
be available to pay full allowable indirect costs for each grant
awarded under section 9 of the Small Business Act (15 U.S.C. 638).
Sec. 714. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the following:
(1) The Watershed Rehabilitation program authorized by section
14(h)(1) of the Watershed and Flood Protection Act (16 U.S.C.
1012(h)(1));
(2) The Environmental Quality Incentives Program as authorized
by sections 1240-1240H of the Food Security Act of 1985 (16 U.S.C.
3839aa-3839aa-8) in excess of $1,329,000,000: Provided, That this
limitation shall apply only to funds provided by section
1241(a)(5)(C) of the Food Security Act of 1985 (16 U.S.C.
3841(a)(5)(C));
(3) The Biomass Crop Assistance Program authorized by section
9011 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8111) in excess of $3,000,000 in new obligational authority;
and
(4) The Biorefinery, Renewable Chemical and Biobased Product
Manufacturing Assistance program as authorized by section 9003 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103)
in excess of $27,000,000 of the funding appropriated by subsection
(g)(1)(A)(ii) of that section for fiscal year 2016.
Sec. 715. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out a program under subsection
(b)(2)(A)(viii) of section 14222 of Public Law 110-246 in excess of
$884,980,000, as follows: Child Nutrition Programs Entitlement
Commodities--$465,000,000; State Option Contracts--$5,000,000; Removal
of Defective Commodities--$2,500,000: Provided, That none of the funds
made available in this Act or any other Act shall be used for salaries
and expenses to carry out in this fiscal year section 19(i)(1)(E) of
the Richard B. Russell National School Lunch Act, as amended, except in
an amount that excludes the transfer of $125,000,000 of the funds to be
transferred under subsection (c) of section 14222 of Public Law 110-
246, until October 1, 2016: Provided further, That $125,000,000 made
available on October 1, 2016, to carry out section 19(i)(1)(E) of the
Richard B. Russell National School Lunch Act, as amended, shall be
excluded from the limitation described in subsection (b)(2)(A)(ix) of
section 14222 of Public Law 110-246: Provided further, That none of
the funds appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries or expenses of any employee of
the Department of Agriculture or officer of the Commodity Credit
Corporation to carry out clause 3 of section 32 of the Agricultural
Adjustment Act of 1935 (Public Law 74-320, 7 U.S.C. 612c, as amended),
or for any surplus removal activities or price support activities under
section 5 of the Commodity Credit Corporation Charter Act: Provided
further, That the available unobligated balances under (b)(2)(A)(viii)
of section 14222 of Public Law 110-246 in excess of the limitation set
forth in this section, except for the amounts to be transferred
pursuant to the first proviso, are hereby permanently rescinded.
Sec. 716. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
submission to the Congress for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees proposals
that have not been enacted into law prior to the submission of the
budget unless such budget submission identifies which additional
spending reductions should occur in the event the user fees proposals
are not enacted prior to the date of the convening of a committee of
conference for the fiscal year 2017 appropriations Act.
Sec. 717. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming,
transfer of funds, or reimbursements as authorized by the Economy Act,
or in the case of the Department of Agriculture, through use of the
authority provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106
(7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
(as the case may be) notifies in writing and receives approval from the
Committees on Appropriations of both Houses of Congress at least 30
days in advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects
through a reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10 percent,
whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading
Commission (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming or
transfer of such funds or the use of such authority.
(c) The Secretary of Agriculture, the Secretary of Health and Human
Services, or the Chairman of the Commodity Futures Trading Commission
shall notify in writing and receive approval from the Committees on
Appropriations of both Houses of Congress before implementing any
program or activity not carried out during the previous fiscal year
unless the program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in the current fiscal year, or
provided from any accounts in the Treasury derived by the collection of
fees available to the agencies funded by this Act, shall be available
for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves increasing
or decreasing funds in the current fiscal year for the individual
investment in excess of $500,000 or 10 percent of the total cost,
whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a center,
office, branch, or similar entity with five or more personnel; or
(3) carrying out activities or functions that were not
described in the budget request; unless the agencies funded by this
Act notify, in writing, the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of using the funds
for these purposes.
(e) As described in this section, no funds may be used for any
activities unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures Trading
Commission receives from the Committee on Appropriations of both Houses
of Congress written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 718. Notwithstanding section 310B(g)(5) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may
assess a one-time fee for any guaranteed business and industry loan in
an amount that does not exceed 3 percent of the guaranteed principal
portion of the loan.
Sec. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or the Farm
Credit Administration shall be used to transmit or otherwise make
available reports, questions, or responses to questions that are a
result of information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of Health and
Human Services, non-Commodity Futures Trading Commission, or non-Farm
Credit Administration employee.
Sec. 720. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency
to produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story
that the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 721. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act or any
other Act to any other agency or office of the Department for more than
60 days in a fiscal year unless the individual's employing agency or
office is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of assignment.
Sec. 722. None of the funds made available by this Act may be used
to pay the salaries and expenses of personnel who provide nonrecourse
marketing assistance loans for mohair under section 1201 of the
Agricultural Act of 2014 (Public Law 113-79).
Sec. 723. Not later than 30 days after the date of enactment of
this Act, the Secretary of Agriculture, the Commissioner of the Food
and Drug Administration, the Chairman of the Commodity Futures Trading
Commission, and the Chairman of the Farm Credit Administration shall
submit to the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for all the
funds made available under this Act including appropriated user fees,
as defined in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
Sec. 724. Funds made available under title II of the Food for
Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls, as
determined by the Administrator of the U.S. Agency for International
Development, are in place to ensure that emergency food aid is received
by the intended beneficiaries in areas affected by food shortages and
not diverted for unauthorized or inappropriate purposes.
Sec. 725. There is hereby appropriated $1,996,000 to carry out
section 1621 of Public Law 110-246.
Sec. 726. The Secretary shall establish an intermediary loan
packaging program based on the pilot program in effect for fiscal year
2013 for packaging and reviewing section 502 single family direct
loans. The Secretary shall enter into agreements with current
intermediary organizations and with additional qualified intermediary
organizations. The Secretary shall work with these organizations to
increase effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make available
from the national reserve section 502 loans an amount necessary to
support the work of such intermediaries and provide a priority for
review of such loans.
Sec. 727. For loans and loan guarantees that do not require budget
authority and the program level has been established in this Act, the
Secretary of Agriculture may increase the program level for such loans
and loan guarantees by not more than 25 percent: Provided, That prior
to the Secretary implementing such an increase, the Secretary notifies,
in writing, the Committees on Appropriations of both Houses of Congress
at least 15 days in advance.
Sec. 728. There is hereby appropriated for the ``Emergency
Watershed Protection Program'', $157,000,000, to remain available until
expended; for the ``Emergency Forestry Restoration Program'',
$6,000,000, to remain available until expended; and for the ``Emergency
Conservation Program'', $108,000,000, to remain available until
expended: Provided, That $37,000,000 made available for the
``Emergency Watershed Protection Program''; $2,000,000 made available
for the ``Emergency Forestry Restoration Program''; and $91,000,000
made available for the ``Emergency Conservation Program'' under this
section are for necessary expenses resulting from a major disaster
declared pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), and are designated
by the Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Sec. 729. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) shall be
available for obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred shall
be available for obligation only for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary benefit
to the agencies of the Department of Agriculture.
Sec. 730. None of the funds made available by this Act may be used
to procure processed poultry products imported into the United States
from the People's Republic of China for use in the school lunch program
under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.), the Child and Adult Food Care Program under section 17 of
such Act (42 U.S.C. 1766), the Summer Food Service Program for Children
under section 13 of such Act (42 U.S.C. 1761), or the school breakfast
program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
Sec. 731. In response to an eligible community where the drinking
water supplies are inadequate due to a natural disaster, as determined
by the Secretary, including drought or severe weather, the Secretary
may provide potable water through the Emergency Community Water
Assistance Grant Program for an additional period of time not to exceed
120 days beyond the established period provided under the Program in
order to protect public health.
Sec. 732. Funds provided by this or any prior Appropriations Act
for the Agriculture and Food Research Initiative under 7 U.S.C. 450i(b)
shall be made available without regard to section 7128 of the
Agricultural Act of 2014 (7 U.S.C. 3371 note), under the matching
requirements in laws in effect on the date before the date of enactment
of such section: Provided, That the requirements of 7 U.S.C.
450i(b)(9) shall continue to apply.
Sec. 733. (a) For the period beginning on the date of enactment of
this Act through school year 2016-2017, with respect to the school
lunch program established under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program
established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) and final regulations published by the Department of Agriculture
in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et
seq.), the Secretary shall allow States to grant an exemption from the
whole grain requirements that took effect on or after July 1, 2014, and
the States shall establish a process for evaluating and responding, in
a reasonable amount of time, to requests for an exemption: Provided,
That school food authorities demonstrate hardship, including financial
hardship, in procuring specific whole grain products which are
acceptable to the students and compliant with the whole grain-rich
requirements: Provided further, That school food authorities shall
comply with the applicable grain component or standard with respect to
the school lunch or school breakfast program that was in effect prior
to July 1, 2014.
(b) None of the funds appropriated or otherwise made available by
this or any other Act shall be used to pay the salaries and expenses of
personnel to implement any regulations under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.), the Healthy, Hunger-Free Kids Act
of 2010 (Public Law 111-296), or any other law that would require a
reduction in the quantity of sodium contained in federally reimbursed
meals, foods, and snacks sold in schools below Target 1 (as described
in section 220.8(f)(3) of title 7, Code of Federal Regulations (or
successor regulations)) until the latest scientific research
establishes the reduction is beneficial for children.
Sec. 734. None of the funds made available by this or any other
Act may be used to release or implement the final version of the eighth
edition of the Dietary Guidelines for Americans, revised pursuant to
section 301 of the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341), unless the Secretary of Agriculture and
the Secretary of Health and Human Services ensure that each revision to
any nutritional or dietary information or guideline contained in the
2010 edition of the Dietary Guidelines for Americans and each new
nutritional or dietary information or guideline to be included in the
eighth edition of the Dietary Guidelines for Americans--
(1) is based on significant scientific agreement; and
(2) is limited in scope to nutritional and dietary information.
Sec. 735. (a) Not later than 30 days after the date of the
enactment of this Act, the Secretary of Agriculture shall engage the
National Academy of Medicine to conduct a comprehensive study of the
entire process used to establish the Advisory Committee for the Dietary
Guidelines for Americans and the subsequent development of the Dietary
Guidelines for Americans, most recently revised pursuant to section 301
of the National Nutrition Monitoring and Related Research Act of 1990
(7 U.S.C. 5341). The panel of the National Academy of Medicine selected
to conduct the study shall include a balanced representation of
individuals with broad experiences and viewpoints regarding nutritional
and dietary information.
(b) The study required by subsection (a) shall include the
following:
(1) An analysis of each of the following:
(A) How the Dietary Guidelines for Americans can better
prevent chronic disease, ensure nutritional sufficiency for all
Americans, and accommodate a range of individual factors,
including age, gender, and metabolic health.
(B) How the advisory committee selection process can be
improved to provide more transparency, eliminate bias, and
include committee members with a range of viewpoints.
(C) How the Nutrition Evidence Library is compiled and
utilized, including whether Nutrition Evidence Library reviews
and other systematic reviews and data analysis are conducted
according to rigorous and objective scientific standards.
(D) How systematic reviews are conducted on longstanding
Dietary Guidelines for Americans recommendations, including
whether scientific studies are included from scientists with a
range of viewpoints.
(2) Recommendations to improve the process used to establish
the Dietary Guidelines for Americans and to ensure the Dietary
Guidelines for Americans reflect balanced sound science.
(c) There is hereby appropriated $1,000,000 to conduct the study
required by subsection (a).
Sec. 736. The unobligated balances identified by the Treasury
Appropriation Fund Symbol 12X0113 are rescinded.
Sec. 737. None of the funds made available by this Act may be used
by the Secretary of Agriculture, acting through the Food and Nutrition
Service, to commence any new research and evaluation projects until the
Secretary submits to the Committees on Appropriations of both Houses of
Congress a research and evaluation plan for fiscal year 2016, prepared
in coordination with the Research, Education, and Economics mission
area of the Department of Agriculture, and a period of 30 days
beginning on the date of the submission of the plan expires to permit
Congressional review of the plan.
Sec. 738. Of the unobligated prior year funds identified by
Treasury Appropriation Fund Symbol 12X1980 where obligations have been
cancelled, $13,000,000 is rescinded.
Sec. 739. The unobligated balances identified by the Treasury
Appropriation Fund Symbol 12X3318, 12X1010, 12X1090, 12X1907, 12X0402,
12X3508, and 12X3322 are rescinded.
Sec. 740. Section 166 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7286) is amended--
(1) by striking ``and title I of the Food, Conservation, and
Energy Act of 2008'' both places it appears and inserting ``title I
of the Food, Conservation, and Energy Act of 2008, and Subtitle B
of title I of the Agricultural Act of 2014''; and
(2) by amending paragraph (3) of subsection (c) to read as
follows:
``(3) Application of authority.--Beginning with the 2015 crop
marketing year, the Secretary shall carry out paragraph (1) under
the same terms and conditions as were in effect for the 2008 crop
year for loans made to producers under subtitle B of title I of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et
seq.).''.
Sec. 741. (a) There is hereby appropriated $5,000,000 to provide
competitive grants to State agencies for subgrants to local educational
agencies and schools to purchase the equipment needed to serve
healthier meals, improve food safety, and to help support the
establishment, maintenance, or expansion of the school breakfast
program, to remain available until expended.
(b) There is hereby appropriated $7,000,000 to carry out section
749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111-
80), to remain available until expended.
Sec. 742. Of the unobligated balances identified by the Treasury
Appropriation Fund Symbol 12X1072, $20,000,000 is hereby rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by Congress as an emergency requirement or for disaster
relief requirement pursuant to a Concurrent Resolution on the Budget or
the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 743. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed under
such section and eligible lenders for such loans as the Secretary has
under subsections (h) and (j) of section 538 of such Act (42 U.S.C.
1490p-2) with respect to loans guaranteed under such section 538 and
eligible lenders for such loans.
Sec. 744. There is hereby appropriated $8,000,000, to remain
available until expended, to carry out section 6407 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided,
That the Secretary launch the program authorized by this section during
the 2016 fiscal year and that it be carried out through the Rural
Utilities Service: Provided further, That, within 60 days of enactment
of this Act, the Secretary shall provide a report to the Committees on
Appropriations of both Houses of Congress on how the Rural Utilities
Service will implement section 6407 during the 2016 fiscal year.
Sec. 745. Of the unobligated balances of appropriations in Public
Law 108-199, Public Law 109-234, and Public Law 110-28 made available
for the ``Emergency Watershed Protection Program'', $2,400,000 shall be
available for the purposes of such program for any disaster occurring
fiscal year 2016 or fiscal year 2017, and shall remain available until
expended.
Sec. 746. None of the funds made available by this Act may be used
to propose, promulgate, or implement any rule, or take any other action
with respect to, allowing or requiring information intended for a
prescribing health care professional, in the case of a drug or
biological product subject to section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless and until
a Federal law is enacted to allow or require such distribution.
Sec. 747. None of the funds made available by this Act may be used
to implement, administer, or enforce the final rule entitled ``Food
Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and
Similar Retail Food Establishments'' published by the Food and Drug
Administration in the Federal Register on December 1, 2014 (79 Fed.
Reg. 71156 et seq.) until the later of--
(1) December 1, 2016; or
(2) the date that is one year after the date on which the
Secretary of Health and Human Services publishes Level 1 guidance
with respect to nutrition labeling of standard menu items in
restaurants and similar retail food establishments in accordance
with paragraphs (g)(1)(i), (g)(1)(ii), (g)(1)(iii), and (g)(1)(iv)
of section 10.115 of title 21, Code of Federal Regulations.
Sec. 748. In addition to funds appropriated in this Act, there is
hereby appropriated $250,000,000, to remain available until expended,
under the heading ``Food for Peace Title II Grants'': Provided, That
the funds made available under this section shall be used for the
purposes set forth in the Food for Peace Act for both emergency and
non-emergency purposes: Provided further, That the funds made
available by this section used for emergency programs may be
prioritized to respond to emergency food needs involving conflict in
the Middle East and to address other urgent food needs around the
world: Provided further, That of the funds made available under this
section, $20,000,000 shall be used to reimburse the Commodity Credit
Corporation for the release of eligible commodities under section
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1).
Sec. 749. None of the funds made available by this Act may be used
to notify a sponsor or otherwise acknowledge receipt of a submission
for an exemption for investigational use of a drug or biological
product under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo
is intentionally created or modified to include a heritable genetic
modification. Any such submission shall be deemed to have not been
received by the Secretary, and the exemption may not go into effect.
Sec. 750. None of the funds made available by this or any other
Act may be used to implement or enforce any provision of the FDA Food
Safety Modernization Act (Public Law 111-353), including the amendments
made thereby, with respect to the regulation of the distribution, sale,
or receipt of dried spent grain byproducts of the alcoholic beverage
production process, irrespective of whether such byproducts are solely
intended for use as animal feed.
Sec. 751. (a) Of the unobligated balances from amounts made
available in fiscal year 2015 for the supplemental nutrition program as
authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), $220,000,000 are hereby rescinded.
(b) In addition to amounts provided elsewhere in this Act, there is
hereby appropriated for ``Special Supplemental Nutrition Program for
Women, Infants, and Children'', $220,000,000, to remain available until
expended, for management information systems, including WIC electronic
benefit transfer systems and activities.
Sec. 752. (a) The Secretary of Agriculture shall--
(1) within 4 months of the date of enactment of this Act,
establish a prioritization process for APHIS to conduct audits or
reviews of countries or regions that have received animal health
status recognitions by APHIS and provide a description of this
process to the Committee on Appropriations of the House, Committee
on Appropriations of the Senate, Committee on Agriculture of the
House, and Committee on Agriculture, Nutrition, and Forestry of the
Senate;
(2) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable:
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response.
(3) promptly make publicly available the final reports of any
audits or reviews conducted pursuant to subsection (2); and
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
Sec. 753. None of the funds made available by this Act may be used
to carry out any activities or incur any expense related to the
issuance of licenses under section 3 of the Animal Welfare Act (7
U.S.C. 2133), or the renewal of such licenses, to class B dealers who
sell dogs and cats for use in research, experiments, teaching, or
testing.
Sec. 754. No partially hydrogenated oils as defined in the order
published by the Food and Drug Administration in the Federal Register
on June 17, 2015 (80 Fed. Reg. 34650 et seq.) shall be deemed unsafe
within the meaning of section 409(a) and no food that is introduced or
delivered for introduction into interstate commerce that bears or
contains a partially hydrogenated oil shall be deemed adulterated under
sections 402(a)(1) or 402(a)(2)(C)(i) by virtue of bearing or
containing a partially hydrogenated oil until the compliance date as
specified in such order (June 18, 2018).
Sec. 755. Notwithstanding any other provision of law--
(1) the Secretary of Agriculture shall implement section 12106 of
the Agricultural Act of 2014 and the amendments made by such section
(21 U.S.C. 601 note; Public Law 113-79), including any regulation or
guidance the Secretary of Agriculture issues to carry out such section
or the amendments made by such section; and
(2) the Secretary of Health and Human Services shall implement
section 403(t) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343(t)), including any regulation or guidance the Secretary of Health
and Human Services issues to carry out such section.
Sec. 756. There is hereby appropriated $600,000 for the purposes
of section 727 of division A of Public Law 112-55.
Sec. 757. In addition to amounts otherwise made available by this
Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is
appropriated $4,000,000, to remain available until expended, to
implement non-renewable agreements on eligible lands, including flooded
agricultural lands, as determined by the Secretary, under the Water
Bank Act (16 U.S.C. 1301-1311).
Sec. 758. The Secretary shall set aside for Rural Economic Area
Partnership (REAP) Zones, until August 15, 2016, an amount of funds
made available in title III under the headings of Rural Housing
Insurance Fund Program Account, Mutual and Self-Help Housing Grants,
Rural Housing Assistance Grants, Rural Community Facilities Program
Account, Rural Business Program Account, Rural Development Loan Fund
Program Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to funds
provided under such headings in the most recent fiscal year any such
funds were obligated under such headings for REAP Zones.
Sec. 759. (a) Section 281 of the Agricultural Marketing Act of 1946
(7 U.S.C. 1638) is amended--
(1) by striking paragraphs (1) and (7);
(2) by redesignating paragraphs (2), (3), (4), (5), (6), (8),
and (9) as paragraphs (1), (2), (3), (4), (5), (6), and (7),
respectively; and
(3) in paragraph (1)(A) (as so redesignated)--
(A) in clause (i), by striking ``beef,'' and ``, pork,'';
and
(B) in clause (ii), by striking ``ground beef,'' and ``,
ground pork,''.
(b) Section 282 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1638a) is amended--
(1) in subsection (a)(2)--
(A) in the heading, by striking ``beef,'' and ``pork,'';
(B) by striking ``beef,'' and ``pork,'' each place it
appears in subparagraphs (A), (B), (C), and (D); and
(C) in subparagraph (E)--
(i) in the heading, by striking ``beef, pork,''; and
(ii) by striking ``ground beef, ground pork,'' each
place it appears; and
(2) in subsection (f)(2)--
(A) by striking subparagraphs (B) and (C); and
(B) by redesignating subparagraphs (D) and (E) as
subparagraphs (B) and (C), respectively.
Sec. 760. The Secretary of Agriculture and the Secretary's
designees are hereby granted the same access to information and subject
to the same requirements applicable to the Secretary of Housing and
Urban Development as provided in section 453(j) of the Social Security
Act (42 U.S.C. 653(j)) and section 6103(l)(7)(D)(ix) of the Internal
Revenue Code of 1986 (26 U.S.C. 6103(l)(7)(D)(ix)) to verify the income
for individuals participating in sections 502, 504, 521, and 542 of the
Housing Act of 1949 (42 U.S.C. 1472, 1474, 1490a, and 1490r).
Sec. 761. (a) During fiscal year 2016, the Food and Drug
Administration (FDA) shall not allow the introduction or delivery for
introduction into interstate commerce of any food that contains
genetically engineered salmon until FDA publishes final labeling
guidelines for informing consumers of such content; and
(b) Of the amounts made available to the Food and Drug
Administration, Salaries and Expenses, not less than $150,000 shall be
used to develop labeling guidelines and implement a program to disclose
to consumers whether salmon offered for sale to consumers is a
genetically engineered variety.
Sec. 762. The Secretary may charge a fee for lenders to access
Department loan guarantee systems in connection with such lenders'
participation in loan guarantee programs of the Rural Housing Service:
Provided, That the funds collected from such fees shall be made
available to the Secretary without further appropriation and such funds
shall be deposited into the Rural Development Salaries and Expense
Account and shall remain available until expended for obligation and
expenditure by the Secretary for administrative expenses of the Rural
Housing Service Loan Guarantee Program in addition to other available
funds: Provided further, That such fees collected shall not exceed $50
per loan.
Sec. 763. None of the funds made available by this Act or any
other Act may be used--
(1) in contravention of section 7606 of the Agricultural Act of
2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing, sale, or use of
industrial hemp that is grown or cultivated in accordance with
subsection section 7606 of the Agricultural Act of 2014, within or
outside the State in which the industrial hemp is grown or
cultivated.
Sec. 764. For an additional amount for ``Animal and Plant Health
Inspection Service, Salaries and Expenses'', $5,500,000, to remain
available until September 30, 2017, for one-time control and management
and associated activities directly related to the multiple-agency
response to citrus greening.
Sec. 765. Section 529(b)(5) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360ff(b)(5)) is amended by striking ``the last
day'' and all that follows through the period at the end and inserting
``September 30, 2016.''.
Sec. 766. Notwithstanding any other provision of law, for purposes
of applying the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.)--
(1) the acceptable market name of Gadus chalcogrammus, formerly
known as Theragra chalcogramma, is ``pollock''; and
(2) the term ``Alaskan Pollock'' or ```Alaska Pollock''' may be
used in labeling to refer solely to ``pollock'' harvested in the
State waters of Alaska or the exclusive economic zone (as that term
is defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802)) adjacent to
Alaska.
Sec. 767. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and expenses of
personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note;
Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code of
Federal Regulations (or a successor regulation).
This division may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2016''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to sections 3702 and 3703 of title 44,
United States Code; full medical coverage for dependent members of
immediate families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of employees of
the International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States Code;
employment of citizens of the United States and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28, United States Code, when such
claims arise in foreign countries; not to exceed $294,300 for official
representation expenses abroad; purchase of passenger motor vehicles
for official use abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie lines,
$493,000,000, to remain available until September 30, 2017, of which
$10,000,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding section 3302 of
title 31, United States Code: Provided, That, of amounts provided
under this heading, not less than $16,400,000 shall be for China
antidumping and countervailing duty enforcement and compliance
activities: Provided further, That of the amounts provided for the
International Trade Administration under this title, $5,000,000 shall
not be available for obligation or expenditure until 15 days after the
Undersecretary of Commerce for International Trade submits to the
Committees on Appropriations of the House of Representatives and the
Senate the report and certification detailed in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities; and that for
the purpose of this Act, contributions under the provisions of the
Mutual Educational and Cultural Exchange Act of 1961 shall include
payment for assessments for services provided as part of these
activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles for
official use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to any price
limitation otherwise established by law, $112,500,000, to remain
available until expended: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by section 27 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722),
$222,000,000, to remain available until expended, of which $15,000,000
shall be for grants under such section 27.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $39,000,000: Provided,
That these funds may be used to monitor projects approved pursuant to
title I of the Public Works Employment Act of 1976, title II of the
Trade Act of 1974, section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722), and the Community Emergency
Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $32,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$109,000,000, to remain available until September 30, 2017.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics, provided for by law, $270,000,000:
Provided, That, from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities: Provided further, That
the Bureau of the Census shall collect and analyze data for the Annual
Social and Economic Supplement to the Current Population Survey using
the same health insurance questions included in previous years, in
addition to the revised questions implemented in the Current Population
Survey beginning in February 2014.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling, analyzing,
preparing and publishing statistics for periodic censuses and programs
provided for by law, $1,100,000,000, to remain available until
September 30, 2017: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities:
Provided further, That within the amounts appropriated, $1,551,000
shall be transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the Bureau of the Census: Provided further, That not more
than 50 percent of the amounts made available under this heading for
information technology related to 2020 census delivery, including the
Census Enterprise Data Collection and Processing (CEDCaP) program, may
be obligated until the Secretary submits to the Committees on
Appropriations of the House of Representatives and the Senate a plan
for expenditure that: (1) identifies for each CEDCaP project/investment
over $25,000: (A) the functional and performance capabilities to be
delivered and the mission benefits to be realized; (B) the estimated
lifecycle cost, including estimates for development as well as
maintenance and operations; and (C) key milestones to be met; (2)
details for each project/investment: (A) reasons for any cost and
schedule variances; and (B) top risks and mitigation strategies; and
(3) has been submitted to the Government Accountability Office.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $39,500,000,
to remain available until September 30, 2017: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,272,000,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2016, so as to result in a fiscal year 2016
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2016, should the total amount of such
offsetting collections be less than $3,272,000,000 this amount shall be
reduced accordingly: Provided further, That any amount received in
excess of $3,272,000,000 in fiscal year 2016 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal year 2016
for official reception and representation expenses: Provided further,
That in fiscal year 2016 from the amounts made available for ``Salaries
and Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as
appropriate, and shall be available for the authorized purposes of
those accounts: Provided further, That any differences between the
present value factors published in OPM's yearly 300 series benefit
letters and the factors that OPM provides for USPTO's specific use
shall be recognized as an imputed cost on USPTO's financial statements,
where applicable: Provided further, That, notwithstanding any other
provision of law, all fees and surcharges assessed and collected by
USPTO are available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the Leahy-Smith
America Invents Act (Public Law 112-29): Provided further, That within
the amounts appropriated, $2,000,000 shall be transferred to the
``Office of Inspector General'' account for activities associated with
carrying out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $690,000,000, to remain available until expended, of
which not to exceed $9,000,000 may be transferred to the ``Working
Capital Fund'': Provided, That not to exceed $5,000 shall be for
official reception and representation expenses: Provided further, That
NIST may provide local transportation for summer undergraduate research
fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$155,000,000, to remain available until expended, of which $130,000,000
shall be for the Hollings Manufacturing Extension Partnership, and of
which $25,000,000 shall be for the National Network for Manufacturing
Innovation.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards and
Technology Act (15 U.S.C. 278c-278e), $119,000,000, to remain available
until expended: Provided, That the Secretary of Commerce shall include
in the budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000, and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or
other payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities, $3,305,813,000, to remain available until
September 30, 2017, except that funds provided for cooperative
enforcement shall remain available until September 30, 2018: Provided,
That fees and donations received by the National Ocean Service for the
management of national marine sanctuaries may be retained and used for
the salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code: Provided
further, That in addition, $130,164,000 shall be derived by transfer
from the fund entitled ``Promote and Develop Fishery Products and
Research Pertaining to American Fisheries'', which shall only be used
for fishery activities related to the Saltonstall-Kennedy Grant
Program, Cooperative Research, Annual Stock Assessments, Survey and
Monitoring Projects, Interjurisdictional Fisheries Grants, and Fish
Information Networks: Provided further, That of the $3,453,477,000
provided for in direct obligations under this heading, $3,305,813,000
is appropriated from the general fund, $130,164,000 is provided by
transfer and $17,500,000 is derived from recoveries of prior year
obligations: Provided further, That the total amount available for
National Oceanic and Atmospheric Administration corporate services
administrative support costs shall not exceed $226,300,000: Provided
further, That any deviation from the amounts designated for specific
activities in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act), or any use of
deobligated balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in section 505 of
this Act: Provided further, That in addition, for necessary retired
pay expenses under the Retired Serviceman's Family Protection and
Survivor Benefits Plan, and for payments for the medical care of
retired personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. 55), such sums as may be necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $2,400,416,000, to remain available
until September 30, 2018, except that funds provided for acquisition
and construction of vessels and construction of facilities shall remain
available until expended: Provided, That of the $2,413,416,000
provided for in direct obligations under this heading, $2,400,416,000
is appropriated from the general fund and $13,000,000 is provided from
recoveries of prior year obligations: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section 505 of this Act:
Provided further, That the Secretary of Commerce shall include in
budget justification materials that the Secretary submits to Congress
in support of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code) an estimate for each National Oceanic and Atmospheric
Administration procurement, acquisition or construction project having
a total of more than $5,000,000 and simultaneously the budget
justification shall include an estimate of the budgetary requirements
for each such project for each of the 5 subsequent fiscal years:
Provided further, That within the amounts appropriated, $80,050,000
shall not be available for obligation or expenditure until 15 days
after the Under Secretary of Commerce for Oceans and Atmosphere submits
to the Committees on Appropriations of the House of Representatives and
the Senate a fleet modernization and recapitalization plan: Provided
further, That, within the amounts appropriated, $1,302,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September
30, 2017: Provided, That, of the funds provided herein, the Secretary
of Commerce may issue grants to the States of Washington, Oregon,
Idaho, Nevada, California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are identified by
a State as at-risk to be so listed, for maintaining populations
necessary for exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be allocated based
on scientific and other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or documented in-
kind contributions of at least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $350,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2016, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $58,000,000: Provided, That
within amounts provided, the Secretary of Commerce may use up to
$2,500,000 to engage in activities to provide businesses and
communities with information about and referrals to relevant Federal,
State, and local government programs.
renovation and modernization
For necessary expenses for the renovation and modernization of
Department of Commerce facilities, $19,062,000, to remain available
until expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $32,000,000.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2012 (Public Law 112-55), as amended by section 105 of title I of
division B of Public Law 113-6, are hereby adopted by reference and
made applicable with respect to fiscal year 2016: Provided, That the
life cycle cost for the Joint Polar Satellite System is $11,322,125,000
and the life cycle cost for the Geostationary Operational Environmental
Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms,
or organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to
the Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian tribal government,
Territory, or possession, or of any political subdivision thereof, or
of any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may
be accessed and downloaded for free online. Should a customer still
require the Service to provide a printed or digital copy of the report
or document, the charge shall be limited to recovering the Service's
cost of processing, reproducing, and delivering such report or
document.
Sec. 109. The Secretary of Commerce may waive the requirement for
bonds under 40 U.S.C. 3131 with respect to contracts for the
construction, alteration, or repair of vessels, regardless of the terms
of the contracts as to payment or title, when the contract is made
under the Coast and Geodetic Survey Act of 1947 (33 U.S.C. 883a et
seq.).
Sec. 110. (a) None of the funds made available by this Act or any
other appropriations Act may be used by the Secretary of Commerce for
management activities pursuant to the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico or any amendment to such Plan
unless such management is conducted beyond the seaward boundary of a
coastal State as set out under subsection (b).
(b) Notwithstanding any other provision of law, for the purpose of
carrying out activities pursuant to the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico or any amendment to such
Plan, the seaward boundary of a coastal State in the Gulf of Mexico is
a line 9 nautical miles seaward from the baseline from which the
territorial sea of the United States is measured.
Sec. 111. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of
NOAA is authorized to: (1) enter into grants and cooperative agreements
with; (2) use on a non-reimbursable basis land, services, equipment,
personnel, and facilities provided by; and (3) receive and expend funds
made available on a consensual basis from: a Federal agency, State or
subdivision thereof, local government, tribal government, territory, or
possession or any subdivisions thereof: Provided, That funds received
for permitting and related regulatory activities pursuant to this
section shall be deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and Facilities'' and
shall remain available until September 30, 2018, for such purposes:
Provided further, That all funds within this section and their
corresponding uses are subject to section 505 of this Act.
Sec. 112. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the U.S. Census Bureau, shall be
available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2016''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $111,500,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$31,000,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $35,400,000 to this account, from
funds available to the Department of Justice for information
technology, to remain available until expended, for enterprise-wide
information technology initiatives: Provided further, That the
transfer authority in the preceding proviso is in addition to any other
transfer authority contained in this Act.
administrative review and appeals
(including transfer of funds)
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $426,791,000, of
which $4,000,000 shall be derived by transfer from the Executive Office
for Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account: Provided, That of the amount available for the
Executive Office for Immigration Review, not to exceed $15,000,000
shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$93,709,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $13,308,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor
has been appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia, $893,000,000, of which not to exceed $20,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the amount provided for INTERPOL Washington dues
payments, not to exceed $685,000 shall remain available until expended:
Provided further, That of the total amount appropriated, not to exceed
$9,000 shall be available to INTERPOL Washington for official reception
and representation expenses: Provided further, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ``Salaries and Expenses, General Legal Activities''
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That of the amount appropriated, such sums as may be
necessary shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program under
section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to
reimburse the Office of Personnel Management for such salaries and
expenses: Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall remain
available until expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $9,358,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $164,977,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection (and estimated to be $124,000,000 in fiscal year 2016),
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal
year 2016, so as to result in a final fiscal year 2016 appropriation
from the general fund estimated at $40,977,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,000,000,000: Provided, That of the total amount appropriated, not
to exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $225,908,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits to
the United States Trustee System Fund and amounts herein appropriated
shall be available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any other
provision of law, fees collected pursuant to section 589a(b) of title
28, United States Code, shall be retained and used for necessary
expenses in this appropriation and shall remain available until
expended: Provided further, That to the extent that fees collected in
fiscal year 2016, net of amounts necessary to pay refunds due
depositors, exceed $225,908,000, those excess amounts shall be
available in future fiscal years only to the extent provided in advance
in appropriations Acts: Provided further, That the sum herein
appropriated from the general fund shall be reduced (1) as such fees
are received during fiscal year 2016, net of amounts necessary to pay
refunds due depositors, (estimated at $162,400,000) and (2) to the
extent that any remaining general fund appropriations can be derived
from amounts deposited in the Fund in previous fiscal years that are
not otherwise appropriated, so as to result in a final fiscal year 2016
appropriation from the general fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,374,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which not
to exceed $16,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $13,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may not be
transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$14,446,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,230,581,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$15,000,000 shall remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related
support, $15,000,000, to remain available until expended.
federal prisoner detention
(including transfer of funds)
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,454,414,000, to remain
available until expended: Provided, That not to exceed $20,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to section 4013(b) of title 18,
United States Code: Provided further, That the United States Marshals
Service shall be responsible for managing the Justice Prisoner and
Alien Transportation System: Provided further, That any unobligated
balances available from funds appropriated under the heading ``General
Administration, Detention Trustee'' shall be transferred to and merged
with the appropriation under this heading.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $95,000,000, of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $512,000,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $8,489,786,000, of which not to exceed $216,900,000 shall
remain available until expended: Provided, That not to exceed $184,500
shall be available for official reception and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites by
purchase, or as otherwise authorized by law; conversion, modification
and extension of federally owned buildings; and preliminary planning
and design of projects; $308,982,000, to remain available until
expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs, $2,080,000,000, of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,240,000,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $20,000,000 shall remain available until expended: Provided,
That none of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives
to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $6,948,500,000: Provided, That the Attorney General may
transfer to the Department of Health and Human Services such amounts as
may be necessary for direct expenditures by that Department for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the Federal Prison System, furnish health
services to individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $5,400 shall be available
for official reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for necessary
operations until September 30, 2017: Provided further, That, of the
amounts provided for contract confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses:
Provided further, That the Director of the Federal Prison System may
accept donated property and services relating to the operation of the
prison card program from a not-for-profit entity which has operated
such program in the past, notwithstanding the fact that such not-for-
profit entity furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services, halfway
houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$530,000,000, to remain available until expended, of which $444,000,000
shall be available only for costs related to construction of new
facilities: Provided, That labor of United States prisoners may be
used for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and the Rape Survivor Child Custody Act of 2015 (Public Law
114-22) (``the 2015 Act''); and for related victims services,
$480,000,000, to remain available until expended, of which $379,000,000
shall be derived by transfer from amounts available for obligation in
this Act from the Fund established by section 1402 of chapter XIV of
title II of Public Law 98-473 (42 U.S.C. 10601), notwithstanding
section 1402(d) of such Act of 1984, and merged with the amounts
otherwise made available under this heading: Provided, That except as
otherwise provided by law, not to exceed 5 percent of funds made
available under this heading may be used for expenses related to
evaluation, training, and technical assistance: Provided further, That
of the amount provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $30,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994 Act;
(3) $5,000,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ``Research, Evaluation
and Statistics'' for administration by the Office of Justice
Programs;
(4) $11,000,000 is for a grant program to provide services to
advocate for and respond to youth victims of domestic violence,
dating violence, sexual assault, and stalking; assistance to
children and youth exposed to such violence; programs to engage men
and youth in preventing such violence; and assistance to middle and
high school students through education and other services related
to such violence: Provided, That unobligated balances available
for the programs authorized by sections 41201, 41204, 41303, and
41305 of the 1994 Act, prior to its amendment by the 2013 Act,
shall be available for this program: Provided further, That 10
percent of the total amount available for this grant program shall
be available for grants under the program authorized by section
2015 of the 1968 Act: Provided further, That the definitions and
grant conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $51,000,000 is for grants to encourage arrest policies as
authorized by part U of the 1968 Act, of which $4,000,000 is for a
homicide reduction initiative;
(6) $35,000,000 is for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(7) $34,000,000 is for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act;
(9) $45,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to end
violence against and abuse of women in later life, as authorized by
section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of the
1994 Act, prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $6,000,000 is for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on Workplace
Responses to assist victims of domestic violence, as authorized by
section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of the
2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by the
Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $2,500,000 is for grants to assist tribal governments in
exercising special domestic violence criminal jurisdiction, as
authorized by section 904 of the 2013 Act: Provided, That the
grant conditions in section 40002(b) of the 1994 Act shall apply to
this program; and
(17) $2,500,000 for the purposes authorized under the 2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT
Our Children Act of 2008 (Public Law 110-401); subtitle D of title II
of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); the Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4) (``the 2013 Act''); and other programs, $116,000,000, to
remain available until expended, of which--
(1) $41,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act;
(2) $36,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title I
of the 1968 Act and subtitle D of title II of the 2002 Act;
(3) $35,000,000 is for regional information sharing activities,
as authorized by part M of title I of the 1968 Act; and
(4) $4,000,000 is for activities to strengthen and enhance the
practice of forensic sciences, of which $3,000,000 is for transfer
to the National Institute of Standards and Technology to support
Scientific Area Committees.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam
Walsh Act''); the Victims of Trafficking and Violence Protection Act of
2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007
(Public Law 110-180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-
403); the Victims of Crime Act of 1984 (Public Law 98-473); the
Mentally Ill Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416); the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and other programs, $1,408,500,000, to remain available until
expended as follows--
(1) $476,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g) of title I of
the 1968 Act shall not apply for purposes of this Act), of which,
notwithstanding such subpart 1, $15,000,000 is for an Officer
Robert Wilson III memorial initiative on Preventing Violence
Against Law Enforcement Officer Resilience and Survivability
(VALOR), $4,000,000 is for use by the National Institute of Justice
for research targeted toward developing a better understanding of
the domestic radicalization phenomenon, and advancing evidence-
based strategies for effective intervention and prevention,
$5,000,000 is for an initiative to support evidence-based policing,
$2,500,000 is for an initiative to enhance prosecutorial decision-
making, $100,000,000 is for grants for law enforcement activities
associated with the presidential nominating conventions, and
$2,400,000 is for the operationalization, maintenance and expansion
of the National Missing and Unidentified Persons System;
(2) $210,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration and
Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater than
the actual cost for Federal immigration and other detainees housed
in State and local detention facilities;
(3) $45,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law 106-
386, for programs authorized under Public Law 109-164, or programs
authorized under Public Law 113-4;
(4) $42,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(5) $10,000,000 for mental health courts and adult and juvenile
collaboration program grants, as authorized by parts V and HH of
title I of the 1968 Act, and the Mentally Ill Offender Treatment
and Crime Reduction Reauthorization and Improvement Act of 2008
(Public Law 110-416);
(6) $12,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title I
of the 1968 Act;
(7) $2,500,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405, and
for grants for wrongful conviction review;
(8) $13,000,000 for economic, high technology and Internet
crime prevention grants, including as authorized by section 401 of
Public Law 110-403;
(9) $2,000,000 for a student loan repayment assistance program
pursuant to section 952 of Public Law 110-315;
(10) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(11) $8,000,000 for an initiative relating to children exposed
to violence;
(12) $22,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of title I
of the 1968 Act: Provided, That $1,500,000 is transferred directly
to the National Institute of Standards and Technology's Office of
Law Enforcement Standards for research, testing and evaluation
programs;
(13) $1,000,000 for the National Sex Offender Public Website;
(14) $6,500,000 for competitive and evidence-based programs to
reduce gun crime and gang violence;
(15) $73,000,000 for grants to States to upgrade criminal and
mental health records for the National Instant Criminal Background
Check System, of which no less than $25,000,000 shall be for grants
made under the authorities of the NICS Improvement Amendments Act
of 2007 (Public Law 110-180);
(16) $13,500,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(17) $125,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities, including the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers program
(Public Law 108-405, section 303);
(B) $4,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Program (Public Law
108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(18) $45,000,000 for a grant program for community-based sexual
assault response reform;
(19) $9,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(20) $30,000,000 for assistance to Indian tribes;
(21) $68,000,000 for offender reentry programs and research, as
authorized by the Second Chance Act of 2007 (Public Law 110-199),
without regard to the time limitations specified at section 6(1) of
such Act, of which not to exceed $6,000,000 is for a program to
improve State, local, and tribal probation or parole supervision
efforts and strategies, $5,000,000 is for Children of Incarcerated
Parents Demonstrations to enhance and maintain parental and family
relationships for incarcerated parents as a reentry or recidivism
reduction strategy, and $4,000,000 is for additional replication
sites employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions in
probation, and for a research project on the effectiveness of the
model: Provided, That up to $7,500,000 of funds made available in
this paragraph may be used for performance-based awards for Pay for
Success projects, of which up to $5,000,000 shall be for Pay for
Success programs implementing the Permanent Supportive Housing
Model;
(22) $6,000,000 for a veterans treatment courts program;
(23) $13,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products;
(24) $10,500,000 for prison rape prevention and prosecution
grants to States and units of local government, and other programs,
as authorized by the Prison Rape Elimination Act of 2003 (Public
Law 108-79);
(25) $75,000,000 for the Comprehensive School Safety
Initiative: Provided, That section 213 of this Act shall not apply
with respect to the amount made available in this paragraph; and
(26) $70,000,000 for initiatives to improve police-community
relations, of which $22,500,000 is for a competitive matching grant
program for purchases of body-worn cameras for State, local and
tribal law enforcement, $27,500,000 is for a justice reinvestment
initiative, for activities related to criminal justice reform and
recidivism reduction, $5,000,000 is for research and statistics on
body-worn cameras and community trust issues, and $15,000,000 is
for an Edward Byrne Memorial criminal justice innovation program:
Provided, That, if a unit of local government uses any of the funds
made available under this heading to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.);
the Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public
Law 110-401); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); and other juvenile justice
programs, $270,160,000, to remain available until expended as follows--
(1) $58,000,000 for programs authorized by section 221 of the
1974 Act, and for training and technical assistance to assist
small, nonprofit organizations with the Federal grants process:
Provided, That of the amounts provided under this paragraph,
$500,000 shall be for a competitive demonstration grant program to
support emergency planning among State, local and tribal juvenile
justice residential facilities;
(2) $90,000,000 for youth mentoring grants;
(3) $17,500,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261 and
262 thereof--
(A) $10,000,000 shall be for the Tribal Youth Program;
(B) $5,000,000 shall be for gang and youth violence
education, prevention and intervention, and related activities;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated parents;
and
(D) $2,000,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(4) $20,000,000 for programs authorized by the Victims of Child
Abuse Act of 1990;
(5) $8,000,000 for community-based violence prevention
initiatives, including for public health approaches to reducing
shootings and violence;
(6) $72,160,000 for missing and exploited children programs,
including as authorized by sections 404(b) and 405(a) of the 1974
Act (except that section 102(b)(4)(B) of the PROTECT Our Children
Act of 2008 (Public Law 110-401) shall not apply for purposes of
this Act);
(7) $2,000,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of the
1990 Act; and
(8) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may be used
for research, evaluation, and statistics activities designed to benefit
the programs or activities authorized: Provided further, That not more
than 2 percent of the amounts designated under paragraphs (1) through
(4) and (7) may be used for training and technical assistance:
Provided further, That the two preceding provisos shall not apply to
grants and projects administered pursuant to sections 261 and 262 of
the 1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $16,300,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain available
until expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability and
education payments, the Attorney General may transfer such amounts to
``Public Safety Officer Benefits'' from available appropriations for
the Department of Justice as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); and the Violence
Against Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''), $212,000,000, to remain
available until expended: Provided, That any balances made available
through prior year deobligations shall only be available in accordance
with section 505 of this Act: Provided further, That of the amount
provided under this heading--
(1) $11,000,000 is for anti-methamphetamine-related activities,
which shall be transferred to the Drug Enforcement Administration
upon enactment of this Act;
(2) $187,000,000 is for grants under section 1701 of title I of
the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsection (i) of such section: Provided,
That, notwithstanding section 1704(c) of such title (42 U.S.C.
3796dd-3(c)), funding for hiring or rehiring a career law
enforcement officer may not exceed $125,000 unless the Director of
the Office of Community Oriented Policing Services grants a waiver
from this limitation: Provided further, That within the amounts
appropriated under this paragraph, $30,000,000 is for improving
tribal law enforcement, including hiring, equipment, training, and
anti-methamphetamine activities: Provided further, That of the
amounts appropriated under this paragraph, $10,000,000 is for
community policing development activities in furtherance of the
purposes in section 1701: Provided further, That within the
amounts appropriated under this paragraph, $10,000,000 is for the
collaborative reform model of technical assistance in furtherance
of the purposes in section 1701;
(3) $7,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and laboratory
dump seizures: Provided, That funds appropriated under this
paragraph shall be utilized for investigative purposes to locate or
investigate illicit activities, including precursor diversion,
laboratories, or methamphetamine traffickers; and
(4) $7,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary treatment
admissions for heroin and other opioids: Provided, That these
funds shall be utilized for investigative purposes to locate or
investigate illicit activities, including activities related to the
distribution of heroin or unlawful distribution of prescription
opioids, or unlawful heroin and prescription opioid traffickers
through statewide collaboration.
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $50,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape or incest: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any
way diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. Funds appropriated by this or any other Act, with
respect to any fiscal year, under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives, Salaries and Expenses'' shall be
available for retention pay for any employee who would otherwise be
subject to a reduction in pay upon termination of the Bureau's
Personnel Management Demonstration Project (as transferred to the
Attorney General by section 1115 of the Homeland Security Act of 2002,
Public Law 107-296 (28 U.S.C. 599B)): Provided, That such retention
pay shall comply with section 5363 of title 5, United States Code, and
related Office of Personnel Management regulations, except as provided
in this section: Provided further, That such retention pay shall be
paid at the employee's rate of pay immediately prior to the termination
of the demonstration project and shall not be subject to the limitation
set forth in section 5304(g)(1) of title 5, United States Code, and
related regulations.
Sec. 207. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 208. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, or to
rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 209. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House
of Representatives and the Senate that the information technology
program has appropriate program management controls and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 210. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 211. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76 or any successor administrative regulation, directive, or policy
for work performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 212. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title 28,
United States Code.
Sec. 213. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by
this title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 3 percent of funds made available to the Office of
Justice Programs for grant or reimbursement programs may be used by
such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or statistical
programs administered by the National Institute of Justice and the
Bureau of Justice Statistics, shall be transferred to and merged
with funds provided to the National Institute of Justice and the
Bureau of Justice Statistics, to be used by them for research,
evaluation, or statistical purposes, without regard to the
authorizations for such grant or reimbursement programs.
Sec. 214. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2013 through 2016 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local reentry
demonstration projects under part FF of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)),
the requirements under section 2976(g)(1) of such part.
(2) For State, Tribal, and local reentry courts under part FF
of title I of such Act of 1968 (42 U.S.C. 3797w-2(e)(1) and (2)),
the requirements under section 2978(e)(1) and (2) of such part.
(3) For the prosecution drug treatment alternatives to prison
program under part CC of title I of such Act of 1968 (42 U.S.C.
3797q-3), the requirements under section 2904 of such part.
(4) For grants to protect inmates and safeguard communities as
authorized by section 6 of the Prison Rape Elimination Act of 2003
(42 U.S.C. 15605(c)(3)), the requirements of section 6(c)(3) of
such Act.
Sec. 215. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 216. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (18 U.S.C. 922 note), may be used by a Federal law enforcement
officer to facilitate the transfer of an operable firearm to an
individual if the Federal law enforcement officer knows or suspects
that the individual is an agent of a drug cartel, unless law
enforcement personnel of the United States continuously monitor or
control the firearm at all times.
Sec. 217. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2016, except up to $40,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2016, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2016, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
(d) Subsections (a) through (c) of this section shall sunset on
September 30, 2016.
Sec. 218. (a) Of the funds appropriated by this Act under each of
the headings ``General Administration--Salaries and Expenses'',
``United States Marshals Service--Salaries and Expenses'', ``Federal
Bureau of Investigation--Salaries and Expenses'', ``Drug Enforcement
Administration--Salaries and Expenses'', and ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'', $20,000,000
shall not be available for obligation until the Attorney General
demonstrates to the Committees on Appropriations of the House of
Representatives and the Senate that all recommendations included in the
Office of Inspector General of the Department of Justice, Evaluation
and Inspections Division Report 15-04 entitled ``The Handling of Sexual
Harassment and Misconduct Allegations by the Department's Law
Enforcement Components'', dated March, 2015, have been implemented or
are in the process of being implemented.
(b) The Inspector General of the Department of Justice shall report
to the Committees on Appropriations of the House of Representatives and
the Senate not later than 90 days after the date of enactment of this
Act on the status of the Department's implementation of recommendations
included in the report specified in subsection (a).
Sec. 219. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under section 526 of division
H of Public Law 113-76, section 524 of division G of Public Law 113-
235, and such authorities as are enacted for Performance Partnership
Pilots in an appropriations Act for fiscal year 2016.
This title may be cited as the ``Department of Justice
Appropriations Act, 2016''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to
exceed $2,250 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $5,555,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $5,589,400,000, to remain available until
September 30, 2017: Provided, That the formulation and development
costs (with development cost as defined under section 30104 of title
51, United States Code) for the James Webb Space Telescope shall not
exceed $8,000,000,000: Provided further, That should the individual
identified under subsection (c)(2)(E) of section 30104 of title 51,
United States Code, as responsible for the James Webb Space Telescope
determine that the development cost of the program is likely to exceed
that limitation, the individual shall immediately notify the
Administrator and the increase shall be treated as if it meets the 30
percent threshold described in subsection (f) of section 30104:
Provided further, That, of the amounts provided, $175,000,000 is for an
orbiter with a lander to meet the science goals for the Jupiter Europa
mission as outlined in the most recent planetary science decadal
survey: Provided further, That the National Aeronautics and Space
Administration shall use the Space Launch System as the launch vehicle
for the Jupiter Europa mission, plan for a launch no later than 2022,
and include in the fiscal year 2017 budget the 5-year funding profile
necessary to achieve these goals.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $640,000,000, to remain available until
September 30, 2017.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $686,500,000, to remain available until
September 30, 2017: Provided, That $133,000,000 shall be for the
RESTORE satellite servicing program for completion of pre-formulation
and initiation of formulation activities for RESTORE and such funds
shall not support activities solely needed for the asteroid redirect
mission.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $4,030,000,000, to remain available until
September 30, 2017: Provided, That not less than $1,270,000,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That
not less than $2,000,000,000 shall be for the Space Launch System (SLS)
launch vehicle, which shall have a lift capability not less than 130
metric tons and which shall have core elements and an enhanced upper
stage developed simultaneously: Provided further, That of the amounts
provided for SLS, not less than $85,000,000 shall be for enhanced upper
stage development: Provided further, That $410,000,000 shall be for
exploration ground systems: Provided further, That the National
Aeronautics and Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget profile
and funding projection that adheres to a 70 percent Joint Confidence
Level and is consistent with the Key Decision Point C (KDP-C) for the
SLS and with the management agreement contained in the KDP-C for the
Orion Multi-Purpose Crew Vehicle: Provided further, That $350,000,000
shall be for exploration research and development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services;
space flight, spacecraft control and communications activities,
including operations, production, and services; maintenance and repair,
facility planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance and operation of mission and administrative
aircraft, $5,029,200,000, to remain available until September 30, 2017.
education
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$115,000,000, to remain available until September 30, 2017, of which
$18,000,000 shall be for the Experimental Program to Stimulate
Competitive Research and $40,000,000 shall be for the National Space
Grant College program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $2,768,600,000, to remain available until
September 30, 2017.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $388,900,000, to remain available until
September 30, 2021: Provided, That proceeds from leases deposited into
this account shall be available for a period of 5 years to the extent
and in amounts as provided in annual appropriations Acts: Provided
further, That such proceeds referred to in the preceding proviso shall
be available for obligation for fiscal year 2016 in an amount not to
exceed $9,470,300: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 20145 of title
51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $37,400,000, of which
$500,000 shall remain available until September 30, 2017.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed
or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Balances so transferred shall be merged with and
available for the same purposes and the same time period as the
appropriations to which transferred. Any transfer pursuant to this
provision shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by NASA at
the theme, program, project and activity level. The spending plan, as
well as any subsequent change of an amount established in that spending
plan that meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
The unexpired balances for Commercial Spaceflight Activities
contained within the Exploration account may be transferred to the
Space Operations account for such activities. Balances so transferred
shall be merged with the funds in the Space Operations account and
shall be available under the same terms, conditions and period of time
as previously appropriated.
For the closeout of all Space Shuttle contracts and associated
programs, amounts that have expired but have not been cancelled in the
Exploration, Space Operations, Human Space Flight, Space Flight
Capabilities, and Exploration Capabilities appropriations accounts
shall remain available through fiscal year 2025 for the liquidation of
valid obligations incurred during the period of fiscal year 2001
through fiscal year 2013.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $6,033,645,000, to remain available
until September 30, 2017, of which not to exceed $540,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other related
activities for the United States Antarctic program: Provided, That
receipts for scientific support services and materials furnished by the
National Research Centers and other National Science Foundation
supported research facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $200,310,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms
in the District of Columbia, $880,000,000, to remain available until
September 30, 2017.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); services authorized by section 3109 of title 5, United States
Code; hire of passenger motor vehicles; uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of Columbia;
and reimbursement of the Department of Homeland Security for security
guard services; $330,000,000: Provided, That not to exceed $8,280 is
for official reception and representation expenses: Provided further,
That contracts may be entered into under this heading in fiscal year
2016 for maintenance and operation of facilities and for other services
to be provided during the next fiscal year: Provided further, That of
the amount provided for costs associated with the acquisition,
occupancy, and related costs of new headquarters space, not more than
$30,770,000 shall remain available until expended.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,370,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $15,160,000, of which
$400,000 shall remain available until September 30, 2017.
administrative provision
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 10 percent by any such transfers. Any
transfer pursuant to this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
This title may be cited as the ``Science Appropriations Act,
2016''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,200,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the chairperson, who is
permitted 125 billable days: Provided further, That none of the funds
appropriated in this paragraph shall be used for any activity or
expense that is not explicitly authorized by section 3 of the Civil
Rights Commission Act of 1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Non-Discrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services
as authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $364,500,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until
such time as the Committees on Appropriations of the House of
Representatives and the Senate have been notified of such proposals, in
accordance with the reprogramming requirements of section 505 of this
Act: Provided further, That the Chair is authorized to accept and use
any gift or donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by section 3109 of title 5, United States Code, and not to exceed
$2,250 for official reception and representation expenses, $88,500,000,
to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $385,000,000,
of which $352,000,000 is for basic field programs and required
independent audits; $5,000,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $19,000,000 is for management and
grants oversight; $4,000,000 is for client self-help and information
technology; $4,000,000 is for a Pro Bono Innovation Fund; and
$1,000,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by section
5304 of title 5, United States Code, notwithstanding section 1005(d) of
the Legal Services Corporation Act (42 U.S.C. 2996(d)): Provided
further, That the authorities provided in section 205 of this Act shall
be applicable to the Legal Services Corporation: Provided further,
That, for the purposes of section 505 of this Act, the Legal Services
Corporation shall be considered an agency of the United States
Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2015 and 2016, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), $3,431,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $54,500,000, of which $1,000,000 shall
remain available until expended: Provided, That not to exceed $124,000
shall be available for official reception and representation expenses.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of 1984 (42
U.S.C. 10701 et seq.) $5,121,000, of which $500,000 shall remain
available until September 30, 2017: Provided, That not to exceed
$2,250 shall be available for official reception and representation
expenses: Provided further, That, for the purposes of section 505 of
this Act, the State Justice Institute shall be considered an agency of
the United States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2016, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program, project or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices,
programs or activities; (6) contracts out or privatizes any functions
or activities presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding for any
program, project or activity, or numbers of personnel by 10 percent; or
(8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds by agencies (excluding agencies
of the Department of Justice) funded by this Act and 45 days in advance
of such reprogramming of funds by agencies of the Department of Justice
funded by this Act.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term
in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the
status of balances of appropriations at the account level. For
unobligated, uncommitted balances and unobligated, committed balances
the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation
of a current accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such accounting
system and shall identify and describe in each quarterly report the
extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection of loan
collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (42 U.S.C. 10601) in any
fiscal year in excess of $3,042,000,000 shall not be available for
obligation until the following fiscal year: Provided, That
notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation, $10,000,000 shall remain available until
expended to the Department of Justice Office of Inspector General for
oversight and auditing purposes.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 514. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in
any other manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 515. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information systems
against criteria developed by NIST to inform acquisition decisions
for high-impact and moderate-impact information systems within the
Federal Government;
(2) reviewed the supply chain risk from the presumptive awardee
against available and relevant threat information provided by the
Federal Bureau of Investigation (FBI) and other appropriate
agencies; and
(3) in consultation with the FBI or other appropriate Federal
entity, conducted an assessment of any risk of cyber-espionage or
sabotage associated with the acquisition of such system, including
any risk associated with such system being produced, manufactured,
or assembled by one or more entities identified by the United
States Government as posing a cyber threat, including but not
limited to, those that may be owned, directed, or subsidized by the
People's Republic of China.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain risk
management experts, a mitigation strategy for any identified risks;
(2) determined that the acquisition of such system is in the
national interest of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate and
the agency Inspector General.
(c) During fiscal year 2016--
(1) the FBI shall develop best practices for supply chain risk
management; and
(2) the Departments of Commerce and Justice, the National
Aeronautics and Space Administration, and the National Science
Foundation shall incorporate such practices into their information
technology procurement practices to the maximum extent practicable.
Sec. 516. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 517. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or from
being otherwise eligible under the laws of the United States to
possess, ship, transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 518. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 519. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-Singapore
Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-Australia
Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 520. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act; The Electronic Communications Privacy Act; The
Fair Credit Reporting Act; The National Security Act of 1947; USA
PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by these
Acts.
Sec. 521. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent or more, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree
to which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or
procurement costs.
Sec. 522. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2016 until the enactment of the Intelligence
Authorization Act for fiscal year 2016.
Sec. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the
certification, has not been convicted of a criminal offense under the
Internal Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax assessment for
which the liability remains unsatisfied, unless the assessment is the
subject of an installment agreement or offer in compromise that has
been approved by the Internal Revenue Service and is not in default, or
the assessment is the subject of a non-frivolous administrative or
judicial proceeding.
(rescissions)
Sec. 524. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce's Economic
Development Administration, Economic Development Assistance Programs,
$10,000,000 are rescinded, not later than September 30, 2016.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby rescinded, not later than
September 30, 2016, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $69,000,000;
(2) ``United States Marshals Service, Federal Prisoner
Detention'', $195,974,000;
(3) ``Federal Bureau of Investigation, Salaries and Expenses'',
$80,767,000 from fees collected to defray expenses for the
automation of fingerprint identification and criminal justice
information services and associated costs;
(4) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $15,000,000;
(5) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $40,000,000;
(6) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $10,000,000; and
(7) ``Legal Activities, Assets Forfeiture Fund'', $458,000,000.
(c) The Departments of Commerce and Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2016, specifying the amount
of each rescission made pursuant to subsections (a) and (b).
Sec. 525. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 526. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency, who are stationed in the United
States, at any single conference occurring outside the United States
unless such conference is a law enforcement training or operational
conference for law enforcement personnel and the majority of Federal
employees in attendance are law enforcement personnel stationed outside
the United States.
Sec. 527. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 528. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 529. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.
Sec. 530. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality
uses to track undisbursed balances in expired grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on the
first day of each fiscal year) for the department, agency, or
instrumentality and the total finances that have not been obligated
to a specific project remaining in the accounts.
Sec. 531. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA) or
the Office of Science and Technology Policy (OSTP) to develop, design,
plan, promulgate, implement, or execute a bilateral policy, program,
order, or contract of any kind to participate, collaborate, or
coordinate bilaterally in any way with China or any Chinese-owned
company unless such activities are specifically authorized by a law
enacted after the date of enactment of this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA or OSTP has certified--
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company; and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, and the Federal Bureau of Investigation, no later than 30
days prior to the activity in question and shall include a description
of the purpose of the activity, its agenda, its major participants, and
its location and timing.
Sec. 532. None of the funds made available by this Act may be used
to pay the salaries or expenses of personnel to deny, or fail to act
on, an application for the importation of any model of shotgun if--
(1) all other requirements of law with respect to the proposed
importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the Attorney
General prior to January 1, 2011, on the basis that the shotgun was
not particularly suitable for or readily adaptable to sporting
purposes.
Sec. 533. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim
assistance-related activity.
Sec. 534. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, the National Science Foundation,
the Commission on Civil Rights, the Equal Employment Opportunity
Commission, the International Trade Commission, the Legal Services
Corporation, the Marine Mammal Commission, the Offices of Science and
Technology Policy and the United States Trade Representative, and the
State Justice Institute shall submit spending plans, signed by the
respective department or agency head, to the Committees on
Appropriations of the House of Representatives and the Senate within 45
days after the date of enactment of this Act.
Sec. 535. (a) The head of any executive branch department, agency,
board, commission, or office funded by this Act shall submit annual
reports to the Inspector General or senior ethics official for any
entity without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any such
department, agency, board, commission, or office during fiscal year
2016 for which the cost to the United States Government was more than
$100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days of the date of a conference held by any
executive branch department, agency, board, commission, or office
funded by this Act during fiscal year 2016 for which the cost to the
United States Government was more than $20,000, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending such conference.
(d) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a banquet or
conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a banquet
or conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(e) None of the funds made available in this Act may be used for
travel and conference activities that are not in compliance with Office
of Management and Budget Memorandum M-12-12 dated May 11, 2012 or any
subsequent revisions to that memorandum.
Sec. 536. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 537. The head of any executive branch department, agency,
board, commission, or office funded by this Act shall require that all
contracts within their purview that provide award fees link such fees
to successful acquisition outcomes, specifying the terms of cost,
schedule, and performance.
Sec. 538. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance
that does not meet the basic requirements of a contract.
Sec. 539. (a) None of the funds made available by this Act may be
used to relinquish the responsibility of the National
Telecommunications and Information Administration, during fiscal year
2016, with respect to Internet domain name system functions, including
responsibility with respect to the authoritative root zone file and the
Internet Assigned Numbers Authority functions.
(b) Nothwithstanding any other law, subsection (a) of this section
shall not apply in fiscal year 2017.
Sec. 540. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978, or to prevent or impede that Inspector
General's access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to the Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner. Each Inspector
General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House
of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
Sec. 541. The Department of Commerce, the National Aeronautics and
Space Administration, and the National Science Foundation shall provide
a quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose of such
travel.
Sec. 542. None of the funds made available in this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware,
Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North
Carolina, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming, or
with respect to the District of Columbia, Guam, or Puerto Rico, to
prevent any of them from implementing their own laws that authorize the
use, distribution, possession, or cultivation of medical marijuana.
Sec. 543. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2016''.
DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $41,045,562,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $27,835,183,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $12,859,152,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $27,679,066,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,463,164,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,866,891,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$702,481,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,682,942,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under sections 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,892,327,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,201,890,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$32,399,440,000: Provided, That not to exceed $12,478,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $39,600,172,000: Provided, That not to exceed
$15,055,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of the Navy,
and payments may be made on his certificate of necessity for
confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,718,074,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$35,727,457,000: Provided, That not to exceed $7,699,000 can be used
for emergencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Air Force, and payments
may be made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$32,105,040,000: Provided, That not more than $15,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity
for confidential military purposes: Provided further, That of the
funds provided under this heading, not less than $35,045,000 shall be
made available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office: Provided further, That
$9,031,000, to remain available until expended, is available only for
expenses relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available for
the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,646,911,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $998,481,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $274,526,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,980,768,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,595,483,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,820,569,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $14,078,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $234,829,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Army, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $300,000,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris of the Department of the Navy, or for
similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Navy, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $368,131,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $8,232,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $231,217,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of
unsafe buildings and debris at sites formerly used by the Department of
Defense, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and for the
same time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $103,266,000, to remain available until
September 30, 2017.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and,
with appropriate authorization by the Department of Defense and
Department of State, to countries outside of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components, and
weapons technology and expertise, and for defense and military
contacts, $358,496,000, to remain available until September 30, 2018.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,866,367,000, to remain available for obligation until
September 30, 2018.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,600,957,000, to remain available for obligation until
September 30, 2018.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,951,646,000, to remain available for obligation until September 30,
2018.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,245,426,000, to remain available for
obligation until September 30, 2018.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$5,718,811,000, to remain available for obligation until September 30,
2018.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $17,521,209,000, to remain available for obligation
until September 30, 2018.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,049,542,000, to remain available
for obligation until September 30, 2018.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $651,920,000, to remain available for
obligation until September 30, 2018.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $1,569,571,000;
Carrier Replacement Program (AP), $862,358,000;
Virginia Class Submarine, $3,346,370,000;
Virginia Class Submarine (AP), $1,971,840,000;
CVN Refueling Overhauls, $637,588,000;
CVN Refueling Overhauls (AP), $14,951,000;
DDG-1000 Program, $433,404,000;
DDG-51 Destroyer, $4,132,650,000;
Littoral Combat Ship, $1,331,591,000;
LPD-17, $550,000,000;
Afloat Forward Staging Base, $635,000,000;
LHA Replacement (AP), $476,543,000;
LX(R) (AP), $250,000,000;
Joint High Speed Vessel, $225,000,000;
TAO Fleet Oiler, $674,190,000;
T-ATS(X) Fleet Tug, $75,000,000;
LCU Replacement, $34,000,000;
Moored Training Ship (AP), $138,200,000;
Ship to Shore Connector, $210,630,000;
Service Craft, $30,014,000;
LCAC Service Life Extension Program, $80,738,000;
YP Craft Maintenance/ROH/SLEP, $21,838,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $613,758,000.
Completion of Prior Year Shipbuilding Programs, $389,305,000.
In all: $18,704,539,000, to remain available for obligation until
September 30, 2020: Provided, That additional obligations may be
incurred after September 30, 2020, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $6,484,257,000, to
remain available for obligation until September 30, 2018.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,186,812,000, to remain available for obligation
until September 30, 2018.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $15,756,853,000, to remain available for
obligation until September 30, 2018.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,912,131,000, to remain
available for obligation until September 30, 2018.
Space Procurement, Air Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,812,159,000, to remain
available for obligation until September 30, 2018.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $1,744,993,000, to remain available for
obligation until September 30, 2018.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $18,311,882,000, to remain
available for obligation until September 30, 2018.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $5,245,443,000, to remain available for obligation until
September 30, 2018.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $76,680,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$7,565,327,000, to remain available for obligation until September 30,
2017.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$18,117,677,000, to remain available for obligation until September 30,
2017: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$25,217,148,000, to remain available for obligation until September 30,
2017.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $18,695,955,000, to remain
available for obligation until September 30, 2017: Provided, That, of
the funds made available in this paragraph, $250,000,000 for the
Defense Rapid Innovation Program shall only be available for expenses,
not otherwise provided for, to include program management and
oversight, to conduct research, development, test and evaluation to
include proof of concept demonstration; engineering, testing, and
validation; and transition to full-scale production: Provided further,
That the Secretary of Defense may transfer funds provided herein for
the Defense Rapid Innovation Program to appropriations for research,
development, test and evaluation to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
30 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $188,558,000, to remain available for obligation
until September 30, 2017.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,738,768,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $474,164,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That none of the funds provided in this
paragraph shall be used to award a new contract for the construction,
acquisition, or conversion of vessels, including procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future: Provided further, That the
Secretary of the military department responsible for such procurement
may waive the restrictions in the first proviso on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on a
timely basis and that such an acquisition must be made in order to
acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$32,329,490,000; of which $29,842,167,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
for obligation until September 30, 2017, and of which up to
$14,579,612,000 may be available for contracts entered into under the
TRICARE program; of which $365,390,000, to remain available for
obligation until September 30, 2018, shall be for procurement; and of
which $2,121,933,000, to remain available for obligation until
September 30, 2017, shall be for research, development, test and
evaluation: Provided, That, notwithstanding any other provision of
law, of the amount made available under this heading for research,
development, test and evaluation, not less than $8,000,000 shall be
available for HIV prevention educational activities undertaken in
connection with United States military training, exercises, and
humanitarian assistance activities conducted primarily in African
nations: Provided further, That of the funds provided under this
heading for research, development, test and evaluation, not less than
$943,300,000 shall be made available to the United States Army Medical
Research and Materiel Command to carry out the congressionally directed
medical research programs.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $699,821,000, of which $118,198,000 shall be
for operation and maintenance, of which no less than $50,743,000 shall
be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $21,289,000 for activities on military installations and
$29,454,000, to remain available until September 30, 2017, to assist
State and local governments; $2,281,000 shall be for procurement, to
remain available until September 30, 2018, of which $2,281,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to assist
State and local governments; and $579,342,000, to remain available
until September 30, 2017, shall be for research, development, test and
evaluation, of which $569,339,000 shall only be for the Assembled
Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,050,598,000, of which $716,109,000
shall be for counter-narcotics support; $121,589,000 shall be for the
drug demand reduction program; $192,900,000 shall be for the National
Guard counter-drug program; and $20,000,000 shall be for the National
Guard counter-drug schools program: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $312,559,000, of which $310,459,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $2,100,000, to remain available until September
30, 2017, shall be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $505,206,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$4,500,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2016: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement regarding this Act,
the obligation and expenditure of amounts appropriated or otherwise
made available in this Act for those programs, projects, and activities
for which the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner provided by such
tables to the same extent as if the tables were included in the text of
this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2016: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both by
budget activity and program, project, and activity as detailed in
the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-wide''; and
(5) ``Environmental Restoration, Formerly Used Defense Sites''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer:
Provided further, That except in amounts equal to the amounts
appropriated to working capital funds in this Act, no obligations may
be made against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a budget
request for full funding of units to be procured through the
contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested in
that budget request for production beyond advance procurement
activities in the fiscal year covered by the budget, full funding
of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor under
the contract shall not be made in advance of incurred costs on
funded units; and
(4) the contract does not provide for a price adjustment based
on a failure to award a follow-on contract.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2016, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2017 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2017 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2017.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
2358 note) civilian personnel at the Department of Army Science and
Technology Reinvention Laboratories may not be managed on the basis of
the Table of Distribution and Allowances, and the management of the
workforce strength shall be done in a manner consistent with the budget
available with respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only
to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United States:
Provided further, That when adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis,
the Secretary of the service responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations that such an acquisition must be made
in order to acquire capability for national security purposes.
Sec. 8017. Of the amounts appropriated for ``Working Capital Fund,
Army'', $145,000,000 shall be available to maintain competitive rates
at the arsenals.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8020. Of the funds made available in this Act, $15,000,000
shall be available for incentive payments authorized by section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided, That a
prime contractor or a subcontractor at any tier that makes a
subcontract award to any subcontractor or supplier as defined in
section 1544 of title 25, United States Code, or a small business owned
and controlled by an individual or individuals defined under section
4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 1906 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8022. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That,
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8023. (a) Of the funds made available in this Act, not less
than $39,500,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $27,400,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities, and
drug demand reduction activities involving youth programs;
(2) $10,400,000 shall be available from ``Aircraft Procurement,
Air Force''; and
(3) $1,700,000 shall be available from ``Other Procurement, Air
Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8024. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
Provided, That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2016 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development:
Provided, That up to 1 percent of funds provided in this Act for
support of defense FFRDCs may be used for planning and design of
scientific or engineering facilities: Provided further, That the
Secretary of Defense shall notify the congressional defense committees
15 days in advance of exercising the authority in the previous proviso.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2016, not more than
5,750 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That, of the specific amount referred to
previously in this subsection, not more than 1,125 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2017 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$65,000,000.
Sec. 8025. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8026. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8027. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8028. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2016. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8029. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8030. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8031. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000.
Sec. 8032. None of the funds made available by this Act may be
used to--
(1) disestablish, or prepare to disestablish, a Senior Reserve
Officers' Training Corps program in accordance with Department of
Defense Instruction Number 1215.08, dated June 26, 2006; or
(2) close, downgrade from host to extension center, or place on
probation a Senior Reserve Officers' Training Corps program in
accordance with the information paper of the Department of the Army
titled ``Army Senior Reserve Officers' Training Corps (SROTC)
Program Review and Criteria'', dated January 27, 2014.
Sec. 8033. The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the local
community: Provided, That such regulations shall direct that the
prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2017 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2017 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2017 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8035. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2017: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2017.
Sec. 8036. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8037. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8038. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8039. None of the funds appropriated by this Act and
hereafter shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the basis of an
unsolicited proposal unless the head of the activity responsible for
the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of unique
and significant industrial accomplishment by a specific concern, or
to insure that a new product or idea of a specific concern is given
financial support: Provided, That this limitation shall not apply
to contracts in an amount of less than $25,000, contracts related
to improvements of equipment that is in development or production,
or contracts as to which a civilian official of the Department of
Defense, who has been confirmed by the Senate, determines that the
award of such contract is in the interest of the national defense.
Sec. 8040. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or employee's
place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats;
(3) an Army field operating agency established to improve the
effectiveness and efficiencies of biometric activities and to
integrate common biometric technologies throughout the Department
of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8041. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over all
performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance of
the activity or function by a contractor would be less costly to
the Department of Defense by an amount that equals or exceeds the
lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity or
function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a proposal
that would reduce costs for the Department of Defense by--
(A) not making an employer-sponsored health insurance plan
available to the workers who are to be employed in the
performance of that activity or function under the contract; or
(B) offering to such workers an employer-sponsored health
benefits plan that requires the employer to contribute less
towards the premium or subscription share than the amount that
is paid by the Department of Defense for health benefits for
civilian employees under chapter 89 of title 5, United States
Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established pursuant to
section 2 of the Javits-Wagner-O'Day Act (section 8503 of title 41,
United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with that
Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian
Organization, as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8042. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism or as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended:
``Cooperative Threat Reduction Account'', 2014/2016,
$15,000,000;
``Aircraft Procurement, Army'', 2014/2016, $9,295,000;
``Other Procurement, Army'', 2014/2016, $40,000,000;
``Aircraft Procurement, Navy'', 2014/2016, $53,415,000;
``Weapons Procurement, Navy'', 2014/2016, $888,000;
``Aircraft Procurement, Air Force'', 2014/2016, $2,300,000;
``Procurement of Ammunition, Air Force'', 2014/2016,
$6,300,000;
``Other Procurement, Air Force'', 2014/2016, $90,000,000;
``Aircraft Procurement, Army'', 2015/2017, $25,000,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army'',
2015/2017, $7,500,000;
``Other Procurement, Army'', 2015/2017, $30,000,000;
``Aircraft Procurement, Navy'', 2015/2017, $11,702,000;
``Weapons Procurement, Navy'', 2015/2017, $15,422,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2015/
2017, $8,906,000;
``Procurement, Marine Corps'', 2015/2017, $66,477,000;
``Aircraft Procurement, Air Force'', 2015/2017, $199,046,000;
``Missile Procurement, Air Force'', 2015/2017, $212,000,000;
``Other Procurement, Air Force'', 2015/2017, $17,000,000;
``Research, Development, Test and Evaluation, Army'', 2015/
2016, $9,299,000;
``Research, Development, Test and Evaluation, Navy'', 2015/
2016, $228,387,000;
``Research, Development, Test and Evaluation, Air Force'',
2015/2016, $718,500,000; and
``Research, Development, Test and Evaluation, Defense-Wide'',
2015/2016, $2,500,000.
Sec. 8043. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8044. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8045. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8046. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction or counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8047. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 103 of title 41, United States Code, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8048. None of the funds made available by this Act for
Evolved Expendable Launch Vehicle service competitive procurements may
be used unless the competitive procurements are open for award to all
certified providers of Evolved Expendable Launch Vehicle-class systems:
Provided, That the award shall be made to the provider that offers the
best value to the government: Provided further, That notwithstanding
any other provision of law, award may be made to a launch service
provider competing with any certified launch vehicle in its inventory
regardless of the country of origin of the rocket engine that will be
used on its launch vehicle, in order to ensure robust competition and
continued assured access to space.
Sec. 8049. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $20,000,000 to the United Service Organizations
and $24,000,000 to the Red Cross.
Sec. 8050. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8051. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they
contribute to the extramural budget.
Sec. 8052. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8054. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable (except
as to amount) to the expired or closed account before the end of
the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any
current appropriation account of the Department of Defense; and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of Defense
under the provisions of section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-510, as
amended (31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation discloses
that there was not in fact a negative unliquidated or unexpended
balance in the account, any charge to a current account under the
authority of this section shall be reversed and recorded against
the expired account: Provided further, That the total amount
charged to a current appropriation under this section may not
exceed an amount equal to 1 percent of the total appropriation for
that account.
Sec. 8055. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8056. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
United States Navy forces assigned to the Pacific fleet: Provided,
That the command and control relationships which existed on October 1,
2004, shall remain in force unless changes are specifically authorized
in a subsequent Act: Provided further, That this section does not
apply to administrative control of Navy Air and Missile Defense
Command.
(including transfer of funds)
Sec. 8057. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-wide'', $25,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes
and for the same time period as the appropriations to which the funds
are transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8058. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the National
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
Sec. 8059. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before such
date if the option prices are adjusted for any reason other than
the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8060. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to consolidate or relocate any element of a United States
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
Engineer (RED HORSE) outside of the United States until the Secretary
of the Air Force--
(1) completes an analysis and comparison of the cost and
infrastructure investment required to consolidate or relocate a RED
HORSE squadron outside of the United States versus within the
United States;
(2) provides to the congressional defense committees a report
detailing the findings of the cost analysis; and
(3) certifies in writing to the congressional defense
committees that the preferred site for the consolidation or
relocation yields the greatest savings for the Air Force:
Provided, That the term ``United States'' in this section does not
include any territory or possession of the United States.
Sec. 8061. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8062. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8063. The Secretary of Defense shall continue to provide a
classified quarterly report to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as directed in
the classified annex accompanying this Act.
Sec. 8064. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8065. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8066. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8067. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That, in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
(including transfer of funds)
Sec. 8068. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $76,611,750 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8069. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change
is otherwise in accordance with paragraphs (a)(1)-(3).
(c) The Director of National Intelligence and the Secretary of
Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and develop
detailed proposals for alternative financial management processes. Such
study shall include a comprehensive counterintelligence risk assessment
to ensure that none of the alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected agencies;
(2) receive certification from all affected agencies attesting
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect
counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed
alternatives and certifications to the congressional defense and
intelligence committees.
(e) This section shall not be construed to alter or affect the
application of section 1633 of the National Defense Authorization Act
for Fiscal Year 2016 to the amounts made available by this Act.
Sec. 8070. In addition to amounts provided elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, that upon the determination
of the Secretary of Defense that it shall serve the national interest,
these funds shall be available only for a grant to the Fisher House
Foundation, Inc., only for the construction and furnishing of
additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $487,595,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$55,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended; $286,526,000 shall
be for the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under the
SRBMD program, of which $150,000,000 shall be for production activities
of SRBMD missiles in the United States and in Israel to meet Israel's
defense requirements consistent with each nation's laws, regulations,
and procedures, of which not more than $90,000,000, subject to
previously established transfer procedures, may be obligated or
expended until establishment of a U.S.-Israeli production agreement for
SRBMD; $89,550,000 shall be for an upper-tier component to the Israeli
Missile Defense Architecture, of which not more than $15,000,000,
subject to previously established transfer procedures, may be obligated
or expended until establishment of a U.S.-Israeli production agreement;
and $56,519,000 shall be for the Arrow System Improvement Program
including development of a long range, ground and airborne, detection
suite: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $389,305,000 shall be
available until September 30, 2016, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2008/2016: Carrier Replacement Program $123,760,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2009/2016: LPD-17 Amphibious Transport Dock Program $22,860,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2016: CVN Refueling Overhauls Program $20,029,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2016: DDG-51 Destroyer $75,014,000;
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2016: Littoral Combat Ship $82,674,000;
(6) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2016: LPD-17 Amphibious Transport Dock Program $38,733,000;
(7) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2016: Joint High Speed Vessel $22,597,000; and
(8) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2016: Joint High Speed Vessel $3,638,000.
Sec. 8073. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 3094)
during fiscal year 2016 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2016.
Sec. 8074. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8075. The budget of the President for fiscal year 2017
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That these
documents shall include a description of the funding requested for each
contingency operation, for each military service, to include all Active
and Reserve components, and for each appropriations account: Provided
further, That these documents shall include estimated costs for each
element of expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic data
including, but not limited to, troop strength for each Active and
Reserve component, and estimates of the major weapons systems deployed
in support of each contingency: Provided further, That these documents
shall include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two preceding fiscal
years.
Sec. 8076. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8077. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $1,500,789,000.
Sec. 8078. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8079. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
(including transfer of funds)
Sec. 8080. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $20,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That any funds
transferred pursuant to this section shall retain the same period of
availability as when originally appropriated: Provided further, That
the transfer authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.
Sec. 8081. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8082. Up to $15,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:
Provided further, That funds may not be obligated to provide assistance
to any foreign country that is otherwise prohibited from receiving such
type of assistance under any other provision of law.
Sec. 8083. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2017.
Sec. 8084. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8085. (a) Not later than 60 days after the date of enactment
of this Act, the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2016: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8086. None of the funds made available by this Act may be
used to eliminate, restructure, or realign Army Contracting Command-New
Jersey or make disproportionate personnel reductions at any Army
Contracting Command-New Jersey sites without 30-day prior notification
to the congressional defense committees.
Sec. 8087. None of the funds made available by this Act may be
used to retire, divest, realign, or transfer RQ-4B Global Hawk
aircraft, or to disestablish or convert units associated with such
aircraft.
Sec. 8088. None of the funds made available by this Act for excess
defense articles, assistance under section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3456), or peacekeeping operations for the countries designated annually
to be in violation of the standards of the Child Soldiers Prevention
Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be used to
support any military training or operation that includes child
soldiers, as defined by the Child Soldiers Prevention Act of 2008,
unless such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
(including transfer of funds)
Sec. 8089. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $20,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available
for the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and
Budget must approve any transfers made under this provision.
Sec. 8090. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period
may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8091. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8092. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8093. The Department of Defense shall continue to report
incremental contingency operations costs for Operation Inherent
Resolve, Operation Freedom's Sentinel, and any named successor
operations, on a monthly basis and any other operation designated and
identified by the Secretary of Defense for the purposes of section 127a
of title 10, United States Code, on a semi-annual basis in the Cost of
War Execution Report as prescribed in the Department of Defense
Financial Management Regulation Department of Defense Instruction
7000.14, Volume 12, Chapter 23 ``Contingency Operations'', Annex 1,
dated September 2005.
(including transfer of funds)
Sec. 8094. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8095. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances and
transfer to the Defense Acquisition Workforce Development Fund in
accordance with section 1705 of title 10, United States Code.
Sec. 8096. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8097. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, intentional
infliction of emotional distress, false imprisonment, or negligent
hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that mandates
that the employee or independent contractor resolve through
arbitration any claim under title VII of the Civil Rights Act of
1964 or any tort related to or arising out of sexual assault or
harassment, including assault and battery, intentional infliction
of emotional distress, false imprisonment, or negligent hiring,
supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8098. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$121,000,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8099. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for
the physical security of personnel or for force protection purposes up
to a limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
Sec. 8100. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used by the Department of
Defense or a component thereof in contravention of the provisions of
section 130h of title 10, United States Code (as added by section 1671
of the National Defense Authorization Act for Fiscal Year 2016).
Sec. 8101. The Secretary of Defense shall report quarterly the
numbers of civilian personnel end strength by appropriation account for
each and every appropriation account used to finance Federal civilian
personnel salaries to the congressional defense committees within 15
days after the end of each fiscal quarter.
(including transfer of funds)
Sec. 8102. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2016.
Sec. 8103. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United States
Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
Sec. 8104. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire,
or modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8105. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba, to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with sections
1033 and 1034 of the National Defense Authorization Act for Fiscal Year
2016.
Sec. 8106. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
(including transfer of funds)
Sec. 8107. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8108. None of the funds made available by this Act may be
used by the Department of Defense or any other Federal agency to lease
or purchase new light duty vehicles, for any executive fleet, or for
any agency's fleet inventory, except in accordance with Presidential
Memorandum-Federal Fleet Performance, dated May 24, 2011.
Sec. 8109. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary, in consultation with the Secretary of State and
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that, to
the best of the Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of lethal military
equipment to, and the maintenance of existing lethal military
equipment for, the Government of the Syrian Arab Republic;
(2) The armed forces of the Russian Federation have withdrawn
from Crimea, other than armed forces present on military bases
subject to agreements in force between the Government of the
Russian Federation and the Government of Ukraine; and
(3) Agents of the Russian Federation have ceased taking active
measures to destabilize the control of the Government of Ukraine
over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with respect
to a waiver issued by the Secretary of Defense pursuant to subsection
(b), and not later than 90 days after the date on which such a waiver
is issued by the Secretary of Defense, the Inspector General shall
submit to the congressional defense committees a report containing the
results of the review conducted with respect to such waiver.
Sec. 8110. None of the funds made available in this Act may be
used for the purchase or manufacture of a flag of the United States
unless such flags are treated as covered items under section 2533a(b)
of title 10, United States Code.
Sec. 8111. (a) Of the funds appropriated in this Act for the
Department of Defense, amounts may be made available, under such
regulations as the Secretary of Defense may prescribe, to local
military commanders appointed by the Secretary, or by an officer or
employee designated by the Secretary, to provide at their discretion ex
gratia payments in amounts consistent with subsection (d) of this
section for damage, personal injury, or death that is incident to
combat operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided only
if--
(1) the prospective foreign civilian recipient is determined by
the local military commander to be friendly to the United States;
(2) a claim for damages would not be compensable under chapter
163 of title 10, United States Code (commonly known as the
``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a program
under subsection (a) shall not be considered an admission or
acknowledgement of any legal obligation to compensate for any damage,
personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense determines a
program under subsection (a) to be appropriate in a particular setting,
the amounts of payments, if any, to be provided to civilians determined
to have suffered harm incident to combat operations of the Armed Forces
under the program should be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which should
include such factors as cultural appropriateness and prevailing
economic conditions.
(e) Legal Advice.--Local military commanders shall receive legal
advice before making ex gratia payments under this subsection. The
legal advisor, under regulations of the Department of Defense, shall
advise on whether an ex gratia payment is proper under this section and
applicable Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia payment
offered or denied shall be kept by the local commander and on a timely
basis submitted to the appropriate office in the Department of Defense
as determined by the Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the efficacy of the
ex gratia payment program including the number of types of cases
considered, amounts offered, the response from ex gratia payment
recipients, and any recommended modifications to the program.
Sec. 8112. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
Sec. 8113. The Secretary of Defense shall post grant awards on a
public Web site in a searchable format.
Sec. 8114. None of the funds made available by this Act may be
used to realign forces at Lajes Air Force Base, Azores, Portugal, until
the Secretary of Defense certifies to the congressional defense
committees that the Secretary of Defense has determined, based on an
analysis of operational requirements, that Lajes Air Force Base is not
an optimal location for the Joint Intelligence Analysis Complex.
Sec. 8115. None of the funds made available by this Act may be
used to fund the performance of a flight demonstration team at a
location outside of the United States: Provided, That this prohibition
applies only if a performance of a flight demonstration team at a
location within the United States was canceled during the current
fiscal year due to insufficient funding.
Sec. 8116. None of the funds made available by this Act may be
used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of any
electronic communication of a United States person from a provider
of electronic communication services to the public pursuant to
section 501 of the Foreign Intelligence Surveillance Act of 1978.
(including transfer of funds)
Sec. 8117. In addition to amounts provided elsewhere in this Act
for basic allowance for housing for military personnel, including
active duty, reserve and National Guard personnel, $300,000,000 is
hereby appropriated to the Department of Defense and made available for
transfer only to military personnel accounts: Provided, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Sec. 8118. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 8119. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of any
agency funded by this Act who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8120. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of section 1054 of
the National Defense Authorization Act for Fiscal Year 2016, regarding
transfer of AH-64 Apache helicopters from the Army National Guard to
regular Army.
Sec. 8121. None of the funds made available in this Act may be
obligated for activities authorized under section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 112-81; 125 Stat. 1621) to initiate support for, or expand support
to, foreign forces, irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance with the
direction contained in the classified annex accompanying this Act, not
less than 15 days before initiating such support: Provided, That none
of the funds made available in this Act may be used under section 1208
for any activity that is not in support of an ongoing military
operation being conducted by United States Special Operations Forces to
combat terrorism: Provided further, That the Secretary of Defense may
waive the prohibitions in this section if the Secretary determines that
such waiver is required by extraordinary circumstances and, by not
later than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8122. None of the funds made available by this Act may be
used with respect to Iraq in contravention of the War Powers Resolution
(50 U.S.C. 1541 et seq.), including for the introduction of United
States armed forces into hostilities in Iraq, into situations in Iraq
where imminent involvement in hostilities is clearly indicated by the
circumstances, or into Iraqi territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such Resolution (50
U.S.C. 1542 and 1543).
Sec. 8123. None of the funds made available by this Act may be
used to divest, retire, transfer, or place in storage or on backup
aircraft inventory status, or prepare to divest, retire, transfer, or
place in storage or on backup aircraft inventory status, any A-10
aircraft, or to disestablish any units of the active or reserve
component associated with such aircraft.
Sec. 8124. Of the funds provided for ``Research, Development, Test
and Evaluation, Defense-Wide'' in this Act, not less than $2,800,000
shall be used to support the Department's activities related to the
implementation of the Digital Accountability and Transparency Act
(Public Law 113-101; 31 U.S.C. 6101 note) and to support the
implementation of a uniform procurement instrument identifier as
described in subpart 4.16 of Title 48, Code of Federal Regulations, to
include changes in business processes, workforce, or information
technology.
Sec. 8125. None of the funds provided in this Act for the T-AO(X)
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Auxiliary equipment (including
pumps) for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes: Provided, That the Secretary of the military
department responsible for such procurement may waive these
restrictions on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely and cost competitive
basis and that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8126. The amounts appropriated in title II of this Act are
hereby reduced by $389,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $138,000,000;
(2) From ``Operation and Maintenance, Air Force'',
$251,000,000.
(rescission)
Sec. 8127. Of the unobligated balances available to the Department
of Defense, the following funds are permanently rescinded from the
following accounts and programs in the specified amounts to reflect
excess cash balances in Department of Defense Working Capital Funds:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism or as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended:
From ``Defense Working Capital Fund, Defense, X'',
$1,037,000,000.
Sec. 8128. Notwithstanding any other provision of this Act, to
reflect savings due to lower than anticipated fuel costs, the total
amount appropriated in title II of this Act is hereby reduced by
$2,576,000,000.
Sec. 8129. None of the funds made available by this Act may be
used to divest or retire, or to prepare to divest or retire, KC-10
aircraft.
Sec. 8130. None of the funds made available by this Act may be
used to divest, retire, transfer, or place in storage or on backup
aircraft inventory status, or prepare to divest, retire, transfer, or
place in storage or on backup aircraft inventory status, any EC-130H
aircraft.
Sec. 8131. None of the funds made available by this Act may be
used for Government Travel Charge Card expenses by military or civilian
personnel of the Department of Defense for gaming, or for entertainment
that includes topless or nude entertainers or participants, as
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8132. None of the funds made available by this Act may be
used to propose, plan for, or execute a new or additional Base
Realignment and Closure (BRAC) round.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$1,846,356,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$251,011,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$171,079,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$726,126,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$24,462,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$12,693,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$3,393,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$18,710,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$166,015,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $2,828,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$14,994,833,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$7,169,611,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,372,534,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $11,128,813,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $5,665,633,000: Provided, That of the funds provided under
this heading, not to exceed $1,160,000,000, to remain available until
September 30, 2017, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and the Levant:
Provided further, That such reimbursement payments may be made in such
amounts as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on documentation
determined by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days following
notification to the appropriate congressional committees: Provided
further, That these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized equipment
and providing such supplies and loaning such equipment on a non-
reimbursable basis to coalition forces supporting United States
military and stability operations in Afghanistan and to counter the
Islamic State of Iraq and the Levant, and 15 days following
notification to the appropriate congressional committees: Provided
further, That these funds may be used to support the Governments of
Jordan and Lebanon, in such amounts as the Secretary of Defense may
determine, to enhance the ability of the armed forces of Jordan to
increase or sustain security along its borders and the ability of the
armed forces of Lebanon to increase or sustain security along its
borders, upon 15 days prior written notification to the congressional
defense committees outlining the amounts intended to be provided and
the nature of the expenses incurred: Provided further, That of the
funds provided under this heading, up to $30,000,000 shall be for
Operation Observant Compass: Provided further, That the Secretary of
Defense shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $99,559,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $31,643,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $3,455,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $58,106,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $135,845,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $19,900,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Counterterrorism Partnerships Fund
(including transfer of funds)
For the ``Counterterrorism Partnerships Fund'', $1,100,000,000, to
remain available until September 30, 2017: Provided, That such funds
shall be available to provide support and assistance to foreign
security forces or other groups or individuals to conduct, support, or
facilitate counterterrorism and crisis response activities: Provided
further, That the Secretary of Defense shall transfer the funds
provided herein to other appropriations provided for in this Act to be
merged with and to be available for the same purposes and subject to
the same authorities and for the same time period as the appropriation
to which transferred: Provided further, That the transfer authority
under this heading is in addition to any other transfer authority
provided elsewhere in this Act: Provided further, That the funds
available under this heading are available for transfer only to the
extent that the Secretary of Defense submits a prior approval
reprogramming request to the congressional defense committees:
Provided further, That the Secretary of Defense shall comply with the
appropriate vetting standards and procedures established in division C
of the Consolidated and Further Continuing Appropriations Act of 2015
(Public Law 113-235) for any recipient of training, equipment, or other
assistance: Provided further, That the amount provided under this
heading is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $3,652,257,000, to
remain available until September 30, 2017: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, construction, and funding: Provided
further, That the Secretary of Defense may obligate and expend funds
made available to the Department of Defense in this title for
additional costs associated with existing projects previously funded
with amounts provided under the heading ``Afghanistan Infrastructure
Fund'' in prior Acts: Provided further, That such costs shall be
limited to contract changes resulting from inflation, market
fluctuation, rate adjustments, and other necessary contract actions to
complete existing projects, and associated supervision and
administration costs and costs for design during construction:
Provided further, That the Secretary may not use more than $50,000,000
under the authority provided in this section: Provided further, That
the Secretary shall notify in advance such contract changes and
adjustments in annual reports to the congressional defense committees:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation
of any contribution, delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the congressional
defense committees in writing of the details of any such obligation:
Provided further, That the Secretary of Defense shall notify the
congressional defense committees of any proposed new projects or
transfer of funds between budget sub-activity groups in excess of
$20,000,000: Provided further, That the United States may accept
equipment procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of Afghanistan
and returned by such forces to the United States: Provided further,
That equipment procured using funds provided under this heading in this
or prior Acts, and not yet transferred to the security forces of
Afghanistan or transferred to the security forces of Afghanistan and
returned by such forces to the United States, may be treated as stocks
of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That of the funds
provided under this heading, not less than $10,000,000 shall be for
recruitment and retention of women in the Afghanistan National Security
Forces, and the recruitment and training of female security personnel:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Iraq Train and Equip Fund
For the ``Iraq Train and Equip Fund'', $715,000,000, to remain
available until September 30, 2017: Provided, That such funds shall be
available to the Secretary of Defense, in coordination with the
Secretary of State, to provide assistance, including training;
equipment; logistics support, supplies, and services; stipends;
infrastructure repair, renovation, and sustainment, to military and
other security forces of or associated with the Government of Iraq,
including Kurdish and tribal security forces or other local security
forces, with a national security mission, to counter the Islamic State
of Iraq and the Levant: Provided further, That the Secretary of
Defense shall ensure that prior to providing assistance to elements of
any forces such elements are appropriately vetted, including at a
minimum, assessing such elements for associations with terrorist groups
or groups associated with the Government of Iran; and receiving
commitments from such elements to promote respect for human rights and
the rule of law: Provided further, That the Secretary of Defense may
accept and retain contributions, including assistance in-kind, from
foreign governments, including the Government of Iraq, and other
entities, to carry out assistance authorized under this heading:
Provided further, That contributions of funds for the purposes provided
herein from any foreign government or other entities, may be credited
to this Fund, to remain available until expended, and used for such
purposes: Provided further, That not more than 25 percent of the funds
appropriated under this heading may be obligated or expended until not
fewer than 15 days after: (1) the Secretary of Defense submits a report
to the appropriate congressional committees, describing the plan for
the provision of such training and assistance and the forces designated
to receive such assistance; and (2) the President submits a report to
the appropriate congressional committees on how assistance provided
under this heading supports a larger regional strategy: Provided
further, That of the amount provided under this heading, not more than
60 percent may be obligated or expended until not fewer than 15 days
after the date on which the Secretary of Defense certifies to the
appropriate congressional committees that an amount equal to not less
than 40 percent of the amount provided under this heading has been
contributed by other countries and entities for the purposes for which
funds are provided under this heading, of which at least 50 percent
shall have been contributed or provided by the Government of Iraq:
Provided further, That the limitation in the preceding proviso shall
not apply if the Secretary of Defense determines, in writing, that the
national security objectives of the United States will be compromised
by the application of the limitation to such assistance, and notifies
the appropriate congressional committees not less than 15 days in
advance of the exemption taking effect, including a justification for
the Secretary's determination and a description of the assistance to be
exempted from the application of such limitation: Provided further,
That the Secretary of Defense may waive a provision of law relating to
the acquisition of items and support services or sections 40 and 40A of
the Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines such provisions of law would prohibit, restrict, delay or
otherwise limit the provision of such assistance and a notice of and
justification for such waiver is submitted to the appropriate
congressional committees: Provided further, That the term
``appropriate congressional committees'' under this heading means the
``congressional defense committees'', the Committees on Appropriations
and Foreign Relations of the Senate and the Committees on
Appropriations and Foreign Affairs of the House of Representatives:
Provided further, That amounts made available under this heading are
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$161,987,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$37,260,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $486,630,000, to remain available until
September 30, 2018: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$222,040,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,175,596,000, to remain available until September 30, 2018:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$210,990,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $117,966,000, to remain available until September 30,
2018: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$12,186,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$56,934,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$128,900,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$289,142,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $228,874,000, to remain available until September 30, 2018:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$3,477,001,000, to remain available until September 30, 2018:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$173,918,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $1,000,000,000, to remain
available for obligation until September 30, 2018: Provided, That the
Chiefs of National Guard and Reserve components shall, not later than
30 days after enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or modify
missiles, munitions, or ammunition: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $1,500,000, to remain available until September 30,
2017: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $35,747,000, to remain available until September
30, 2017: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $17,100,000, to remain available until
September 30, 2017: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $177,087,000, to remain available until
September 30, 2017: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$88,850,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$272,704,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $186,000,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$349,464,000, to remain available until September 30, 2018: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $10,262,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2016.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $4,500,000,000 between the appropriations or funds made available to
the Department of Defense in this title: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005 of this Act.
Sec. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project
funded with appropriations available for operation and maintenance or
the ``Afghanistan Security Forces Fund'' provided in this Act and
executed in direct support of overseas contingency operations in
Afghanistan, may be obligated at the time a construction contract is
awarded: Provided, That, for the purpose of this section, supervision
and administration costs and costs for design during construction
include all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the United States Central Command area of
responsibility: (1) passenger motor vehicles up to a limit of $75,000
per vehicle; and (2) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts appropriated by
this title under the heading ``Operation and Maintenance, Army'' may be
used, notwithstanding any other provision of law, to fund the
Commanders' Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent,
small-scale, humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project (including
any ancillary or related elements in connection with such project)
executed under this authority shall not exceed $2,000,000: Provided
further, That not later than 45 days after the end of each 6 months of
the fiscal year, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the source of funds
and the allocation and use of funds during that 6-month period that
were made available pursuant to the authority provided in this section
or under any other provision of law for the purposes described herein:
Provided further, That, not later than 30 days after the end of each
fiscal year quarter, the Army shall submit to the congressional defense
committees quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less than 15 days
before making funds available pursuant to the authority provided in
this section or under any other provision of law for the purposes
described herein for a project with a total anticipated cost for
completion of $500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing each of
the following:
(1) The location, nature and purpose of the proposed project,
including how the project is intended to advance the military
campaign plan for the country in which it is to be carried out.
(2) The budget, implementation timeline with milestones, and
completion date for the proposed project, including any other CERP
funding that has been or is anticipated to be contributed to the
completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or a
third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to
coalition forces supporting military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and the Levant:
Provided, That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees regarding support provided
under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Iraq.
(2) To exercise United States control over any oil resource of
Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United States
Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code of
Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the
Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-
148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the Department of Defense must certify to the
congressional defense committees that the AROC has convened and
approved a process for ensuring compliance with the requirements in the
preceding proviso and accompanying report language for the ASFF.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item unit cost
of not more than $500,000.
Sec. 9011. From funds made available to the Department of Defense
in this title under the heading ``Operation and Maintenance, Air
Force'', up to $80,000,000 may be used by the Secretary of Defense,
notwithstanding any other provision of law, to support United States
Government transition activities in Iraq by funding the operations and
activities of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and personal
security, and facilities renovation and construction, and site closeout
activities prior to returning sites to the Government of Iraq:
Provided, That to the extent authorized under the National Defense
Authorization Act for Fiscal Year 2016, the operations and activities
that may be carried out by the Office of Security Cooperation in Iraq
may, with the concurrence of the Secretary of State, include non-
operational training activities in support of Iraqi Minister of Defense
and Counter Terrorism Service personnel in an institutional environment
to address capability gaps, integrate processes relating to
intelligence, air sovereignty, combined arms, logistics and
maintenance, and to manage and integrate defense-related institutions:
Provided further, That not later than 30 days following the enactment
of this Act, the Secretary of Defense and the Secretary of State shall
submit to the congressional defense committees a plan for transitioning
any such training activities that they determine are needed after the
end of fiscal year 2016, to existing or new contracts for the sale of
defense articles or defense services consistent with the provisions of
the Arms Export Control Act (22 U.S.C. 2751 et seq.): Provided
further, That, not less than 15 days before making funds available
pursuant to the authority provided in this section, the Secretary of
Defense shall submit to the congressional defense committees a written
notice containing a detailed justification and timeline for the
operations and activities of the Office of Security Cooperation in Iraq
at each site where such operations and activities will be conducted
during fiscal year 2016 : Provided further, That amounts made available
by this section are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 9012. Up to $600,000,000 of funds appropriated by this Act
for the Counterterrorism Partnerships Fund may be used to provide
assistance to the Government of Jordan to support the armed forces of
Jordan and to enhance security along its borders.
Sec. 9013. None of the funds made available by this Act under the
heading ``Iraq Train and Equip Fund'' may be used to procure or
transfer man-portable air defense systems.
Sec. 9014. For the ``Ukraine Security Assistance Initiative'',
$250,000,000 is hereby appropriated, to remain available until
September 30, 2016: Provided, That such funds shall be available to
the Secretary of Defense, in coordination with the Secretary of State,
to provide assistance, including training; equipment; lethal weapons of
a defensive nature; logistics support, supplies and services;
sustainment; and intelligence support to the military and national
security forces of Ukraine, and for replacement of any weapons or
defensive articles provided to the Government of Ukraine from the
inventory of the United States: Provided further, That the Secretary
of Defense shall, not less than 15 days prior to obligating funds
provided under this heading, notify the congressional defense
committees in writing of the details of any such obligation: Provided
further, That the United States may accept equipment procured using
funds provided under this heading in this or prior Acts that was
transferred to the security forces of Ukraine and returned by such
forces to the United States: Provided further, That equipment procured
using funds provided under this heading in this or prior Acts, and not
yet transferred to the military or National Security Forces of Ukraine
or returned by such forces to the United States, may be treated as
stocks of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That amounts made
available by this section are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 9015. Funds appropriated in this title shall be available for
replacement of funds for items provided to the Government of Ukraine
from the inventory of the United States to the extent specifically
provided for in section 9014 of this Act.
Sec. 9016. None of the funds made available by this Act under
section 9014 for ``Assistance and Sustainment to the Military and
National Security Forces of Ukraine'' may be used to procure or
transfer man-portable air defense systems.
Sec. 9017. (a) None of the funds appropriated or otherwise made
available by this Act under the heading ``Operation and Maintenance,
Defense-Wide'' for payments under section 1233 of Public Law 110-181
for reimbursement to the Government of Pakistan may be made available
unless the Secretary of Defense, in coordination with the Secretary of
State, certifies to the congressional defense committees that the
Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic
and foreign terrorist organizations, including taking steps to end
support for such groups and prevent them from basing and operating
in Pakistan and carrying out cross border attacks into neighboring
countries;
(2) not supporting terrorist activities against United States
or coalition forces in Afghanistan, and Pakistan's military and
intelligence agencies are not intervening extra-judicially into
political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks and
interdicting precursor chemicals used in the manufacture of IEDs;
(4) preventing the proliferation of nuclear-related material
and expertise;
(5) implementing policies to protect judicial independence and
due process of law;
(6) issuing visas in a timely manner for United States visitors
engaged in counterterrorism efforts and assistance programs in
Pakistan; and
(7) providing humanitarian organizations access to detainees,
internally displaced persons, and other Pakistani civilians
affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary of
State, may waive the restriction in subsection (a) on a case-by-case
basis by certifying in writing to the congressional defense committees
that it is in the national security interest to do so: Provided, That
if the Secretary of Defense, in coordination with the Secretary of
State, exercises such waiver authority, the Secretaries shall report to
the congressional defense committees on both the justification for the
waiver and on the requirements of this section that the Government of
Pakistan was not able to meet: Provided further, That such report may
be submitted in classified form if necessary.
(including transfer of funds)
Sec. 9018. In addition to amounts otherwise made available in this
Act, $500,000,000 is hereby appropriated to the Department of Defense
and made available for transfer only to the operation and maintenance,
military personnel, and procurement accounts, to improve the
intelligence, surveillance, and reconnaissance capabilities of the
Department of Defense: Provided, That the transfer authority provided
in this section is in addition to any other transfer authority provided
elsewhere in this Act: Provided further, That not later than 30 days
prior to exercising the transfer authority provided in this section,
the Secretary of Defense shall submit a report to the congressional
defense committees on the proposed uses of these funds: Provided
further, That the funds provided in this section may not be transferred
to any program, project, or activity specifically limited or denied by
this Act: Provided further, That amounts made available by this
section are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the authority to provide funding under this
section shall terminate on September 30, 2016.
Sec. 9019. None of the funds made available by this Act may be
used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction of
United States armed or military forces into hostilities in Syria, into
situations in Syria where imminent involvement in hostilities is
clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and
4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9020. None of the funds in this Act may be made available for
the transfer of additional C-130 cargo aircraft to the Afghanistan
National Security Forces or the Afghanistan Air Force until the
Department of Defense provides a report to the congressional defense
committees of the Afghanistan Air Force's medium airlift requirements.
The report should identify Afghanistan's ability to utilize and
maintain existing medium lift aircraft in the inventory and the best
alternative platform, if necessary, to provide additional support to
the Afghanistan Air Force's current medium airlift capacity.
(rescission)
Sec. 9021. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended:
``Afghanistan Security Forces Fund'', 2015/2016, $400,000,000.
This division may be cited as the ``Department of Defense
Appropriations Act, 2016''.
DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $121,000,000, to
remain available until expended: Provided, That the Secretary may
initiate up to, but not more than, 10 new study starts during fiscal
year 2016: Provided further, That the new study starts will consist of
seven studies where the majority of the benefits are derived from
navigation transportation savings or from flood and storm damage
reduction and three studies where the majority of benefits are derived
from environmental restoration: Provided further, That the Secretary
shall not deviate from the new starts proposed in the work plan, once
the plan has been submitted to the Committees on Appropriations of the
House of Representatives and the Senate.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,862,250,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically provided for in
law: Provided, That the Secretary may initiate up to, but not more
than, six new construction starts during fiscal year 2016: Provided
further, That the new construction starts will consist of five projects
where the majority of the benefits are derived from navigation
transportation savings or from flood and storm damage reduction and one
project where the majority of the benefits are derived from
environmental restoration: Provided further, That for new construction
projects, project cost sharing agreements shall be executed as soon as
practicable but no later than August 31, 2016: Provided further, That
no allocation for a new start shall be considered final and no work
allowance shall be made until the Secretary provides to the Committees
on Appropriations of the House of Representatives and the Senate an
out-year funding scenario demonstrating the affordability of the
selected new starts and the impacts on other projects: Provided
further, That the Secretary may not deviate from the new starts
proposed in the work plan, once the plan has been submitted to the
Committees on Appropriations of the House of Representatives and the
Senate.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $345,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for
inland harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $3,137,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 shall be derived from that account
for resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become available
from fees collected under section 217 of Public Law 104-303 shall be
used to cover the cost of operation and maintenance of the dredged
material disposal facilities for which such fees have been collected:
Provided, That 1 percent of the total amount of funds provided for each
of the programs, projects, or activities funded under this heading
shall not be allocated to a field operating activity prior to the
beginning of the fourth quarter of the fiscal year and shall be
available for use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used for
emergency activities proportionally in accordance with the amounts
provided for the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $200,000,000, to remain
available until September 30, 2017.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $112,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$28,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $179,000,000, to remain available until September 30, 2017, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this
title shall be available to fund the civil works activities of the
Office of the Chief of Engineers or the civil works executive direction
and management activities of the division offices: Provided further,
That any Flood Control and Coastal Emergencies appropriation may be
used to fund the supervision and general administration of emergency
operations, repairs, and other activities in response to any flood,
hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $4,750,000, to remain
available until September 30, 2017: Provided, That not more than 50
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress a work plan that allocates at least 95 percent of the
additional funding provided under each heading in this title (as
designated under such heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act)) to specific programs, projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2016, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by this
Act, unless prior approval is received from the House and Senate
Committees on Appropriations;
(4) proposes to use funds directed for a specific activity for
a different purpose, unless prior approval is received from the
House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the House and
Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided, That
for a base level less than $100,000, the reprogramming limit is
$25,000: Provided further, That up to $25,000 may be reprogrammed
into any continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming limit
is $300,000: Provided further, That up to $3,000,000 may be
reprogrammed for settled contractor claims, changed conditions, or
real estate deficiency judgments: Provided further, That up to
$300,000 may be reprogrammed into any continuing study or activity
that did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: Provided, That the Chief of Engineers shall notify
the House and Senate Committees on Appropriations of these
emergency actions as soon thereafter as practicable: Provided
further, That for a base level over $1,000,000, reprogramming of 15
percent of the base amount up to a limit of $5,000,000 per project,
study, or activity is allowed: Provided further, That for a base
level less than $1,000,000, the reprogramming limit is $150,000:
Provided further, That $150,000 may be reprogrammed into any
continuing study or activity that did not receive an appropriation;
(9) Mississippi river and tributaries.--The reprogramming
guidelines in paragraphs (6), (7), and (8) shall apply to the
Investigations, Construction, and Operation and Maintenance
portions of the Mississippi River and Tributaries Account,
respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees
on Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of this Act,
the Secretary shall submit a report to the House and Senate Committees
on Appropriations to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year
which shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level;
(2) A delineation in the table for each appropriation both by
object class and program, project and activity as detailed in the
budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in
this Act solely in accordance with the provisions of this Act and the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), including the determination and
designation of new starts.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 105. None of the funds made available in this or any other
Act making appropriations for Energy and Water Development for any
fiscal year may be used by the Corps of Engineers during the fiscal
year ending September 30, 2016, to develop, adopt, implement,
administer, or enforce any change to the regulations in effect on
October 1, 2012, pertaining to the definitions of the terms ``fill
material'' or ``discharge of fill material'' for the purposes of the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
Sec. 106. None of the funds in this Act shall be used for an open
lake placement alternative of dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to 33 U.S.C. 1341.
Sec. 107. (a) Not later than 180 days after the date of enactment
of this Act, the Secretary shall execute a transfer agreement with the
South Florida Water Management District for the project identified as
the ``Ten Mile Creek Water Preserve Area Critical Restoration
Project'', carried out under section 528(b)(3) of the Water Resources
Development Act of 1996 (110 Stat. 3768).
(b) The transfer agreement under subsection (a) shall require the
South Florida Water Management District to operate the transferred
project as an environmental restoration project to provide water
storage and water treatment options.
(c) Upon execution of the transfer agreement under subsection (a),
the Ten Mile Creek Water Preserve Area Critical Restoration Project
shall no longer be authorized as a Federal project.
Sec. 108. None of the funds made available in this title may be
used for any acquisition that is not consistent with 48 CFR 225.7007.
Sec. 109. None of the funds made available by this Act may be used
to continue the study conducted by the Army Corps of Engineers pursuant
to section 5018(a)(1) of the Water Resources Development Act of 2007
(Public Law 110-114).
Sec. 110. None of the funds made available by this Act may be used
to require a permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) for
the activities identified in subparagraphs (A) and (C) of section
404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $10,000,000, to remain available until expended, of
which $1,000,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission: Provided, That of the amount
provided under this heading, $1,350,000 shall be available until
September 30, 2017, for expenses necessary in carrying out related
responsibilities of the Secretary of the Interior: Provided further,
That for fiscal year 2016, of the amount made available to the
Commission under this Act or any other Act, the Commission may use an
amount not to exceed $1,500,000 for administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $1,118,972,000, to remain available until expended, of
which $22,000 shall be available for transfer to the Upper Colorado
River Basin Fund and $5,899,000 shall be available for transfer to the
Lower Colorado River Basin Development Fund; of which such amounts as
may be necessary may be advanced to the Colorado River Dam Fund:
Provided, That such transfers may be increased or decreased within the
overall appropriation under this heading: Provided further, That of
the total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation special
fee account established by 16 U.S.C. 6806 shall be derived from that
Fund or account: Provided further, That funds contributed under 43
U.S.C. 395 are available until expended for the purposes for which the
funds were contributed: Provided further, That funds advanced under 43
U.S.C. 397a shall be credited to this account and are available until
expended for the same purposes as the sums appropriated under this
heading: Provided further, That of the amounts provided herein, funds
may be used for high-priority projects which shall be carried out by
the Youth Conservation Corps, as authorized by 16 U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $49,528,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
102-575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $37,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2017, $59,500,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act
for Water and Related Resources, or provided by previous appropriations
Acts to the agencies or entities funded in title II of this Act for
Water and Related Resources that remain available for obligation or
expenditure in fiscal year 2016, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by this Act, unless
prior approval is received from the Committees on Appropriations of
the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of
the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity for
which $2,000,000 or more is available at the beginning of the
fiscal year; or
(B) $300,000 for any program, project or activity for which
less than $2,000,000 is available at the beginning of the
fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior approval
is received from the Committees on Appropriations of the House of
Representatives and the Senate; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor
earnings due to accelerated rates of operations, and real estate
deficiency judgments, unless prior approval is received from the
Committees on Appropriations of the House of Representatives and
the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term transfer means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds reprogrammed
between programs, projects, activities, or categories of funding. The
first quarterly report shall be submitted not later than 60 days after
the date of enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. The Reclamation Safety of Dams Act of 1978 is amended
by--
(1) striking ``Construction'' and inserting ``Except as
provided in section 5B, construction'' in section 3; and
(2) inserting after section 5A (43 U.S.C. 509a) the following:
``Sec. 5B. Notwithstanding section 3, if the Secretary, in her
judgment, determines that additional project benefits, including but
not limited to additional conservation storage capacity, are necessary
and in the interests of the United States and the project and are
feasible and not inconsistent with the purposes of this Act, the
Secretary is authorized to develop additional project benefits through
the construction of new or supplementary works on a project in
conjunction with the Secretary's activities under section 2 of this Act
and subject to the conditions described in the feasibility study,
provided a cost share agreement related to the additional project
benefits is reached among non-Federal and Federal funding participants
and the costs associated with developing the additional project
benefits are allocated exclusively among beneficiaries of the
additional project benefits and repaid consistent with all provisions
of Federal Reclamation law (the Act of June 17, 1902, 43 U.S.C. 371 et
seq.) and acts supplemental to and amendatory of that Act.''.
Sec. 204. Section 5 of the Reclamation Safety of Dams Act of 1978
(43 U.S.C. 509) is amended in the first sentence--
(a) by inserting ``and effective October 1, 2015, not to exceed an
additional $1,100,000,000 (October 1, 2003, price levels),'' after
``(October 1, 2003, price levels),'';
(b) in the proviso--
(1) by striking ``$1,250,000'' and inserting ``$20,000,000'';
and
(2) by striking ``Congress'' and inserting ``Committee on
Natural Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate''; and
(3) by adding at the end the following: ``For modification
expenditures between $1,800,000 and $20,000,000 (October 1, 2015,
price levels), the Secretary of the Interior shall, at least 30
days before the date on which the funds are expended, submit
written notice of the expenditures to the Committee on Natural
Resources of the House of Representatives and Committee on Energy
and Natural Resources of the Senate that provides a summary of the
project, the cost of the project, and any alternatives that were
considered.''.
Sec. 205. The Secretary of the Interior, acting through the
Commissioner of Reclamation, shall--
(1) complete the feasibility studies described in clauses
(i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108-361
(118 Stat. 1684) and submit such studies to the appropriate
committees of the House of Representatives and the Senate not later
than December 31, 2015;
(2) complete the feasibility studies described in clauses
(i)(II) and (ii)(I) of section 103(d)(1)(A) of Public Law 108-361
and submit such studies to the appropriate committees of the House
of Representatives and the Senate not later than November 30, 2016;
(3) complete the feasibility study described in section
103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) and submit such
study to the appropriate committees of the House of Representatives
and the Senate not later than December 31, 2017; and
(4) provide a progress report on the status of the feasibility
studies referred to in paragraphs (1) through (3) to the
appropriate committees of the House of Representatives and the
Senate not later than 90 days after the date of the enactment of
this Act and each 180 days thereafter until December 31, 2017, as
applicable. The report shall include timelines for study
completion, draft environmental impact statements, final
environmental impact statements, and Records of Decision.
Sec. 206. Section 9504(e) of the Secure Water Act of 2009 (42
U.S.C. 10364(e)) is amended by striking ``$300,000,000'' and inserting
``$350,000,000''.
Sec. 207. Title I of Public Law 108-361 (the Calfed Bay-Delta
Authorization Act) (118 Stat. 1681), as amended by section 210 of
Public Law 111-85, is amended by striking ``2016'' each place it
appears and inserting ``2017''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including transfer of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,073,000,000, to
remain available until expended: Provided, That of such amount,
$155,000,000 shall be available until September 30, 2017, for program
direction: Provided further, That of the amount provided under this
heading, the Secretary may transfer up to $45,000,000 to the Defense
Production Act Fund for activities of the Department of Energy pursuant
to the Defense Production Act of 1950 (50 U.S.C. App. 2061, et seq.).
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $206,000,000, to
remain available until expended: Provided, That of such amount,
$28,000,000 shall be available until September 30, 2017, for program
direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $986,161,000, to remain available until
expended: Provided, That of such amount, $80,000,000 shall be
available until September 30, 2017, for program direction including
official reception and representation expenses not to exceed $10,000.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant
or facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $632,000,000, to remain available until expended: Provided,
That of such amount $114,202,000 shall be available until September 30,
2017, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $17,500,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $212,000,000, to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $7,600,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $122,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $255,000,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$673,749,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$32,959,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 17 passenger motor vehicles
for replacement only, including one ambulance and one bus,
$5,350,200,000, to remain available until expended: Provided, That of
such amount, $185,000,000 shall be available until September 30, 2017,
for program direction: Provided further, That of such amount, not more
than $115,000,000 shall be made available for the in-kind contributions
and related support activities of ITER: Provided further, That not
later than May 2, 2016, the Secretary of Energy shall submit to the
Committees on Appropriations of both Houses of Congress a report
recommending either that the United States remain a partner in the ITER
project after October 2017 or terminate participation, which shall
include, as applicable, an estimate of either the full cost, by fiscal
year, of all future Federal funding requirements for construction,
operation, and maintenance of ITER or the cost of termination.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $291,000,000, to remain available until expended:
Provided, That of such amount, $29,250,000 shall be available until
September 30, 2017, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses to carry out this Loan Guarantee
program, $42,000,000 is appropriated, to remain available until
September 30, 2017: Provided further, That $25,000,000 of the fees
collected pursuant to section 1702(h) of the Energy Policy Act of 2005
shall be credited as offsetting collections to this account to cover
administrative expenses and shall remain available until expended, so
as to result in a final fiscal year 2016 appropriation from the general
fund estimated at not more than $17,000,000: Provided further, That
fees collected under section 1702(h) in excess of the amount
appropriated for administrative expenses shall not be available until
appropriated: Provided further, That the Department of Energy shall
not subordinate any loan obligation to other financing in violation of
section 1702 of the Energy Policy Act of 2005 or subordinate any
Guaranteed Obligation to any loan or other debt obligations in
violation of section 609.10 of title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $6,000,000, to remain available until September 30, 2017.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$248,142,000, to remain available until September 30, 2017, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $117,171,000 in fiscal year
2016 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2016 appropriation from the general fund estimated at not more than
$130,971,000: Provided further, That of the total amount made
available under this heading, $31,297,000 is for Energy Policy and
Systems Analysis.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$46,424,000, to remain available until September 30, 2017.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $8,846,948,000, to
remain available until expended: Provided, That of such amount,
$97,118,000 shall be available until September 30, 2017, for program
direction: Provided further, That funding made available under this
heading may be made available for project engineering and design for
the Albuquerque Complex Project.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,940,302,000, to
remain available until expended.
Naval Reactors
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,375,496,000,
to remain available until expended: Provided, That of such amount,
$42,504,000 shall be available until September 30, 2017, for program
direction.
Federal Salaries and Expenses
(including rescission of funds)
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $383,666,000, to remain
available until September 30, 2017, including official reception and
representation expenses not to exceed $12,000: Provided, That of the
unobligated balances from prior year appropriations available under
this heading, $19,900,000 is hereby rescinded: Provided further, That
no amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one fire apparatus pumper truck and one armored vehicle
for replacement only, $5,289,742,000, to remain available until
expended: Provided, That of such amount $281,951,000 shall be
available until September 30, 2017, for program direction.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $776,425,000, to remain available until expended: Provided,
That of such amount, $249,137,000 shall be available until September
30, 2017, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for the
Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery, the Snake
River Sockeye Weirs and, in addition, for official reception and
representation expenses in an amount not to exceed $5,000: Provided,
That during fiscal year 2016, no new direct loan obligations may be
made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $6,900,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $6,900,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2016 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$66,500,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $47,361,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $35,961,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2016 appropriation
estimated at not more than $11,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $63,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $307,714,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $302,000,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $214,342,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2016 appropriation
estimated at not more than $93,372,000, of which $87,658,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $352,813,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $4,490,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $4,262,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2016 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2016, the
Administrator of the Western Area Power Administration may accept up to
$460,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $319,800,000,
to remain available until expended: Provided, That notwithstanding any
other provision of law, not to exceed $319,800,000 of revenues from
fees and annual charges, and other services and collections in fiscal
year 2016 shall be retained and used for expenses necessary in this
account, and shall remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2016 so as to result in a
final fiscal year 2016 appropriation from the general fund estimated at
not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer and rescissions of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction
Agreement totaling $1,000,000 or more, including a contract covered
by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award, or
Agreement in excess of the limits in subparagraph (A) or (B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A) or
(B).
(2) The Secretary of Energy shall submit to the Committees on
Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded for
the full period of performance as anticipated at the time of award;
or
(2) the contract, grant, or cooperative agreement includes a
clause conditioning the Federal Government's obligation on the
availability of future year budget authority and the Secretary
notifies the Committees on Appropriations of both Houses of
Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the ``Final
Bill'' column in the ``Department of Energy'' table included under the
heading ``Title III--Department of Energy'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify
the Committees on Appropriations of both Houses of Congress at least 30
days prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or decrease
by more than $5,000,000 or 10 percent, whichever is less, during the
time period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
Sec. 302. The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 303. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2016 until the enactment of the Intelligence
Authorization Act for fiscal year 2016.
Sec. 304. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Independent Enterprise Assessments to
ensure the project is in compliance with nuclear safety requirements.
Sec. 305. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 306. Notwithstanding section 301(c) of this Act, none of the
funds made available under the heading ``Department of Energy--Energy
Programs--Science'' in this or any subsequent Energy and Water
Development and Related Agencies appropriations Act for any fiscal year
may be used for a multiyear contract, grant, cooperative agreement, or
Other Transaction Agreement of $1,000,000 or less unless the contract,
grant, cooperative agreement, or Other Transaction Agreement is funded
for the full period of performance as anticipated at the time of award.
Sec. 307. (a) None of the funds made available in this or any prior
Act under the heading ``Defense Nuclear Nonproliferation'' may be made
available to enter into new contracts with, or new agreements for
Federal assistance to, the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in subsection
(a) if the Secretary determines that such activity is in the national
security interests of the United States. This waiver authority may not
be delegated.
(c) A waiver under subsection (b) shall not be effective until 15
days after the date on which the Secretary submits to the Committees on
Appropriations of both Houses of Congress, in classified form if
necessary, a report on the justification for the waiver.
Sec. 308. (a) New Regional Reserves.--The Secretary of Energy may
not establish any new regional petroleum product reserve unless funding
for the proposed regional petroleum product reserve is explicitly
requested in advance in an annual budget submission and approved by the
Congress in an appropriations Act.
(b) The budget request or notification shall include--
(1) the justification for the new reserve;
(2) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(3) a detailed plan for operation of the reserve, including the
conditions upon which the products may be released;
(4) the location of the reserve; and
(5) the estimate of the total inventory of the reserve.
Sec. 309. Of the amounts made available by this Act for ``National
Nuclear Security Administration--Weapons Activities'', up to
$50,000,000 may be reprogrammed within such account for Domestic
Uranium Enrichment, subject to the notice requirement in section
301(e).
Sec. 310. (a) Unobligated balances available from appropriations
are hereby rescinded from the following accounts of the Department of
Energy in the specified amounts:
(1) ``Energy Programs--Energy Efficiency and Renewable Energy'',
$1,355,149.00 from Public Law 110-161; $627,299.24 from Public Law 111-
8; and $1,824,051.94 from Public Law 111-85.
(2) ``Energy Programs--Science'', $3,200,000.00.
(b) No amounts may be rescinded by this section from amounts that
were designated by the Congress as an emergency requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 311. Notwithstanding any other provision of law, the
provisions of 40 U.S.C. 11319 shall not apply to funds appropriated in
this title to Federally Funded Research and Development Centers
sponsored by the Department of Energy.
Sec. 312. None of the funds made available in this Act may be
used--
(1) to implement or enforce section 430.32(x) of title 10, Code
of Federal Regulations; or
(2) to implement or enforce the standards established by the
tables contained in section 325(i)(1)(B) of the Energy Policy and
Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect to BPAR
incandescent reflector lamps, BR incandescent reflector lamps, and
ER incandescent reflector lamps.
Sec. 313. (a) Of the funds appropriated in prior Acts under the
headings ``Fossil Energy Research and Development'' and ``Clean Coal
Technology'' for prior solicitations under the Clean Coal Power
Initiative and FutureGen, not less than $160,000,000 from projects
selected under such solicitations that have not reached financial close
and have not secured funding sufficient to construct the project prior
to 30 days after the date of enactment of this Act shall be
deobligated, if necessary, shall be utilized for previously selected
demonstration projects under such solicitations that have reached
financial close or have otherwise secured funding sufficient to
construct the project prior to 30 days after the date of enactment of
this Act, and shall be allocated among such projects in proportion to
the total financial contribution by the recipients to those projects
stipulated in their respective cooperative agreements.
(b) Funds utilized pursuant to subsection (a) shall be administered
in accordance with the provisions in the Act in which the funds for
those demonstration projects were originally appropriated, except that
financial assistance for costs in excess of those estimated as of the
date of award of the original financial assistance may be provided in
excess of the proportion of costs borne by the Government in the
original agreement and shall not be limited to 25 percent of the
original financial assistance.
(c) No amounts may be repurposed pursuant to this section from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
(d) This section shall be fully implemented not later than 60 days
after the date of enactment of this Act.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C.
14704, and for expenses necessary for the Federal Co-Chairman and the
Alternate on the Appalachian Regional Commission, for payment of the
Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $146,000,000, to remain available until
expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $29,150,000, to
remain available until September 30, 2017.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382C(b)(2), 382F(d), 382M, and
382N of said Act, $25,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $11,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $7,500,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $990,000,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $7,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2017,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the
Commission: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$872,864,000 in fiscal year 2016 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced by the
amount of revenues received during fiscal year 2016 so as to result in
a final fiscal year 2016 appropriation estimated at not more than
$117,136,000: Provided further, That of the amounts appropriated under
this heading, $10,000,000 shall be for university research and
development in areas relevant to their respective organization's
mission, and $5,000,000 shall be for a Nuclear Science and Engineering
Grant Program that will support multiyear projects that do not align
with programmatic missions but are critical to maintaining the
discipline of nuclear science and engineering.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$12,136,000, to remain available until September 30, 2017: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,060,000 in fiscal year 2016
shall be retained and be available until September 30, 2017, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2016 so as to result in a final fiscal year
2016 appropriation estimated at not more than $2,076,000: Provided
further, That of the amounts appropriated under this heading, $958,000
shall be for Inspector General services for the Defense Nuclear
Facilities Safety Board, which shall not be available from fee
revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $3,600,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2017.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in (a) if compliance with such requirement would pose a
substantial risk to human health, the environment, welfare, or national
security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
Sec. 403. Public Law 105-277, division A, section 101(g) (title
III, section 329(a), (b)) is amended by inserting, in subsection (b),
after ``State law'' and before the period the following: ``or for the
construction and repair of barge mooring points and barge landing sites
to facilitate pumping fuel from fuel transport barges into bulk fuel
storage tanks.''.
TITLE V
GENERAL PROVISIONS
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2016''.
DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2016
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of,
and purchase of commercial insurance policies for, real properties
leased or owned overseas, when necessary for the performance of
official business; executive direction program activities;
international affairs and economic policy activities; domestic finance
and tax policy activities, including technical assistance to Puerto
Rico; and Treasury-wide management policies and programs activities,
$222,500,000: Provided, That of the amount appropriated under this
heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of a
confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted for
solely on the Secretary's certificate; and
(3) not to exceed $22,200,000 shall remain available until
September 30, 2017, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund; and
(D) the development and implementation of programs within
the Office of Critical Infrastructure Protection and Compliance
Policy, including entering into cooperative agreements.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, money launderers, drug kingpins, and other
national security threats, $117,000,000: Provided, That of the amount
appropriated under this heading: (1) not to exceed $27,100,000 is
available for administrative expenses; and (2) $5,000,000, to remain
available until September 30, 2017.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $5,000,000, to
remain available until September 30, 2018: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to support or supplement ``Internal Revenue
Service, Operations Support'' or ``Internal Revenue Service, Business
Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$35,416,000, including hire of passenger motor vehicles; of which not
to exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2017, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of
which not to exceed $1,000 shall be available for official reception
and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; $167,275,000, of which $5,000,000 shall remain
available until September 30, 2017; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not to exceed
$500,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $40,671,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $10,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$112,979,000, of which not to exceed $34,335,000 shall remain available
until September 30, 2018.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$700,000,000 are rescinded.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $363,850,000; of which not to exceed $4,210,000, to remain
available until September 30, 2018, is for information systems
modernization initiatives; of which $5,000 shall be available for
official reception and representation expenses; and of which not to
exceed $19,800,000, to remain available until September 30, 2018, is to
support the Department's activities related to implementation of the
Digital Accountability and Transparency Act (DATA Act; Public Law 113-
101), including changes in business processes, workforce, or
information technology to support high quality, transparent Federal
spending information.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$106,439,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2016 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $20,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvements Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-3, $233,523,000. Of the amount
appropriated under this heading--
(1) not less than $153,423,000, notwithstanding section 108(e)
of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to Small and/
or Emerging Community Development Financial Institutions Assistance
awards, is available until September 30, 2017, for financial
assistance and technical assistance under subparagraphs (A) and (B)
of section 108(a)(1), respectively, of Public Law 103-325 (12
U.S.C. 4707(a)(1)(A) and (B)), of which up to $3,102,500 may be
used for the cost of direct loans: Provided, That the cost of
direct and guaranteed loans, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal amount
of direct loans not to exceed $25,000,000;
(2) not less than $15,500,000, notwithstanding section 108(e)
of Public Law 103-325 (12 U.S.C. 4707(e)), is available until
September 30, 2017, for financial assistance, technical assistance,
training and outreach programs designed to benefit Native American,
Native Hawaiian, and Alaskan Native communities and provided
primarily through qualified community development lender
organizations with experience and expertise in community
development banking and lending in Indian country, Native American
organizations, tribes and tribal organizations, and other suitable
providers;
(3) not less than $19,000,000 is available until September 30,
2017, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections (d)
and (e) of section 108 of Public Law 103-325 (12 U.S.C. 4707(d) and
(e)), is available until September 30, 2017, for a Healthy Food
Financing Initiative to provide financial assistance, technical
assistance, training, and outreach to community development
financial institutions for the purpose of offering affordable
financing and technical assistance to expand the availability of
healthy food options in distressed communities;
(5) up to $23,600,000 is available until September 30, 2016,
for administrative expenses, including administration of CDFI fund
programs and the New Markets Tax Credit Program, of which not less
than $1,000,000 is for capacity building to expand CDFI investments
in underserved rural areas, and up to $300,000 is for
administrative expenses to carry out the direct loan program; and
(6) during fiscal year 2016, none of the funds available under
this heading are available for the cost, as defined in section 502
of the Congressional Budget Act of 1974, of commitments to
guarantee bonds and notes under section 114A of the Riegle
Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4713a): Provided, That commitments to guarantee bonds and
notes under such section 114A shall not exceed $750,000,000:
Provided further, That such section 114A shall remain in effect
until September 30, 2016.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,156,554,000, of which not less than
$6,500,000 shall be for the Tax Counseling for the Elderly Program, of
which not less than $12,000,000 shall be available for low-income
taxpayer clinic grants, and of which not less than $15,000,000, to
remain available until September 30, 2017, shall be available for a
Community Volunteer Income Tax Assistance matching grants program for
tax return preparation assistance, of which not less than $206,000,000
shall be available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for the Taxpayer
Advocate Service, not less than $5,000,000 shall be for identity theft
casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,860,000,000, of which not to exceed
$50,000,000 shall remain available until September 30, 2017, and of
which not less than $60,257,000 shall be for the Interagency Crime and
Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics
of income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,638,446,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2017; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2018, for research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided, That not
later than 30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate and the Comptroller General
of the United States detailing the cost and schedule performance for
its major information technology investments, including the purpose and
life-cycle stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and strategies the
Internal Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to be
incurred in the next quarter: Provided further, That the Internal
Revenue Service shall include, in its budget justification for fiscal
year 2017, a summary of cost and schedule performance information for
its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $290,000,000, to remain available until
September 30, 2018, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 30 days after the end of
each quarter, the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General of the United States detailing the
cost and schedule performance for CADE 2 and Modernized e-File
information technology investments, including the purposes and life-
cycle stages of the investments; the reasons for any cost and schedule
variances; the risks of such investments and the strategies the
Internal Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to be
incurred in the next quarter.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. None of the funds made available to the Internal Revenue
Service by this Act may be used to make a video unless the Service-Wide
Video Editorial Board determines in advance that making the video is
appropriate, taking into account the cost, topic, tone, and purpose of
the video.
Sec. 106. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 107. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 108. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory
scrutiny based on their ideological beliefs.
Sec. 109. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the
Treasury Inspector General for Tax Administration entitled ``Review of
the August 2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 110. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award, or
recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee,
unless such program or process takes into account the conduct and
Federal tax compliance of such employee or former employee.
Sec. 111. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 112. Except to the extent provided in section 6014, 6020, or
6201(d) of the Internal Revenue Code of 1986, no funds in this or any
other Act shall be available to the Secretary of the Treasury to
provide to any person a proposed final return or statement for use by
such person to satisfy a filing or reporting requirement under such
Code.
Sec. 113. In addition to the amounts otherwise made available in
this Act for the Internal Revenue Service, $290,000,000, to be
available until September 30, 2017, shall be transferred by the
Commissioner to the ``Taxpayer Services'', ``Enforcement'', or
``Operations Support'' accounts of the Internal Revenue Service for an
additional amount to be used solely for measurable improvements in the
customer service representative level of service rate, to improve the
identification and prevention of refund fraud and identity theft, and
to enhance cybersecurity to safeguard taxpayer data: Provided, That
such funds shall supplement, not supplant any other amounts made
available by the Internal Revenue Service for such purpose: Provided
further, That such funds shall not be available until the Commissioner
submits to the Committees on Appropriations of the House of
Representatives and the Senate a spending plan for such funds:
Provided further, That such funds shall not be used to support any
provision of Public Law 111-148, Public Law 111-152, or any amendment
made by either such Public Law.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 114. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 115. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Inspector General'', ``Special
Inspector General for the Troubled Asset Relief Program'', ``Financial
Crimes Enforcement Network'', ``Bureau of the Fiscal Service'', and
``Alcohol and Tobacco Tax and Trade Bureau'' may be transferred between
such appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That, upon advance approval of such Committees, not to exceed
2 percent of any such appropriations may be transferred to the ``Office
of Terrorism and Financial Intelligence'': Provided further, That no
transfer under this section may increase or decrease any such
appropriation by more than 2 percent.
Sec. 116. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 117. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 118. The Secretary of the Treasury may transfer funds from
the ``Bureau of the Fiscal Service-Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 120. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 121. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2016 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2016.
Sec. 122. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 123. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the Senate and
the House of Representatives not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 124. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives and the
Senate Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by object
class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within each
office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 125. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided
by the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing
in the Franchise Fund.
Sec. 126. The Secretary of the Treasury, in consultation with the
appropriate agencies, departments, bureaus, and commissions that have
expertise in terrorism and complex financial instruments, shall provide
a report to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Financial Services of the
House of Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate not later than 90 days after the date of
enactment of this Act on economic warfare and financial terrorism.
Sec. 127. During fiscal year 2016--
(1) none of the funds made available in this or any other Act
may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for the
promotion of social welfare for purposes of section 501(c)(4) of
the Internal Revenue Code of 1986 (including the proposed
regulations published at 78 Fed. Reg. 71535 (November 29, 2013));
and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply after
the date of the enactment of this Act for purposes of determining
status under section 501(c)(4) of such Code of organizations
created on, before, or after such date.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2016''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $12,723,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report setting forth
the reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such expenses,
the amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $750,000, to
remain available until expended, for required maintenance, resolution
of safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,195,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $12,800,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $96,116,000, of which not to exceed
$7,994,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $95,000,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That of the funds made available for
the Office of Management and Budget by this Act, no less than one full-
time equivalent senior staff position shall be dedicated solely to the
Office of the Intellectual Property Enforcement Coordinator: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable laws,
regulations, and requirements relevant to the Civil Works water
resource planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $20,047,000:
Provided, That the Office is authorized to accept, hold, administer,
and utilize gifts, both real and personal, public and private, without
fiscal year limitation, for the purpose of aiding or facilitating the
work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $250,000,000,
to remain available until September 30, 2017, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for auditing
services and associated activities: Provided further, That,
notwithstanding the requirements of Public Law 106-58, any unexpended
funds obligated prior to fiscal year 2014 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as of
September 30, 2015, shall be funded at not less than the fiscal year
2015 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels based on clearly articulated
priorities and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the initial
allocation of fiscal year 2016 funding among HIDTAs not later than 45
days after enactment of this Act, and shall notify the Committees of
planned uses of discretionary HIDTA funding, as determined in
consultation with the HIDTA Directors, not later than 90 days after
enactment of this Act: Provided further, That upon a determination
that all or part of the funds so transferred from this appropriation
are not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House of
Representatives and the Senate, such amounts may be transferred back to
this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $109,810,000, to remain available until expended, which shall
be available as follows: $95,000,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,060,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of
Public Law 109-469: Provided, That amounts made available under this
heading may be transferred to other Federal departments and agencies to
carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $800,000, to remain available
until September 30, 2017.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $30,000,000, to remain available until expended:
Provided, That the Director of the Office of Management and Budget may
transfer these funds to one or more other agencies to carry out
projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,228,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $299,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, transfer not to exceed 10 percent of any such appropriation
to any other such appropriation, to be merged with and available for
the same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not
be increased by more than 50 percent by such transfers: Provided
further, That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. Within 90 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate on the costs of implementing the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public Law 111-
203). Such report shall include--
(1) the estimated mandatory and discretionary obligations of
funds through fiscal year 2018, by Federal agency and by fiscal
year, including--
(A) the estimated obligations by cost inputs such as rent,
information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate such
estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
(2) the estimated receipts through fiscal year 2018 from
assessments, user fees, and other fees by the Federal agency making
the collections, by fiscal year, including--
(A) the methodology and data sources used to calculate such
estimated collections; and
(B) the specific section of such Act that authorizes the
collection of funds.
Sec. 203. (a) During fiscal year 2016, any Executive order or
Presidential memorandum issued by the President shall be accompanied by
a written statement from the Director of the Office of Management and
Budget on the budgetary impact, including costs, benefits, and
revenues, of such order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such order
or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations and
outlays as the result of such order or memorandum, listed by
Federal agency, for each year in the 5-fiscal year period beginning
in fiscal year 2016; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year period
beginning in fiscal year 2016.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2016 due to a national emergency, the Director of
the Office of Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that such order or
memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda
shall only apply for Presidential memoranda estimated to have a
regulatory cost in excess of $100,000,000.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2016''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $75,838,000, of which $2,000,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $9,964,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $30,872,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $18,160,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $4,918,969,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$6,050,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,004,949,000, to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $44,199,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $538,196,000, of which not to exceed $15,000,000 shall remain
available until expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $85,665,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $27,719,000; of which $1,800,000 shall
remain available through September 30, 2017, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $17,570,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3314(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the second
sentence (relating to the District of Kansas) following paragraph (12),
by striking ``24 years and 6 months'' and inserting ``25 years and 6
months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``22 years and 6 months'' and
inserting ``23 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``13 years'' and
inserting ``14 years'';
(2) in the second sentence (relating to the central District of
California), by striking ``12 years and 6 months'' and inserting
``13 years and 6 months''; and
(3) in the third sentence (relating to the western district of
North Carolina), by striking ``11 years'' and inserting ``12
years''.
Sec. 307. Section 3602(a) of title 18, United States Code, is
amended--
(1) by inserting after the first sentence: ``A person appointed
as a probation officer in one district may serve in another
district with the consent of the appointing court and the court in
the other district.''; and
(2) by inserting in the last sentence ``appointing'' before
``court may, for cause''.
This title may be cited as the ``Judiciary Appropriations Act,
2016''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$40,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$13,000,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$274,401,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,192,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $123,638,000, of which not to exceed
$2,500 is for official reception and representation expenses; for the
District of Columbia Court System, $73,981,000, of which not to exceed
$2,500 is for official reception and representation expenses; and
$62,590,000, to remain available until September 30, 2017, for capital
improvements for District of Columbia courthouse facilities: Provided,
That funds made available for capital improvements shall be expended
consistent with the District of Columbia Courts master plan study and
facilities condition assessment: Provided further, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That 30 days after providing written notice to the
Committees on Appropriations of the House of Representatives and the
Senate, the District of Columbia Courts may reallocate not more than
$6,000,000 of the funds provided under this heading among the items and
entities funded under this heading: Provided further, That the Joint
Committee on Judicial Administration in the District of Columbia may,
by regulation, establish a program substantially similar to the program
set forth in subchapter II of chapter 35 of title 5, United States
Code, for employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$49,890,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of Columbia:
Provided further, That, notwithstanding any other provision of law,
this appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$244,763,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, of which not to exceed $25,000 is
for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $182,406,000 shall be for necessary expenses of
Community Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to protection
orders or the provision of services for or related to such persons, of
which up to $3,159,000 shall remain available until September 30, 2018,
for the relocation of offender supervision field offices; and of which
$62,357,000 shall be available to the Pretrial Services Agency:
Provided, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies:
Provided further, That amounts under this heading may be used for
programmatic incentives for offenders and defendants successfully
meeting terms of supervision: Provided further, That the Director is
authorized to accept and use gifts in the form of in-kind contributions
of the following: space and hospitality to support offender and
defendant programs; equipment, supplies, clothing, and professional
development and vocational training services and items necessary to
sustain, educate, and train offenders and defendants, including their
dependent children; and programmatic incentives for offenders and
defendants meeting terms of supervision: Provided further, That the
Director shall keep accurate and detailed records of the acceptance and
use of any gift under the previous proviso, and shall make such records
available for audit and public inspection: Provided further, That the
Court Services and Offender Supervision Agency Director is authorized
to accept and use reimbursement from the District of Columbia
Government for space and services provided on a cost reimbursable
basis.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $40,889,000: Provided, That notwithstanding
any other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies: Provided further, That,
notwithstanding section 1342 of title 31, United States Code, and in
addition to the authority provided by the District of Columbia Code
Section 2-1607(b), upon approval of the Board of Trustees, the District
of Columbia Public Defender Service may accept and use voluntary and
uncompensated services for the purpose of aiding or facilitating the
work of the District of Columbia Public Defender Service: Provided
further, That, notwithstanding District of Columbia Code section 2-
1603(d), for the purpose of any action brought against the Board of the
Trustees of the District of Columbia Public Defender Service at any
time during fiscal year 2016 or any previous fiscal year, the trustees
shall be deemed to be employees of the Public Defender Service.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $14,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan:
Provided, That the District of Columbia Water and Sewer Authority
provides a 100 percent match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$1,900,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2017, to the Commission on Judicial Disabilities and Tenure, $295,000,
and for the Judicial Nomination Commission, $270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $45,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125
Stat. 211) including students who were not offered a scholarship during
any previous school year: Provided further, That within funds provided
for opportunity scholarships $3,200,000 shall be for the activities
specified in sections 3007(b) through 3007(d) and 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$435,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth under the
heading ``District of Columbia Funds Summary of Expenses'' and at the
rate set forth under such heading, as included in the Fiscal Year 2016
Budget Request Act of 2015 submitted to the Congress by the District of
Columbia as amended as of the date of enactment of this Act: Provided,
That notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (section 1-
204.50a, D.C. Official Code), sections 816 and 817 of the Financial
Services and General Government Appropriations Act, 2009 (secs. 47-
369.01 and 47-369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses for
the District of Columbia for fiscal year 2016 under this heading shall
not exceed the estimates included in the Fiscal Year 2016 Budget
Request Act of 2015 submitted to Congress by the District of Columbia
as amended as of the date of enactment of this Act or the sum of the
total revenues of the District of Columbia for such fiscal year:
Provided further, That the amount appropriated may be increased by
proceeds of one-time transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further, That such
increases shall be approved by enactment of local District law and
shall comply with all reserve requirements contained in the District of
Columbia Home Rule Act: Provided further, That the Chief Financial
Officer of the District of Columbia shall take such steps as are
necessary to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief Financial Officer
of the appropriations and funds made available to the District during
fiscal year 2016, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2016''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,100,000, to
remain available until September 30, 2017, of which not to exceed
$1,000 is for official reception and representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $125,000,000, of which
not less than $1,000,000 shall remain available until September 30,
2017, to reduce the costs of third party testing associated with
certification of children's products under section 14 of the Consumer
Product Safety Act (15 U.S.C. 2063).
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $9,600,000, of which $1,500,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act
of 2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $339,844,000, to remain available until expended: Provided, That
in addition, $44,168,497 shall be made available until expended for
necessary expenses associated with moving to a new facility or
reconfiguring the existing space to significantly reduce space
consumption: Provided further, That $384,012,497 of offsetting
collections shall be assessed and collected pursuant to section 9 of
title I of the Communications Act of 1934, shall be retained and used
for necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be reduced as
such offsetting collections are received during fiscal year 2016 so as
to result in a final fiscal year 2016 appropriation estimated at $0:
Provided further, That any offsetting collections received in excess of
$384,012,497 in fiscal year 2016 shall not be available for obligation:
Provided further, That remaining offsetting collections from prior
years collected in excess of the amount specified for collection in
each such year and otherwise becoming available on October 1, 2015,
shall not be available for obligation: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a
competitive bidding system that may be retained and made available for
obligation shall not exceed $117,000,000 for fiscal year 2016:
Provided further, That, of the amount appropriated under this heading,
not less than $11,600,000 shall be for the salaries and expenses of the
Office of Inspector General.
administrative provisions--federal communications commission
Sec. 501. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2016'',
each place it appears and inserting ``December 31, 2017''.
Sec. 502. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004 recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$34,568,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $76,119,000, of which $5,000,000 shall
remain available until September 30, 2017, for lease expiration and
replacement lease expenses; and of which not to exceed $5,000 shall be
available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$26,200,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding
31 U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $306,900,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $124,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any other
provision of law, not to exceed $14,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2016, so as to result in a final fiscal
year 2016 appropriation from the general fund estimated at not more
than $168,900,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $10,196,124,000, of which--
(1) $1,607,738,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $341,000,000 shall be for the DHS Consolidation at St.
Elizabeths;
(B) $105,600,000 shall be for the Alexandria Bay, New York,
Land Port of Entry;
(C) $85,645,000 shall be for the Columbus, New Mexico, Land
Port of Entry;
(D) $947,760,000 shall be for new construction projects of
the Federal Judiciary as prioritized in the ``Federal Judiciary
Courthouse Project Priorities'' plan approved by the Judicial
Conference of the United States on September 17, 2015, and
submitted to the House and Senate Committees on Appropriations
on September 28, 2015;
(E) $52,733,000 shall be for new construction and
acquisition projects that are joint United States courthouses
and Federal buildings, including U.S. Post Offices, on the
``FY2015-FY2019 Five-Year Capital Investment Plan'' submitted
by the General Services Administration to the House and Senate
Committees on Appropriations with the agency's fiscal year 2016
Congressional Justification; and
(F) $75,000,000 shall be for construction management and
oversight activities, and other project support costs, for the
FBI Headquarters Consolidation:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the extent
that savings are effected in other such projects, but not to exceed
10 percent of the amounts included in a transmitted prospectus, if
required, unless advance approval is obtained from the Committees
on Appropriations of a greater amount;
(2) $735,331,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $310,331,000 is for Major Repairs and Alterations;
(B) $300,000,000 is for Basic Repairs and Alterations; and
(C) $125,000,000 is for Special Emphasis Programs, of
which--
(i) $20,000,000 is for Fire and Life Safety;
(ii) $20,000,000 is for Judiciary Capital Security;
(iii) $10,000,000 is for Energy and Water Retrofit and
Conservation Measures; and
(iv) $75,000,000 is for Consolidation Activities:
Provided, That consolidation projects result in reduced
annual rent paid by the tenant agency: Provided further,
That no consolidation project exceed $20,000,000 in costs:
Provided further, That consolidation projects are approved
by each of the committees specified in section 3307(a) of
title 40, United States Code: Provided further, That
preference is given to consolidation projects that achieve
a utilization rate of 130 usable square feet or less per
person for office space: Provided further, That the
obligation of funds under this paragraph for consolidation
activities may not be made until 10 days after a proposed
spending plan and explanation for each project to be
undertaken, including estimated savings, has been submitted
to the Committees on Appropriations of the House of
Representatives and the Senate:
Provided, That funds made available in this or any previous Act
in the Federal Buildings Fund for Repairs and Alterations shall,
for prospectus projects, be limited to the amount identified for
each project, except each project in this or any previous Act may
be increased by an amount not to exceed 10 percent unless advance
approval is obtained from the Committees on Appropriations of a
greater amount: Provided further, That additional projects for
which prospectuses have been fully approved may be funded under
this category only if advance approval is obtained from the
Committees on Appropriations: Provided further, That the amounts
provided in this or any prior Act for ``Repairs and Alterations''
may be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum standards
for security in accordance with current law and in compliance with
the reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference between
the funds appropriated and expended on any projects in this or any
prior Act, under the heading ``Repairs and Alterations'', may be
transferred to Basic Repairs and Alterations or used to fund
authorized increases in prospectus projects: Provided further,
That the amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the Government
arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in prospectus
projects;
(3) $5,579,055,000 for rental of space to remain available
until expended; and
(4) $2,274,000,000 for building operations to remain available
until expended, of which $1,137,000,000 is for building services,
and $1,137,000,000 is for salaries and expenses: Provided further,
That not to exceed 5 percent of any appropriation made available
under this paragraph for building operations may be transferred
between and merged with such appropriations upon notification to
the Committees on Appropriations of the House of Representatives
and the Senate, but no such appropriation shall be increased by
more than 5 percent by any such transfers: Provided further, That
section 508 of this title shall not apply with respect to funds
made available under this heading for building operations:
Provided further, That the total amount of funds made available
from this Fund to the General Services Administration shall not be
available for expenses of any construction, repair, alteration and
acquisition project for which a prospectus, if required by 40
U.S.C. 3307(a), has not been approved, except that necessary funds
may be expended for each project for required expenses for the
development of a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control
as may be appropriate to enable the United States Secret Service to
perform its protective functions pursuant to 18 U.S.C. 3056, shall
be available from such revenues and collections: Provided further,
That revenues and collections and any other sums accruing to this
Fund during fiscal year 2016, excluding reimbursements under 40
U.S.C. 592(b)(2), in excess of the aggregate new obligational
authority authorized for Real Property Activities of the Federal
Buildings Fund in this Act shall remain in the Fund and shall not
be available for expenditure except as authorized in appropriations
Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109; $58,000,000.
operating expenses
(including transfer of funds)
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction, management, and communications; the Civilian Board of
Contract Appeals; and services as authorized by 5 U.S.C. 3109;
$58,560,000, of which $25,979,000 is for Real and Personal Property
Management and Disposal; $23,397,000 is for the Office of the
Administrator, of which not to exceed $7,500 is for official reception
and representation expenses; and $9,184,000 is for the Civilian Board
of Contract Appeals: Provided, That not to exceed 5 percent of the
appropriation made available under this heading for Office of the
Administrator may be transferred to the appropriation for the Real and
Personal Property Management and Disposal upon notification to the
Committees on Appropriations of the House of Representatives and the
Senate, but the appropriation for the Real and Personal Property
Management and Disposal may not be increased by more than 5 percent by
any such transfer.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $65,000,000, of which $2,000,000
is available until expended: Provided, That not to exceed $50,000
shall be available for payment for information and detection of fraud
against the Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed $2,500 shall
be available for awards to employees of other Federal agencies and
private citizens in recognition of efforts and initiatives resulting in
enhanced Office of Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $3,277,000.
pre-election presidential transition
(including transfer of funds)
For activities authorized by the Pre-Election Presidential
Transition Act of 2010 (Public Law 111-283), not to exceed $13,278,000,
to remain available until September 30, 2017: Provided, That such
amounts may be transferred and credited to ``Acquisition Services
Fund'' or ``Federal Buildings Fund'' to reimburse obligations incurred
for the purposes provided herein in fiscal year 2015 and 2016:
Provided further, That amounts made available under this heading shall
be in addition to any other amounts available for such purposes.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 40 U.S.C. 323
and 44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to enhance its
ability to conduct activities electronically, through the development
and implementation of innovative uses of information technology;
$55,894,000, to be deposited into the Federal Citizen Services Fund:
Provided, That the previous amount may be transferred to Federal
agencies to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues, reimbursements,
and collections deposited into the Fund shall be available until
expended for necessary expenses of Federal Citizen Services and other
activities that enable the Federal Government to enhance its ability to
conduct activities electronically in the aggregate amount not to exceed
$90,000,000: Provided further, That appropriations, revenues,
reimbursements, and collections accruing to this Fund during fiscal
year 2016 in excess of such amount shall remain in the Fund and shall
not be available for expenditure except as authorized in appropriations
Acts: Provided further, That any appropriations provided to the
Electronic Government Fund that remain unobligated may be transferred
to the Federal Citizen Services Fund: Provided further, That the
transfer authorities provided herein shall be in addition to any other
transfer authority provided in this Act.
administrative provisions--general services administration
(including transfer of funds)
Sec. 510. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 511. Funds in the Federal Buildings Fund made available for
fiscal year 2016 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 512. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2017
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved 5-year construction plan; and
(3) includes a standardized courtroom utilization study of each
facility to be constructed, replaced, or expanded.
Sec. 513. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 514. From funds made available under the heading Federal
Buildings Fund, Limitations on Availability of Revenue, claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 515. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 516. With respect to each project funded under the heading
``Major Repairs and Alterations'' or ``Judiciary Capital Security
Program'', and with respect to E-Government projects funded under the
heading ``Federal Citizen Services Fund'', the Administrator of General
Services shall submit a spending plan and explanation for each project
to be undertaken to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the date of
enactment of this Act.
Sec. 517. With respect to each project funded under the heading of
``new construction projects of the Federal Judiciary'', the General
Services Administration, in consultation with the Administrative Office
of the United States Courts, shall submit a spending plan and
description for each project to be undertaken to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 120 days after the date of enactment of this Act.
Sec. 518. With respect to each project funded under the heading of
``joint United States courthouses and Federal buildings, including U.S.
Post Offices'', the General Services Administration shall submit a
spending plan and explanation for the projects to be undertaken to the
Committees on Appropriations of the House of Representatives and the
Senate not later than 60 days after the date of enactment of this Act.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $1,000,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $44,490,000, to remain available until
September 30, 2017, and in addition not to exceed $2,345,000, to remain
available until September 30, 2017, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,995,000, to remain available until expended,
of which, notwithstanding sections 8 and 9 of such Act: (1) up to
$50,000 shall be used to conduct financial audits pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289); and (2)
up to $1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section 817(a) of
Public Law 106-568 (20 U.S.C. 5604(7)): Provided, That of the total
amount made available under this heading $200,000 shall be transferred
to the Office of Inspector General of the Department of the Interior,
to remain available until expended, for audits and investigations of
the Morris K. Udall and Stewart L. Udall Foundation, consistent with
the Inspector General Act of 1978 (5 U.S.C. App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,400,000, to remain available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $372,393,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $4,180,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $7,500,000, to remain
available until expended: Provided, That from amounts made available
under this heading in Public Laws 111-8 and 111-117 for necessary
expenses related to the repair and renovation of the Franklin D.
Roosevelt Presidential Library and Museum in Hyde Park, New York, the
remaining unobligated balances shall be available to implement the
National Archives and Records Administration Capital Improvement Plan.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $5,000,000,
to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be
available until September 30, 2017, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $15,742,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $120,688,000, of which
$2,500,000 shall remain available until expended for Federal
investigations enhancements, and of which $616,000 may be for
strengthening the capacity and capabilities of the acquisition
workforce (as defined by the Office of Federal Procurement Policy Act,
as amended (41 U.S.C. 4001 et seq.)), including the recruitment,
hiring, training, and retention of such workforce and information
technology in support of acquisition workforce effectiveness or for
management solutions to improve acquisition management; and in addition
$124,550,000 for administrative expenses, to be transferred from the
appropriate trust funds of OPM without regard to other statutes,
including direct procurement of printed materials, for the retirement
and insurance programs: Provided, That the provisions of this
appropriation shall not affect the authority to use applicable trust
funds as provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States Code:
Provided further, That no part of this appropriation shall be available
for salaries and expenses of the Legal Examining Unit of OPM
established pursuant to Executive Order No. 9358 of July 1, 1943, or
any successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year 2016,
accept donations of money, property, and personal services: Provided
further, That such donations, including those from prior years, may be
used for the development of publicity materials to provide information
about the White House Fellows, except that no such donations shall be
accepted for travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $4,365,000, and in addition, not to exceed $22,479,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12) as amended by Public Law
107-304, the Whistleblower Protection Enhancement Act of 2012 (Public
Law 112-199), and the Uniformed Services Employment and Reemployment
Rights Act of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $24,119,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $15,200,000, to be derived by
transfer from the Postal Service Fund and expended as authorized by
section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $21,297,000, to
remain available until September 30, 2017.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,605,000,000, to remain available until
expended; of which not less than $11,315,971 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence; and of which not less than $68,223,000 shall be for the
Division of Economic and Risk Analysis: Provided, That fees and
charges authorized by section 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed $1,605,000,000 of
such offsetting collections shall be available until expended for
necessary expenses of this account: Provided further, That the total
amount appropriated under this heading from the general fund for fiscal
year 2016 shall be reduced as such offsetting fees are received so as
to result in a final total fiscal year 2016 appropriation from the
general fund estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $22,703,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $268,000,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2016: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2017:
Provided further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small Business
Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $231,100,000, to remain available until
September 30, 2017: Provided, That $117,000,000 shall be available to
fund grants for performance in fiscal year 2016 or fiscal year 2017 as
authorized by section 21 of the Small Business Act: Provided further,
That $25,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $18,000,000 shall be available for
grants to States to carry out export programs that assist small
business concerns authorized under section 1207 of Public Law 111-240.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$19,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $9,120,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $3,338,172, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2016
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $7,500,000,000: Provided
further, That during fiscal year 2016 commitments for general business
loans authorized under section 7(a) of the Small Business Act shall not
exceed $26,500,000,000 for a combination of amortizing term loans and
the aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2016 commitments for loans
authorized under subparagraph (C) of section 502(7) of The Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2016
commitments to guarantee loans for debentures under section 303(b) of
the Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year 2016,
guarantees of trust certificates authorized by section 5(g) of the
Small Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $152,725,828, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $186,858,000, to
be available until expended, of which $1,000,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $176,858,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $9,000,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 520. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 521. (a) Subparagraph (C) of section 502(7) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(7)), as in effect on
September 25, 2012, shall be in effect in any fiscal year during which
the cost to the Federal Government of making guarantees under such
subparagraph (C) and section 503 of the Small Business Investment Act
of 1958 (15 U.S.C. 697) is zero, except that--
(1) subclause (I)(bb) and subclause (II) of clause (iv) of such
subparagraph (C) shall not be in effect;
(2) unless, upon application by a development company and after
determining that the refinance loan is needed for good cause, the
Administrator of the Small Business Administration waives this
paragraph, a development company shall limit its financings under
section 502 of the Small Business Investment Act of 1958 (15 U.S.C.
696) so that, during any fiscal year, new financings under such
subparagraph (C) shall not exceed 50 percent of the dollars loaned
under title V of the Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.) during the previous fiscal year; and
(3) clause (iv)(I)(aa) of such subparagraph (C) shall be
applied by substituting ``job creation and retention'' for ``job
creation''.
(b) Section 303(b)(2)(B) of the Small Business Investment Act of
1958 (15 U.S.C. 683(b)(2)(B)) is amended by striking ``$225,000,000''
and inserting ``$350,000,000''.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $55,075,000: Provided, That mail
for overseas voting and mail for the blind shall continue to be free:
Provided further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act shall be
used to implement any rule, regulation, or policy of charging any
officer or employee of any State or local child support enforcement
agency, or any individual participating in a State or local program of
child support enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided further, That
none of the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$248,600,000, to be derived by transfer from the Postal Service Fund
and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $51,300,000: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2016, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization or
restructuring of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the fiscal
year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries
and expenses for an agency shall be reduced by $100,000 per day for
each day after the required date that the report has not been submitted
to the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2016 from appropriations made available for salaries
and expenses for fiscal year 2016 in this Act, shall remain available
through September 30, 2017, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal Revenue
Code of 1986 and exempt from taxation under section 501(a) of such
Code from the Department of the Treasury or the Internal Revenue
Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation report,
if such individual has given express written consent for such
request not more than 6 months prior to the date of such request
and during the same presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act may be used
for the interagency funding and sponsorship of a joint advisory
committee to advise on emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health Benefits
Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement and
Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the Civil
Service Retirement and Disability Fund by statutory provisions
other than subchapter III of chapter 83 or chapter 84 of title 5,
United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 620. The Public Company Accounting Oversight Board (Board)
shall have authority to obligate funds for the scholarship program
established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002
(Public Law 107-204) in an aggregate amount not exceeding the amount of
funds collected by the Board as of December 31, 2015, including accrued
interest, as a result of the assessment of monetary penalties. Funds
available for obligation in fiscal year 2016 shall remain available
until expended.
Sec. 621. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 622. None of the funds made available by this Act may be used
to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate Change.
(3) Senior Advisor to the Secretary of the Treasury assigned to
the Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
Sec. 623. None of the funds in this Act may be used for the
Director of the Office of Personnel Management to award a contract,
enter an extension of, or exercise an option on a contract to a
contractor conducting the final quality review processes for background
investigation fieldwork services or background investigation support
services that, as of the date of the award of the contract, are being
conducted by that contractor.
Sec. 624. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 625. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 626. From the unobligated balances available in the
Securities and Exchange Commission Reserve Fund established by section
991 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111-203), $25,000,000 are rescinded.
Sec. 627. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner
that violates the Fourth Amendment to the Constitution of the United
States.
Sec. 628. Beginning on the date of enactment of this Act, in the
current fiscal year and continuing through September 30, 2025, the
Further Notice of Proposed Rulemaking and Report and Order adopted by
the Federal Communications Commission on March 31, 2014 (FCC 14-28),
and the amendments to the rules of the Commission adopted in such
Further Notice of Proposed Rulemaking and Report and Order, shall not
apply to a joint sales agreement (as defined in Note 2(k) to section
73.3555 of title 47, Code of Federal Regulations) that was in effect on
March 31, 2014, and a rule of the Commission amended by such an
amendment shall apply to such agreement as such rule was in effect on
the day before the effective date of such amendment. A party to a joint
sales agreement that was in effect on March 31, 2014, shall not be
considered to be in violation of the ownership limitations of section
73.3555 of title 47, Code of Federal Regulations, by reason of the
application of the rule in Note 2(k)(2), as so amended, to the joint
sales agreement.
Sec. 629. During fiscal year 2016, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the
Consumer Product Safety Commission in the Federal Register on November
19, 2014 (79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with the
National Highway Traffic Safety Administration and the Department
of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Sec. 630. Notwithstanding any other provision of law, not to
exceed $2,266,085 of unobligated balances from ``Election Assistance
Commission, Election Reform Programs'' shall be available to record a
disbursement previously incurred under that heading in fiscal year 2014
against a 2008 cancelled account.
Sec. 631. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
the rules or regulations of the Commission for universal service high-
cost support for competitive eligible telecommunications carriers in a
way that is inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect on July
15, 2015: Provided, That this section shall not prohibit the
Commission from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II.
Sec. 632. (a) The Office of Personnel Management shall provide to
each affected individual as defined in subsection (b) complimentary
identity protection coverage that--
(1) is not less comprehensive than the complimentary identity
protection coverage that the Office provided to affected
individuals before the date of enactment of this Act;
(2) is effective for a period of not less than 10 years; and
(3) includes not less than $5,000,000 in identity theft
insurance.
(b) Definition.--In this section, the term ``affected individual''
means any individual whose Social Security Number was compromised
during--
(1) the data breach of personnel records of current and former
Federal employees, at a network maintained by the Department of the
Interior, that was announced by the Office of Personnel Management
on June 4, 2015; or
(2) the data breach of systems of the Office of Personnel
Management containing information related to the background
investigations of current, former, and prospective Federal
employees, and of other individuals.
Sec. 633. Sections 1101(a) and 1104(a)(2)(A) of the Internet Tax
Freedom Act (title XI of division C of Public Law 105-277; 47 U.S.C.
151 note) shall be applied by substituting ``October 1, 2016'' for
``October 1, 2015''.
Sec. 634. (a) Definitions.--In this section:
(1) Banking institution.--The term ``banking institution''
means an insured depository institution, Federal credit union,
State credit union, bank holding company, or savings and loan
holding company.
(2) Basel iii capital requirements.--The term ``Basel III
capital requirements'' means the Global Regulatory Framework for
More Resilient Banks and Banking Systems issued by the Basel
Committee on Banking Supervision on December 16, 2010, as revised
on June 1, 2011.
(3) Federal banking agencies.--The term ``Federal banking
agencies'' means the Board of Governors of the Federal Reserve
System, the Office of the Comptroller of the Currency, the Federal
Deposit Insurance Corporation, and the National Credit Union
Administration.
(4) Mortgage servicing assets.--The term ``mortgage servicing
assets'' means those assets that result from contracts to service
loans secured by real estate, where such loans are owned by third
parties.
(5) NCUA capital requirements.--The term ``NCUA capital
requirements'' means the final rule of the National Credit Union
Administration entitled ``Risk-Based Capital'' (80 Fed. Reg. 66625
(October 29, 2015)).
(6) Other definitions.--
(A) Banking definitions.--The terms ``bank holding
company'', ``insured depository institution'', and ``savings
and loan holding company'' have the meanings given those terms
in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813).
(B) Credit union definitions.--The terms ``Federal credit
union'' and ``State credit union'' have the meanings given
those terms in section 101 of the Federal Credit Union Act (12
U.S.C. 1752).
(b) Study of the Appropriate Capital for Mortgage Servicing
Assets.--
(1) In general.--The Federal banking agencies shall jointly
conduct a study of the appropriate capital requirements for
mortgage servicing assets for banking institutions.
(2) Issues to be studied.--The study required under paragraph
(1) shall include, with a specific focus on banking institutions--
(A) the risk to banking institutions of holding mortgage
servicing assets;
(B) the history of the market for mortgage servicing
assets, including in particular the market for those assets in
the period of the financial crisis;
(C) the ability of banking institutions to establish a
value for mortgage servicing assets of the institution through
periodic sales or other means;
(D) regulatory approaches to mortgage servicing assets and
capital requirements that may be used to address concerns about
the value of and ability to sell mortgage servicing assets;
(E) the impact of imposing the Basel III capital
requirements and the NCUA capital requirements on banking
institutions on the ability of those institutions--
(i) to compete in the mortgage servicing business,
including the need for economies of scale to compete in
that business; and
(ii) to provide service to consumers to whom the
institutions have made mortgage loans;
(F) an analysis of what the mortgage servicing marketplace
would look like if the Basel III capital requirements and the
NCUA capital requirements on mortgage servicing assets--
(i) were fully implemented; and
(ii) applied to both banking institutions and
nondepository residential mortgage loan servicers;
(G) the significance of problems with mortgage servicing
assets, if any, in banking institution failures and problem
banking institutions, including specifically identifying failed
banking institutions where mortgage servicing assets
contributed to the failure; and
(H) an analysis of the relevance of the Basel III capital
requirements and the NCUA capital requirements on mortgage
servicing assets to the banking systems of other significantly
developed countries.
(3) Report to congress.--Not later than 180 days after the date
of enactment of this title, the Federal banking agencies shall
submit to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Financial Services of the House of
Representatives a report containing--
(A) the results of the study required under paragraph (1);
(B) any analysis on the specific issue of mortgage
servicing assets undertaken by the Federal banking agencies
before finalizing regulations implementing the Basel III
capital requirements and the NCUA capital requirements; and
(C) any recommendations for legislative or regulatory
actions that would address concerns about the value of and
ability to sell and the ability of banking institutions to hold
mortgage servicing assets.
Sec. 635. In addition to amounts otherwise provided in this Act
for ``National Archives and Records Administration, Operating
Expenses'', there is appropriated $7,000,000, to remain available until
expended, for the repair, alteration, and improvement of an additional
leased facility to provide adequate storage for holdings of the House
of Representatives and the Senate.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2016 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase of
any passenger motor vehicle (exclusive of buses, ambulances, law
enforcement vehicles, protective vehicles, and undercover surveillance
vehicles), is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits may be
exceeded by not to exceed $7,250 for police-type vehicles: Provided
further, That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles acquired
pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles: Provided further, That the limits set
forth in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel
cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in the continental United States
unless such person: (1) is a citizen of the United States; (2) is a
person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; or (4) is a
person who owes allegiance to the United States: Provided, That for
purposes of this section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this section
with respect to his or her status are being complied with: Provided
further, That for purposes of subsections (2) and (3) such affidavits
shall be submitted prior to employment and updated thereafter as
necessary: Provided further, That any person making a false affidavit
shall be guilty of a felony, and upon conviction, shall be fined no
more than $4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing law:
Provided further, That any payment made to any officer or employee
contrary to the provisions of this section shall be recoverable in
action by the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee of the
Government of the United States on the date of enactment of this Act,
or to international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply to the
employment as Wildland firefighters for not more than 120 days of
nonresident aliens employed by the Department of the Interior or the
USDA Forest Service pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and recycling
programs as described in Executive Order No. 13423 (January 24,
2007), including any such programs adopted prior to the effective
date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and implementation
of hazardous waste management and pollution prevention programs.
(3) Other employee programs as authorized by law or as deemed
appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President of the United States, holds
office, no funds may be obligated or expended in excess of $5,000 to
furnish or redecorate the office of such department head, agency head,
officer, or employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations of the
House of Representatives and the Senate. For the purposes of this
section, the term ``office'' shall include the entire suite of offices
assigned to the individual, as well as any other space used primarily
by the individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to prohibit
or prevent, any other officer or employee of the Federal Government
from having any direct oral or written communication or contact
with any Member, committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment of such
other officer or employee or pertaining to the department or agency
of such other officer or employee in any way, irrespective of
whether such communication or contact is at the initiative of such
other officer or employee or in response to the request or inquiry
of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes, reduces
in rank, seniority, status, pay, or performance or efficiency
rating, denies promotion to, relocates, reassigns, transfers,
disciplines, or discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of employment of,
any other officer or employee of the Federal Government, or
attempts or threatens to commit any of the foregoing actions with
respect to such other officer or employee, by reason of any
communication or contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other
Act may be used to provide any non-public information such as mailing,
telephone or electronic mailing lists to any person or any organization
outside of the Federal Government without the approval of the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C. 105;
and
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, including improving coordination and reducing
duplication, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations, initiatives,
and activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-wide
Policy'' during fiscal year 2016 shall remain available for obligation
through September 30, 2017: Provided further, That such transfers or
reimbursements may only be made after 15 days following notification of
the Committees on Appropriations of the House of Representatives and
the Senate by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science and
Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall comply with any
relevant requirements in part 200 of title 2, Code of Federal
Regulations: Provided, That this section shall apply to direct
payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable
information relating to an individual's access to or use of any
Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party (including
another government agency) to collect, review, or obtain any
aggregation of data, derived from any means, that includes any
personally identifiable information relating to an individual's
access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and is
necessarily incident to providing the Internet site services or to
protecting the rights or property of the provider of the Internet
site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to implement,
interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the agency's
supervised institutions, including assessing safety and soundness,
overall financial condition, management practices and policies and
compliance with applicable standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a) with
respect to any Federal Government contract under the authority of
such Secretary if the Secretary determines that the waiver is
required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver under
paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2016, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment as
an incentive to separate, the separating agency shall remit to the
Civil Service Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of processing a
retirement claim for the preceding fiscal year. Such amounts shall
be available until expended to the Office of Personnel Management
and shall be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or any other
Act may be used to recommend or require any entity submitting an offer
for a Federal contract to disclose any of the following information as
a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment described
in paragraph (1)) made by the entity, its officers or directors, or
any of its affiliates or subsidiaries to any person with the intent
or the reasonable expectation that the person will use the funds to
make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal office''
has the meaning given such term in the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.).
Sec. 736. None of the funds made available in this or any other
Act may be used to pay for the painting of a portrait of an officer or
employee of the Federal government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2016, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable wage
survey adjustment that is to take effect in fiscal year 2016, in an
amount that exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with such
section; and
(B) during the period consisting of the remainder of fiscal
year 2016, in an amount that exceeds, as a result of a wage survey
adjustment, the rate payable under subparagraph (A) by more than
the sum of--
(i) the percentage adjustment taking effect in fiscal year
2016 under section 5303 of title 5, United States Code, in the
rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2016 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage of
such payments which was effective in the previous fiscal year
under such section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2015, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2015, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2015.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal year
2016 under sections 5344 and 5348 of title 5, United States Code, shall
be--
(1) not less than the percentage received by employees in the
same location whose rates of basic pay are adjusted pursuant to the
statutory pay systems under sections 5303 and 5304 of title 5,
United States Code: Provided, That prevailing rate employees at
locations where there are no employees whose pay is increased
pursuant to sections 5303 and 5304 of title 5, United States Code,
and prevailing rate employees described in section 5343(a)(5) of
title 5, United States Code, shall be considered to be located in
the pay locality designated as ``Rest of United States'' pursuant
to section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2015.
Sec. 738. (a) The Vice President may not receive a pay raise in
calendar year 2016, notwithstanding the rate adjustment made under
section 104 of title 3, United States Code, or any other provision of
law.
(b) An employee serving in an Executive Schedule position, or in a
position for which the rate of pay is fixed by statute at an Executive
Schedule rate, may not receive a pay rate increase in calendar year
2016, notwithstanding schedule adjustments made under section 5318 of
title 5, United States Code, or any other provision of law, except as
provided in subsection (g), (h), or (i). This subsection applies only
to employees who are holding a position under a political appointment.
(c) A chief of mission or ambassador at large may not receive a pay
rate increase in calendar year 2016, notwithstanding section 401 of the
Foreign Service Act of 1980 (Public Law 96-465) or any other provision
of law, except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, a pay rate increase may not be received in calendar year
2016 (except as provided in subsection (g), (h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service paid
a rate of basic pay at or above level IV of the Executive Schedule;
or
(2) a limited term appointee or limited emergency appointee in
the Senior Executive Service serving under a political appointment
and paid a rate of basic pay at or above level IV of the Executive
Schedule.
(e) Any employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States Code, or
similar authority) at or above level IV of the Executive Schedule who
serves under a political appointment may not receive a pay rate
increase in calendar year 2016, notwithstanding any other provision of
law, except as provided in subsection (g), (h), or (i). This subsection
does not apply to employees in the General Schedule pay system or the
Foreign Service pay system, or to employees appointed under section
3161 of title 5, United States Code, or to employees in another pay
system whose position would be classified at GS-15 or below if chapter
51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) A career appointee in the Senior Executive Service who receives
a Presidential appointment and who makes an election to retain Senior
Executive Service basic pay entitlements under section 3392 of title 5,
United States Code, is not subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive branch and
who makes an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980 (Public Law 96-
465) is not subject to this section.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position with higher-level duties and a
pre-established higher level or range of pay, except that any such
increase must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable pay limitations in effect on December 31,
2013.
(k) If an employee affected by subsections (b) through (e) is
subject to a biweekly pay period that begins in calendar year 2016 but
ends in calendar year 2017, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
Sec. 739. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2016 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days of the date of a conference held by any
Executive branch department, agency, board, commission, or office
funded by this or any other appropriations Act during fiscal year 2016
for which the cost to the United States Government was more than
$20,000, the head of any such department, agency, board, commission, or
office shall notify the Inspector General or senior ethics official for
any entity without an Inspector General, of the date, location, and
number of employees attending such conference.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012 or any subsequent revisions to
that memorandum.
Sec. 740. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce
funding for a program, project, or activity as proposed in the
President's budget request for a fiscal year until such proposed change
is subsequently enacted in an appropriation Act, or unless such change
is made pursuant to the reprogramming or transfer provisions of this or
any other appropriations Act.
Sec. 741. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
20180 et seq.).
Sec. 742. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 743. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 744. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to Congress,
(3) the reporting to an Inspector General of a violation of any law,
rule, or regulation, or mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'': Provided,
That notwithstanding the preceding provision of this section, a
nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 745. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 746. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that was convicted of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 747. (a) The Act entitled ``An Act providing for the
incorporation of certain persons as Group Hospitalization and Medical
Services, Inc.'', approved August 11, 1939 (53 Stat. 1412), is
amended--
(1) by redesignating section 11 as section 12; and
(2) by inserting after section 10 the following:
``Sec. 11. The surplus of the corporation is for the benefit and
protection of all of its certificate holders and shall be available for
the satisfaction of all obligations of the corporation regardless of
the jurisdiction in which such surplus originated or such obligations
arise. The corporation shall not divide, attribute, distribute, or
reduce its surplus pursuant to any statute, regulation, or order of any
jurisdiction without the express agreement of the District of Columbia,
Maryland, and Virginia--
``(1) that the entire surplus of the corporation is excessive;
and
``(2) to any plan for reduction or distribution of surplus.''.
(b) The amendments made by subsection (a) shall apply with respect
to the surplus of Group Hospitalization and Medical Services, Inc. for
any year after 2011.
Sec. 748. (a) During fiscal year 2016, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection
shall notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 749. (a) Notwithstanding the time limitations specified in
section 3744 of title 10, United States Code, or any other time
limitation with respect to the awarding of certain medals to persons
who served in the Armed Forces, the President may award the Medal of
Honor under section 3741 of such title to Charles S. Kettles for the
acts of valor during the Vietnam War described in subsection (b).
(b) The acts of valor referred to in subsection (a) are the actions
of Charles S. Kettles during combat operations on May 15, 1967, while
serving as Flight Commander, 176th Aviation Company, 14th Aviation
Battalion, Task Force Oregon, Republic of Vietnam, for which he was
previously awarded the Distinguished Service Cross.
Sec. 750. (a) None of the funds made available under this or any
other Act may be used to--
(1) implement, administer, carry out, modify, revise, or
enforce Executive Order 13690, entitled ``Establishing a Federal
Flood Risk Management Standard and a Process for Further Soliciting
and Considering Stakeholder Input'' (issued January 30, 2015),
other than for--
(A) acquiring, managing, or disposing of Federal lands and
facilities;
(B) providing federally undertaken, financed, or assisted
construction or improvements; or
(C) conducting Federal activities or programs affecting
land use, including water and related land resources planning,
regulating, and licensing activities;
(2) implement Executive Order 13690 in a manner that modifies
the non-grant components of the National Flood Insurance Program;
or
(3) apply Executive Order 13690 or the Federal Flood Risk
Management Standard by any component of the Department of Defense,
including the Army Corps of Engineers in a way that changes the
``floodplain'' considered when determining whether or not to issue
a Department of the Army permit under section 404 of the Clean
Water Act or section 10 of the Rivers and Harbors Act.
(b) Subsection (a) of this section shall not be in effect during
the period beginning on October 1, 2016 and ending on September 30,
2017.
Sec. 751. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None of the Federal funds provided in this Act shall be
used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2016, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any program,
project, or responsibility center for which funds have been denied
or restricted;
(5) re-establishes any program or project previously deferred
through reprogramming;
(6) augments any existing program, project, or responsibility
center through a reprogramming of funds in excess of $3,000,000 or
10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve
and execute reprogramming and transfer requests of local funds under
this title through November 7, 2016.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of
the funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only
in the performance of the officer's or employee's official duties. For
purposes of this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services
Department who resides in the District of Columbia and is on call
24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of Columbia
and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an officer
or employee of the Office of the Chief Medical Examiner who resides
in the District of Columbia and is on call 24 hours a day;
(5) at the discretion of the Director of the Homeland Security
and Emergency Management Agency, an officer or employee of the
Homeland Security and Emergency Management Agency who resides in
the District of Columbia and is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) None of the Federal funds contained in this Act may
be used by the District of Columbia Attorney General or any other
officer or entity of the District government to provide assistance for
any petition drive or civil action which seeks to require Congress to
provide for voting representation in Congress for the District of
Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding
such lawsuits.
Sec. 807. None of the Federal funds contained in this Act may be
used to distribute any needle or syringe for the purpose of preventing
the spread of blood borne pathogens in any location that has been
determined by the local public health or local law enforcement
authorities to be inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize
or otherwise reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
derivative.
(b) None of the funds contained in this Act may be used to enact
any law, rule, or regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any schedule I
substance under the Controlled Substances Act (21 U.S.C. 801 et seq.)
or any tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. None of the funds appropriated under this Act shall be
expended for any abortion except where the life of the mother would be
endangered if the fetus were carried to term or where the pregnancy is
the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council of the District of Columbia, a revised
appropriated funds operating budget in the format of the budget that
the District of Columbia government submitted pursuant to section 442
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for
fiscal year 2016 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
(b) This section shall apply only to an agency for which the Chief
Financial Officer for the District of Columbia certifies that a
reallocation is required to address unanticipated changes in program
requirements.
Sec. 812. No later than 30 calendar days after the date of the
enactment of this Act, the Chief Financial Officer for the District of
Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia Public
Schools that aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the budget that the
District of Columbia government submitted pursuant to section 442 of
the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating
funds to capital funds, and such amounts, once transferred or
reprogrammed, shall retain appropriation authority consistent with the
provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes,
or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so
provided herein.
Sec. 815. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2016 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2016 in this Act, shall remain available through September 30,
2017, for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on Appropriations
of the House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these requests
shall be made in compliance with reprogramming guidelines outlined in
section 803 of this Act.
Sec. 816. (a) During fiscal year 2017, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Fiscal Year 2017 Budget Request
Act of 2016 as submitted to Congress (subject to any modifications
enacted by the District of Columbia as of the beginning of the period
during which this subsection is in effect) at the rate set forth by
such Act.
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2017 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2017.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2017 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2017 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such period;
or
(2) specifically provides that no appropriation shall be made,
no funds shall be made available, or no authority shall be granted
for such project or activity to continue for such period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 817. (a) This section may be cited as the ``D.C. Opportunity
Scholarship Program School Certification Requirements Act''.
(b) Section 3007(a) of the Scholarships for Opportunity and Results
Act (Public Law 112-10; 125 Stat. 203) is amended--
(1) in paragraph (4)--
(A) in subparagraph (E), by striking ``and'' after the
semicolon;
(B) in subparagraph (F), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(G)(i) is provisionally or fully accredited by a national
or regional accrediting agency that is recognized in the
District of Columbia School Reform Act of 1995 (sec. 38-
1802.02(16)(A)-(G), D.C. Official Code) or any other
accrediting body deemed appropriate by the Office of the State
Superintendent for Schools for the purposes of accrediting an
elementary or secondary school; or
``(ii) in the case of a school that is a participating
school as of the day before the date of enactment of the
D.C. Opportunity Scholarship Program School Certification
Requirements Act and, as of such day, does not meet the
requirements of clause (i)--
``(I) by not later than 1 year after such date of
enactment, is pursuing accreditation by a national or
regional accrediting agency recognized in the District
of Columbia School Reform Act of 1995 (sec. 38-
1802.02(16)(A)-(G), D.C. Official Code) or any other
accrediting body deemed appropriate by the Office of
the State Superintendent for Schools for the purposes
of accrediting an elementary or secondary school; and
``(II) by not later than 5 years after such date of
enactment, is provisionally or fully accredited by such
accrediting agency, except that an eligible entity may
grant not more than one 1-year extension to meet this
requirement for each participating school that provides
evidence to the eligible entity from such accrediting
agency that the school's application for accreditation
is in process and the school will be awarded
accreditation before the end of the 1-year extension
period;
``(H) conducts criminal background checks on school
employees who have direct and unsupervised interaction with
students; and
``(I) complies with all requests for data and information
regarding the reporting requirements described in section
3010.''; and
(2) by adding at the end the following:
``(5) New participating schools.--If a school is not a
participating school as of the date of enactment of the D.C.
Opportunity Scholarship Program School Certification Requirements
Act, the school shall not become a participating school and none of
the funds provided under this division for opportunity scholarships
may be used by an eligible student to enroll in that school unless
the school--
``(A) is actively pursuing provisional or full
accreditation by a national or regional accrediting agency that
is recognized in the District of Columbia School Reform Act of
1995 (sec. 38-1802.02(16)(A)-(G), D.C. Official Code) or any
other accrediting body deemed appropriate by the Office of the
State Superintendent for Schools for the purposes of
accrediting an elementary or secondary school; and
``(B) meets all of the other requirements for participating
schools under this Act.
``(6) Enrolling in another school.--An eligible entity shall
assist the parents of a participating eligible student in
identifying, applying to, and enrolling in an another participating
school for which opportunity scholarship funds may be used, if--
``(A) such student is enrolled in a participating private
school and may no longer use opportunity scholarship funds for
enrollment in that participating private school because such
school fails to meet a requirement under paragraph 4, or any
other requirement of this Act; or
``(B) a participating eligible student is enrolled in a
school that ceases to be a participating school.''.
(c) Report to Eligible Entities.--Section 3010 of the Scholarships
for Opportunity and Results Act (Public Law 112-10; 125 Stat. 203) is
further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Reports to Eligible Entities.--The eligible entity receiving
funds under section 3004(a) shall ensure that each participating school
under this division submits to the eligible entity beginning not later
than 5 years after the date of the enactment of the D.C. Opportunity
Scholarship Program School Certification Requirements Act, a
certification that the school has been awarded provisional or full
accreditation, or has been granted an extension by the eligible entity
in accordance with section 3007(a)(4)(G).''.
(d) Unless specifically provided otherwise, this section, and the
amendments made by this section, shall take effect 1 year after the
date of enactment of this Act.
Sec. 818. Subparagraph (G) of section 3(c)(2) of the District of
Columbia College Access Act of 1999 (Public Law 106-98), as amended, is
further amended:
(1) by inserting after ``(G)'', ``(i) for individuals who began
an undergraduate course of study prior to school year 2015-2016,'';
and
(2) by inserting the following before the period at the end:
``and (ii) for individuals who begin an undergraduate course of
study in or after school year 2016-2017, is from a family with a
taxable annual income of less than $750,000. Beginning with school
year 2017-2018, the Mayor shall adjust the amounts in clauses (i)
and (ii) for inflation, as measured by the percentage increase, if
any, from the preceding fiscal year in the Consumer Price Index for
All Urban Consumers, published by the Bureau of Labor Statistics of
the Department of Labor''.
Sec. 819. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2016''.
DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENTAL MANAGEMENT AND OPERATIONS
Office of the Secretary and Executive Management
For necessary expenses of the Office of the Secretary of Homeland
Security, as authorized by section 102 of the Homeland Security Act of
2002 (6 U.S.C. 112), and executive management of the Department of
Homeland Security, as authorized by law, $137,466,000: Provided, That
not to exceed $45,000 shall be for official reception and
representation expenses: Provided further, That all official costs
associated with the use of government aircraft by Department of
Homeland Security personnel to support official travel of the Secretary
and the Deputy Secretary shall be paid from amounts made available for
the Immediate Office of the Secretary and the Immediate Office of the
Deputy Secretary: Provided further, That not later than 30 days after
the date of enactment of this Act, the Secretary of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives, the Committees on the Judiciary of the Senate
and the House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on Homeland
Security of the House of Representatives, the comprehensive plan for
implementation of the biometric entry and exit data system as required
under this heading in Public Law 114-4 and a report on visa overstay
data by country as required by section 1376 of title 8, United States
Code: Provided further, That the report on visa overstay data shall
also include--
(1) overstays from all nonimmigrant visa categories under the
immigration laws, delineated by each of the classes and sub-classes
of such categories; and
(2) numbers as well as rates of overstays for each class and
sub-class of such nonimmigrant categories on a per-country basis:
Provided further, That of the funds provided under this heading,
$13,000,000 shall be withheld from obligation for the Office of the
Secretary and Executive Management until both the comprehensive plan
and the report are submitted.
Office of the Under Secretary for Management
For necessary expenses of the Office of the Under Secretary for
Management, as authorized by sections 701 through 705 of the Homeland
Security Act of 2002 (6 U.S.C. 341 through 345), $196,810,000, of which
not to exceed $2,000 shall be for official reception and representation
expenses: Provided, That of the total amount made available under this
heading, $4,456,000 shall remain available until September 30, 2017,
solely for the alteration and improvement of facilities, tenant
improvements, and relocation costs to consolidate Department
headquarters operations at the Nebraska Avenue Complex; and $7,778,000
shall remain available until September 30, 2017, for the Human
Resources Information Technology program: Provided further, That the
Under Secretary for Management shall include in the President's budget
proposal for fiscal year 2017, submitted pursuant to section 1105(a) of
title 31, United States Code, a Comprehensive Acquisition Status
Report, which shall include the information required under the heading
``Office of the Under Secretary for Management'' under title I of
division D of the Consolidated Appropriations Act, 2012 (Public Law
112-74), and shall submit quarterly updates to such report not later
than 45 days after the completion of each quarter.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), $56,420,000: Provided, That the Secretary of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, at the time the
President's budget proposal for fiscal year 2017 is submitted pursuant
to section 1105(a) of title 31, United States Code, the Future Years
Homeland Security Program, as authorized by section 874 of Public Law
107-296 (6 U.S.C. 454).
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, as authorized by section 103 of the Homeland Security Act of
2002 (6 U.S.C. 113), and Department-wide technology investments,
$309,976,000; of which $109,957,000 shall be available for salaries and
expenses; and of which $200,019,000, to remain available until
September 30, 2017, shall be available for development and acquisition
of information technology equipment, software, services, and related
activities for the Department of Homeland Security.
Analysis and Operations
For necessary expenses for intelligence analysis and operations
coordination activities, as authorized by title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.), $264,714,000; of which not
to exceed $3,825 shall be for official reception and representation
expenses; of which not to exceed $2,000,000 is available for facility
needs associated with secure space at fusion centers, including
improvements to buildings; and of which $111,021,000 shall remain
available until September 30, 2017.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $137,488,000; of which not to exceed $300,000 may be used
for certain confidential operational expenses, including the payment of
informants, to be expended at the direction of the Inspector General.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
salaries and expenses
For necessary expenses for enforcement of laws relating to border
security, immigration, customs, agricultural inspections and regulatory
activities related to plant and animal imports, and transportation of
unaccompanied minor aliens; purchase and lease of up to 7,500 (6,500
for replacement only) police-type vehicles; and contracting with
individuals for personal services abroad; $8,628,902,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust Fund for
administrative expenses related to the collection of the Harbor
Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section
1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1));
of which $30,000,000 shall be available until September 30, 2017,
solely for the purpose of recruiting, hiring, training, and equipping
law enforcement officers and Border Patrol agents; of which not to
exceed $34,425 shall be for official reception and representation
expenses; of which such sums as become available in the Customs User
Fee Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account; of which not to exceed
$150,000 shall be available for payment for rental space in connection
with preclearance operations; and of which not to exceed $1,000,000
shall be for awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland Security:
Provided, That of the amounts made available under this heading for
Inspection and Detection Technology Investments, $18,500,000 shall
remain available until September 30, 2018: Provided further, That for
fiscal year 2016, the overtime limitation prescribed in section 5(c)(1)
of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000;
and notwithstanding any other provision of law, none of the funds
appropriated by this Act shall be available to compensate any employee
of U.S. Customs and Border Protection for overtime, from whatever
source, in an amount that exceeds such limitation, except in individual
cases determined by the Secretary of Homeland Security, or the designee
of the Secretary, to be necessary for national security purposes, to
prevent excessive costs, or in cases of immigration emergencies:
Provided further, That the Border Patrol shall maintain an active duty
presence of not less than 21,370 full-time equivalent agents protecting
the borders of the United States in the fiscal year.
automation modernization
For necessary expenses for U.S. Customs and Border Protection for
operation and improvement of automated systems, including salaries and
expenses, $829,460,000; of which $465,732,000 shall remain available
until September 30, 2018; and of which not less than $151,184,000 shall
be for the development of the Automated Commercial Environment.
border security fencing, infrastructure, and technology
For necessary expenses for border security fencing, infrastructure,
and technology, $447,461,000; of which $273,931,000 shall remain
available until September 30, 2017, for operations and maintenance; and
of which $173,530,000 shall remain available until September 30, 2018,
for development and deployment.
air and marine operations
For necessary expenses for the operations, maintenance, and
procurement of marine vessels, aircraft, unmanned aerial systems, the
Air and Marine Operations Center, and other related equipment of the
air and marine program, including salaries and expenses, operational
training, and mission-related travel, the operations of which include
the following: the interdiction of narcotics and other goods; the
provision of support to Federal, State, and local agencies in the
enforcement or administration of laws enforced by the Department of
Homeland Security; and, at the discretion of the Secretary of Homeland
Security, the provision of assistance to Federal, State, and local
agencies in other law enforcement and emergency humanitarian efforts;
$802,298,000; of which $300,429,000 shall be available for salaries and
expenses; and of which $501,869,000 shall remain available until
September 30, 2018: Provided, That no aircraft or other related
equipment, with the exception of aircraft that are one of a kind and
have been identified as excess to U.S. Customs and Border Protection
requirements and aircraft that have been damaged beyond repair, shall
be transferred to any other Federal agency, department, or office
outside of the Department of Homeland Security during fiscal year 2016
without prior notice to the Committees on Appropriations of the Senate
and the House of Representatives: Provided further, That funding made
available under this heading shall be available for customs expenses
when necessary to maintain or to temporarily increase operations in
Puerto Rico.
construction and facilities management
For necessary expenses to plan, acquire, construct, renovate,
equip, furnish, operate, manage, and maintain buildings, facilities,
and related infrastructure necessary for the administration and
enforcement of the laws relating to customs, immigration, and border
security, $340,128,000, to remain available until September 30, 2020.
U.S. Immigration and Customs Enforcement
salaries and expenses
For necessary expenses for enforcement of immigration and customs
laws, detention and removals, and investigations, including
intellectual property rights and overseas vetted units operations; and
purchase and lease of up to 3,790 (2,350 for replacement only) police-
type vehicles; $5,779,041,000; of which not to exceed $10,000,000 shall
be available until expended for conducting special operations under
section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081);
of which not to exceed $11,475 shall be for official reception and
representation expenses; of which not to exceed $2,000,000 shall be for
awards of compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security; of which not
less than $305,000 shall be for promotion of public awareness of the
child pornography tipline and activities to counter child exploitation;
of which not less than $5,400,000 shall be used to facilitate
agreements consistent with section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)); of which not to exceed $45,000,000,
to remain available until September 30, 2017, is for maintenance,
construction, and leasehold improvements at owned and leased
facilities; and of which not to exceed $11,216,000 shall be available
to fund or reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled aliens
unlawfully present in the United States: Provided, That of the total
amount made available under this heading, $100,000,000 shall be
withheld from obligation until the Director of U.S. Immigration and
Customs Enforcement submits to the Committees on Appropriations of the
Senate and the House of Representatives a report detailing the number
of full-time equivalent employees hired and lost through attrition for
the period beginning on October 1, 2015, and ending on June 30, 2016:
Provided further, That of the total amount made available under this
heading, $5,000,000 shall be withheld from obligation until the
Director of U.S. Immigration and Customs Enforcement briefs the
Committees on Appropriations of the Senate and the House of
Representatives on efforts to increase the number of communities and
law enforcement agencies participating in the Priority Enforcement
Program, including details as to the jurisdictions and law enforcement
agencies approached and the level of participation on a by-community
basis: Provided further, That none of the funds made available under
this heading shall be available to compensate any employee for overtime
in an annual amount in excess of $35,000, except that the Secretary of
Homeland Security, or the designee of the Secretary, may waive that
amount as necessary for national security purposes and in cases of
immigration emergencies: Provided further, That of the total amount
provided, $15,770,000 shall be for activities to enforce laws against
forced child labor, of which not to exceed $6,000,000 shall remain
available until expended: Provided further, That of the total amount
available, not less than $1,600,000,000 shall be available to identify
aliens convicted of a crime who may be deportable, and to remove them
from the United States once they are judged deportable: Provided
further, That the Secretary of Homeland Security shall prioritize the
identification and removal of aliens convicted of a crime by the
severity of that crime: Provided further, That funding made available
under this heading shall maintain a level of not less than 34,000
detention beds through September 30, 2016: Provided further, That of
the total amount provided, not less than $3,217,942,000 is for
enforcement, detention, and removal operations, including
transportation of unaccompanied minor aliens: Provided further, That
of the amount provided for Custody Operations in the previous proviso,
$45,000,000 shall remain available until September 30, 2020: Provided
further, That of the total amount provided for the Visa Security
Program and international investigations, $13,300,000 shall remain
available until September 30, 2017: Provided further, That not less
than $15,000,000 shall be available for investigation of intellectual
property rights violations, including operation of the National
Intellectual Property Rights Coordination Center: Provided further,
That none of the funds provided under this heading may be used to
continue a delegation of law enforcement authority authorized under
section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) if the Department of Homeland Security Inspector General
determines that the terms of the agreement governing the delegation of
authority have been materially violated: Provided further, That none
of the funds provided under this heading may be used to continue any
contract for the provision of detention services if the two most recent
overall performance evaluations received by the contracted facility are
less than ``adequate'' or the equivalent median score in any subsequent
performance evaluation system: Provided further, That nothing under
this heading shall prevent U.S. Immigration and Customs Enforcement
from exercising those authorities provided under the immigration laws
(as defined in section 101(a)(17) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(17))) during priority operations pertaining to
aliens convicted of a crime: Provided further, That without regard to
the limitation as to time and condition of section 503(d) of this Act,
the Secretary may propose to reprogram and transfer funds within and
into this appropriation necessary to ensure the detention of aliens
prioritized for removal.
automation modernization
For expenses of immigration and customs enforcement automated
systems, $53,000,000, to remain available until September 30, 2018.
Transportation Security Administration
aviation security
For necessary expenses of the Transportation Security
Administration related to providing civil aviation security services
pursuant to the Aviation and Transportation Security Act (Public Law
107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,719,437,000, to remain
available until September 30, 2017; of which not to exceed $7,650 shall
be for official reception and representation expenses: Provided, That
any award to deploy explosives detection systems shall be based on
risk, the airport's current reliance on other screening solutions,
lobby congestion resulting in increased security concerns, high injury
rates, airport readiness, and increased cost effectiveness: Provided
further, That security service fees authorized under section 44940 of
title 49, United States Code, shall be credited to this appropriation
as offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal year
2016 so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $3,589,437,000: Provided
further, That the funds deposited pursuant to section 44945 of title
49, United States Code, that are currently unavailable for obligation
are hereby permanently cancelled: Provided further, That
notwithstanding section 44923 of title 49, United States Code, for
fiscal year 2016, any funds in the Aviation Security Capital Fund
established by section 44923(h) of title 49, United States Code, may be
used for the procurement and installation of explosives detection
systems or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of such
title: Provided further, That notwithstanding any other provision of
law, for the current fiscal year and each fiscal year hereafter, mobile
explosives detection systems purchased and deployed using funds made
available under this heading may be moved and redeployed to meet
evolving passenger and baggage screening security priorities at
airports: Provided further, That none of the funds made available in
this Act may be used for any recruiting or hiring of personnel into the
Transportation Security Administration that would cause the agency to
exceed a staffing level of 45,000 full-time equivalent screeners:
Provided further, That the preceding proviso shall not apply to
personnel hired as part-time employees: Provided further, That not
later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
detailed report on--
(1) the Department of Homeland Security efforts and resources
being devoted to develop more advanced integrated passenger
screening technologies for the most effective security of
passengers and baggage at the lowest possible operating and
acquisition costs, including projected funding levels for each
fiscal year for the next 5 years or until project completion,
whichever is earlier;
(2) how the Transportation Security Administration is deploying
its existing passenger and baggage screener workforce in the most
cost-effective manner; and
(3) labor savings from the deployment of improved technologies
for passenger and baggage screening, including high-speed baggage
screening, and how those savings are being used to offset security
costs or reinvested to address security vulnerabilities:
Provided further, That Members of the United States House of
Representatives and the United States Senate, including the leadership;
the heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of the
Department of Homeland Security; the United States Attorney General,
Deputy Attorney General, Assistant Attorneys General, and the United
States Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management and
Budget, shall not be exempt from Federal passenger and baggage
screening.
surface transportation security
For necessary expenses of the Transportation Security
Administration related to surface transportation security activities,
$110,798,000, to remain available until September 30, 2017.
intelligence and vetting
For necessary expenses for the development and implementation of
intelligence and vetting activities, $236,693,000, to remain available
until September 30, 2017.
transportation security support
For necessary expenses of the Transportation Security
Administration related to transportation security support pursuant to
the Aviation and Transportation Security Act (Public Law 107-71; 115
Stat. 597; 49 U.S.C. 40101 note), $924,015,000, to remain available
until September 30, 2017.
Coast Guard
operating expenses
For necessary expenses for the operations and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of no more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; purchase or lease of other equipment (at a unit cost of no
more than $250,000); minor shore construction projects not exceeding
$1,000,000 in total cost on any location; payments pursuant to section
156 of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and
recreation and welfare; $7,061,490,000, of which $500,002,000 shall be
for defense-related activities, of which $160,002,000 is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985; of which $24,500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which not to exceed $23,000 shall be for
official reception and representation expenses: Provided, That none of
the funds made available by this Act shall be for expenses incurred for
recreational vessels under section 12114 of title 46, United States
Code, except to the extent fees are collected from owners of yachts and
credited to this appropriation: Provided further, That to the extent
fees are insufficient to pay expenses of recreational vessel
documentation under such section 12114, and there is a backlog of
recreational vessel applications, then personnel performing non-
recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114: Provided further, That of the funds provided
under this heading, $85,000,000 shall be withheld from obligation for
Coast Guard Headquarters Directorates until a future-years capital
investment plan for fiscal years 2017 through 2021, as specified under
the heading ``Coast Guard, Acquisition, Construction, and
Improvements'' of this Act, is submitted to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That funds made available under this heading for
Overseas Contingency Operations/Global War on Terrorism may be
allocated by program, project, and activity, notwithstanding section
503 of this Act: Provided further, That without regard to the
limitation as to time and condition of section 503(d) of this Act,
after June 30, up to $10,000,000 may be reprogrammed to or from
Military Pay and Allowances in accordance with subsections (a), (b),
and (c) of section 503.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance
and restoration functions of the Coast Guard under chapter 19 of title
14, United States Code, $13,221,000, to remain available until
September 30, 2020.
reserve training
For necessary expenses of the Coast Guard Reserve, as authorized by
law; operations and maintenance of the Coast Guard reserve program;
personnel and training costs; and equipment and services; $110,614,000.
acquisition, construction, and improvements
For necessary expenses of acquisition, construction, renovation,
and improvement of aids to navigation, shore facilities, vessels, and
aircraft, including equipment related thereto; and maintenance,
rehabilitation, lease, and operation of facilities and equipment; as
authorized by law; $1,945,169,000; of which $20,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and of which the following amounts shall be
available until September 30, 2020 (except as subsequently specified):
$21,000,000 for military family housing; $1,264,400,000 to acquire,
effect major repairs to, renovate, or improve vessels, small boats, and
related equipment; $295,000,000 to acquire, effect major repairs to,
renovate, or improve aircraft or increase aviation capability;
$65,100,000 for other acquisition programs; $181,600,000 for shore
facilities and aids to navigation, including facilities at Department
of Defense installations used by the Coast Guard; and $118,069,000, to
remain available until September 30, 2016, for personnel compensation
and benefits and related costs: Provided, That of the funds provided
by this Act, not less than $640,000,000 shall be immediately available
and allotted to contract for the production of the ninth National
Security Cutter notwithstanding the availability of funds for post-
production costs: Provided further, That the Commandant of the Coast
Guard shall submit to the Congress, at the time the President's budget
proposal for fiscal year 2017 is submitted pursuant to section 1105(a)
of title 31, United States Code, a future-years capital investment plan
as described in the second proviso under the heading ``Coast Guard,
Acquisition, Construction, and Improvements'' in the Department of
Homeland Security Appropriations Act, 2015 (Public Law 114-4), which
shall be subject to the requirements in the third and fourth provisos
under such heading.
research, development, test, and evaluation
For necessary expenses for applied scientific research,
development, test, and evaluation; and for maintenance, rehabilitation,
lease, and operation of facilities and equipment; as authorized by law;
$18,019,000, to remain available until September 30, 2018, of which
$500,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited
to and used for the purposes of this appropriation funds received from
State and local governments, other public authorities, private sources,
and foreign countries for expenses incurred for research, development,
testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under
the Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts, and combat-
related special compensation under the National Defense Authorization
Act, and payments for medical care of retired personnel and their
dependents under chapter 55 of title 10, United States Code,
$1,604,000,000, to remain available until expended.
United States Secret Service
salaries and expenses
For necessary expenses of the United States Secret Service,
including purchase of not to exceed 652 vehicles for police-type use
for replacement only; hire of passenger motor vehicles; purchase of
motorcycles made in the United States; hire of aircraft; services of
expert witnesses at such rates as may be determined by the Director of
the United States Secret Service; rental of buildings in the District
of Columbia, and fencing, lighting, guard booths, and other facilities
on private or other property not in Government ownership or control, as
may be necessary to perform protective functions; payment of per diem
or subsistence allowances to employees in cases in which a protective
assignment on the actual day or days of the visit of a protectee
requires an employee to work 16 hours per day or to remain overnight at
a post of duty; conduct of and participation in firearms matches;
presentation of awards; travel of United States Secret Service
employees on protective missions without regard to the limitations on
such expenditures in this or any other Act if approval is obtained in
advance from the Committees on Appropriations of the Senate and the
House of Representatives; research and development; grants to conduct
behavioral research in support of protective research and operations;
and payment in advance for commercial accommodations as may be
necessary to perform protective functions; $1,854,526,000; of which not
to exceed $19,125 shall be for official reception and representation
expenses; of which not to exceed $100,000 shall be to provide technical
assistance and equipment to foreign law enforcement organizations in
counterfeit investigations; of which $2,366,000 shall be for forensic
and related support of investigations of missing and exploited
children; of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children and shall
remain available until September 30, 2017; and of which not less than
$12,000,000 shall be for activities related to training in electronic
crimes investigations and forensics: Provided, That $18,000,000 for
protective travel shall remain available until September 30, 2017:
Provided further, That of the amounts made available under this heading
for security improvements at the White House complex, $8,200,000 shall
remain available until September 30, 2017: Provided further, That
$4,500,000 for National Special Security Events shall remain available
until expended: Provided further, That the United States Secret
Service is authorized to obligate funds in anticipation of
reimbursements from Federal agencies and entities, as defined in
section 105 of title 5, United States Code, for personnel receiving
training sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not exceed total
budgetary resources available under this heading at the end of the
fiscal year: Provided further, That none of the funds made available
under this heading shall be available to compensate any employee for
overtime in an annual amount in excess of $35,000, except that the
Secretary of Homeland Security, or the designee of the Secretary, may
waive that amount as necessary for national security purposes:
Provided further, That none of the funds made available to the United
States Secret Service by this Act or by previous appropriations Acts
may be made available for the protection of the head of a Federal
agency other than the Secretary of Homeland Security: Provided
further, That the Director of the United States Secret Service may
enter into an agreement to provide such protection on a fully
reimbursable basis: Provided further, That none of the funds made
available to the United States Secret Service by this Act or by
previous appropriations Acts may be obligated for the purpose of
opening a new permanent domestic or overseas office or location unless
the Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such obligation:
Provided further, That for purposes of section 503 of this Act,
$15,000,000 or 10 percent, whichever is less, may be reprogrammed
between Protection of Persons and Facilities and Domestic Field
Operations.
acquisition, construction, improvements, and related expenses
For necessary expenses for acquisition, construction, repair,
alteration, and improvement of physical and technological
infrastructure, $79,019,000, to remain available until September 30,
2018.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
management and administration
For the management and administration of the National Protection
and Programs Directorate, and support for operations and information
technology, $62,132,000: Provided, That not to exceed $3,825 shall be
for official reception and representation expenses.
infrastructure protection and information security
For necessary expenses for infrastructure protection and
information security programs and activities, as authorized by title II
of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
$1,291,000,000, of which $289,650,000 shall remain available until
September 30, 2017.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings and
for the operations of the Federal Protective Service: Provided, That
the Director of the Federal Protective Service shall submit at the time
the President's budget proposal for fiscal year 2017 is submitted
pursuant to section 1105(a) of title 31, United States Code, a
strategic human capital plan that aligns fee collections to personnel
requirements based on a current threat assessment.
office of biometric identity management
For necessary expenses for the Office of Biometric Identity
Management, as authorized by section 7208 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), $282,473,000, of
which $159,054,000 shall remain available until September 30, 2018.
Office of Health Affairs
For necessary expenses of the Office of Health Affairs,
$125,369,000; of which $27,010,000 is for salaries and expenses and
$82,078,000 is for BioWatch operations: Provided, That of the amount
made available under this heading, $16,281,000 shall remain available
until September 30, 2017, for biosurveillance, chemical defense,
medical and health planning and coordination, and workforce health
protection.
Federal Emergency Management Agency
salaries and expenses
For necessary expenses of the Federal Emergency Management Agency,
$960,754,000, including activities authorized by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114
Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701 et seq.), the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.), sections 107 and 303 of the National Security Act of 1947 (50
U.S.C. 404, 405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.),
the National Dam Safety Program Act (33 U.S.C. 467 et seq.), the
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing
Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53),
the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et
seq.), the Post-Katrina Emergency Management Reform Act of 2006 (Public
Law 109-295; 120 Stat. 1394), the Biggert-Waters Flood Insurance Reform
Act of 2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner
Flood Insurance Affordability Act of 2014 (Public Law 113-89):
Provided, That not to exceed $2,250 shall be for official reception and
representation expenses: Provided further, That of the total amount
made available under this heading, $35,180,000 shall be for the Urban
Search and Rescue Response System, of which none is available for
Federal Emergency Management Agency administrative costs: Provided
further, That of the total amount made available under this heading,
$27,500,000 shall remain available until September 30, 2017, for
capital improvements and other expenses related to continuity of
operations at the Mount Weather Emergency Operations Center: Provided
further, That of the total amount made available, $3,422,000 shall be
for the Office of National Capital Region Coordination.
state and local programs
For grants, contracts, cooperative agreements, and other
activities, $1,500,000,000, which shall be allocated as follows:
(1) $467,000,000 shall be for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002 (6
U.S.C. 605), of which $55,000,000 shall be for Operation
Stonegarden: Provided, That notwithstanding subsection (c)(4) of
such section 2004, for fiscal year 2016, the Commonwealth of Puerto
Rico shall make available to local and tribal governments amounts
provided to the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $600,000,000 shall be for the Urban Area Security
Initiative under section 2003 of the Homeland Security Act of 2002
(6 U.S.C. 604), of which $20,000,000 shall be for organizations (as
described under section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such code)
determined by the Secretary of Homeland Security to be at high risk
of a terrorist attack.
(3) $100,000,000 shall be for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53; 6 U.S.C. 1135, 1163, and 1182), of which
$10,000,000 shall be for Amtrak security and $3,000,000 shall be
for Over-the-Road Bus Security: Provided, That such public
transportation security assistance shall be provided directly to
public transportation agencies.
(4) $100,000,000 shall be for Port Security Grants in
accordance with 46 U.S.C. 70107.
(5) $233,000,000 shall be to sustain current operations for
training, exercises, technical assistance, and other programs, of
which $162,991,000 shall be for training of State, local, and
tribal emergency response providers:
Provided, That for grants under paragraphs (1) through (4),
applications for grants shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act, that
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after the receipt
of an application: Provided further, That notwithstanding section
2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(11))
or any other provision of law, a grantee may not use more than 5
percent of the amount of a grant made available under this heading for
expenses directly related to administration of the grant: Provided
further, That for grants under paragraphs (1) and (2), the installation
of communications towers is not considered construction of a building
or other physical facility: Provided further, That grantees shall
provide reports on their use of funds, as determined necessary by the
Secretary of Homeland Security: Provided further, That notwithstanding
section 509 of this Act, the Administrator of the Federal Emergency
Management Agency may use the funds provided in paragraph (5) to
acquire real property for the purpose of establishing or appropriately
extending the security buffer zones around Federal Emergency Management
Agency training facilities.
firefighter assistance grants
For grants for programs authorized by the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2201 et seq.), $690,000,000, to
remain available until September 30, 2017, of which $345,000,000 shall
be available to carry out section 33 of that Act (15 U.S.C. 2229) and
$345,000,000 shall be available to carry out section 34 of that Act (15
U.S.C. 2229a).
emergency management performance grants
For emergency management performance grants, as authorized by the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C.
App.), $350,000,000.
radiological emergency preparedness program
The aggregate charges assessed during fiscal year 2016, as
authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security necessary
for its radiological emergency preparedness program for the next fiscal
year: Provided, That the methodology for assessment and collection of
fees shall be fair and equitable and shall reflect costs of providing
such services, including administrative costs of collecting such fees:
Provided further, That fees received under this heading shall be
deposited in this account as offsetting collections and will become
available for authorized purposes on October 1, 2016, and remain
available until expended.
united states fire administration
For necessary expenses of the United States Fire Administration and
for other purposes, as authorized by the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.), $44,000,000.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$7,374,693,000 to remain available until expended, of which $24,000,000
shall be transferred to the Department of Homeland Security Office of
Inspector General for audits and investigations related to disasters:
Provided, That the reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency, Disaster
Relief Fund'' in the Department of Homeland Security Appropriations
Act, 2015 (Public Law 114-4) shall be applied in fiscal year 2016 with
respect to budget year 2017 and current fiscal year 2016, respectively,
by substituting ``fiscal year 2017'' for ``fiscal year 2016'' in
paragraph (1): Provided further, That of the amount provided under
this heading, $6,712,953,000 shall be for major disasters declared
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.): Provided further, That the
amount in the preceding proviso is designated by the Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
flood hazard mapping and risk analysis program
For necessary expenses, including administrative costs, under
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101), and under sections 100215, 100216, 100226, 100230, and 100246 of
the Biggert-Waters Flood Insurance Reform Act of 2012, (Public Law 112-
141, 126 Stat. 916), $190,000,000, and such additional sums as may be
provided by State and local governments or other political subdivisions
for cost-shared mapping activities under section 1360(f)(2) of such Act
(42 U.S.C. 4101(f)(2)), to remain available until expended.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat.
1020), $181,198,000, which shall remain available until September 30,
2017, and shall be derived from offsetting amounts collected under
section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $25,299,000 shall be available for salaries and
expenses associated with flood management and flood insurance
operations and $155,899,000 shall be available for flood plain
management and flood mapping: Provided, That any additional fees
collected pursuant to section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as an offsetting
collection to this account, to be available for flood plain management
and flood mapping: Provided further, That in fiscal year 2016, no
funds shall be available from the National Flood Insurance Fund under
section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C.
4017) in excess of:
(1) $133,252,000 for operating expenses;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until expended,
for flood mitigation actions and for flood mitigation assistance
under section 1366 of the National Flood Insurance Act of 1968 (42
U.S.C. 4104c), notwithstanding sections 1366(e) and 1310(a)(7) of
such Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 shall be deposited
in the National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood Insurance
Act of 1968, notwithstanding section 102(f)(8), section 1366(e), and
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C.
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
national predisaster mitigation fund
For the predisaster mitigation grant program under section 203 of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133), $100,000,000, to remain available until expended.
emergency food and shelter
To carry out the Emergency Food and Shelter program pursuant to
title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11331 et seq.), $120,000,000, to remain available until expended:
Provided, That total administrative costs shall not exceed 3.5 percent
of the total amount made available under this heading: Provided
further, That if the President's budget proposal for fiscal year 2017,
submitted pursuant to section 1105(a) of title 31, United States Code,
proposes to move the Emergency Food and Shelter program from the
Federal Emergency Management Agency to the Department of Housing and
Urban Development, or to fund such program directly through the
Department of Housing and Urban Development, a joint transition plan
from the Federal Emergency Management Agency and the Department of
Housing and Urban Development shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives not later
than 90 days after the date the fiscal year 2017 budget is submitted to
Congress: Provided further, That such plan shall include details on
the transition of programmatic responsibilities, efforts to consult
with stakeholders, and mechanisms to ensure that the original purpose
of the program will be retained.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
For necessary expenses for citizenship and immigration services,
$119,671,000 for the E-Verify Program, as described in section 403(a)
of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), to assist United States employers with
maintaining a legal workforce: Provided, That notwithstanding any
other provision of law, funds otherwise made available to United States
Citizenship and Immigration Services may be used to acquire, operate,
equip, and dispose of up to 5 vehicles, for replacement only, for areas
where the Administrator of General Services does not provide vehicles
for lease: Provided further, That the Director of United States
Citizenship and Immigration Services may authorize employees who are
assigned to those areas to use such vehicles to travel between the
employees' residences and places of employment.
Federal Law Enforcement Training Center
salaries and expenses
For necessary expenses of the Federal Law Enforcement Training
Center, including materials and support costs of Federal law
enforcement basic training; the purchase of not to exceed 117 vehicles
for police-type use and hire of passenger motor vehicles; expenses for
student athletic and related activities; the conduct of and
participation in firearms matches and presentation of awards; public
awareness and enhancement of community support of law enforcement
training; room and board for student interns; a flat monthly
reimbursement to employees authorized to use personal mobile phones for
official duties; and services as authorized by section 3109 of title 5,
United States Code; $217,485,000; of which up to $38,981,000 shall
remain available until September 30, 2017, for materials and support
costs of Federal law enforcement basic training; and of which not to
exceed $7,180 shall be for official reception and representation
expenses: Provided, That the Center is authorized to obligate funds in
anticipation of reimbursements from agencies receiving training
sponsored by the Center, except that total obligations at the end of
the fiscal year shall not exceed total budgetary resources available at
the end of the fiscal year: Provided further, That section 1202(a) of
Public Law 107-206 (42 U.S.C. 3771 note), as amended under this heading
in Public Law 114-4, is further amended by striking ``December 31,
2017'' and inserting ``December 31, 2018'': Provided further, That the
Director of the Federal Law Enforcement Training Center shall schedule
basic or advanced law enforcement training, or both, at all four
training facilities under the control of the Federal Law Enforcement
Training Center to ensure that such training facilities are operated at
the highest capacity throughout the fiscal year: Provided further,
That the Federal Law Enforcement Training Accreditation Board,
including representatives from the Federal law enforcement community
and non-Federal accreditation experts involved in law enforcement
training, shall lead the Federal law enforcement training accreditation
process to continue the implementation of measuring and assessing the
quality and effectiveness of Federal law enforcement training programs,
facilities, and instructors.
acquisitions, construction, improvements, and related expenses
For acquisition of necessary additional real property and
facilities, construction, and ongoing maintenance, facility
improvements, and related expenses of the Federal Law Enforcement
Training Center, $27,553,000, to remain available until September 30,
2020: Provided, That the Center is authorized to accept reimbursement
to this appropriation from government agencies requesting the
construction of special use facilities.
Science and Technology
management and administration
For salaries and expenses of the Office of the Under Secretary for
Science and Technology and for management and administration of
programs and activities, as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), $131,531,000: Provided,
That not to exceed $7,650 shall be for official reception and
representation expenses.
research, development, acquisition, and operations
For necessary expenses for science and technology research,
including advanced research projects, development, test and evaluation,
acquisition, and operations as authorized by title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease
of not to exceed 5 vehicles, $655,407,000, to remain available until
September 30, 2018.
Domestic Nuclear Detection Office
management and administration
For salaries and expenses of the Domestic Nuclear Detection Office,
as authorized by title XIX of the Homeland Security Act of 2002 (6
U.S.C. 591 et seq.), for management and administration of programs and
activities, $38,109,000: Provided, That not to exceed $2,250 shall be
for official reception and representation expenses.
research, development, and operations
For necessary expenses for radiological and nuclear research,
development, testing, evaluation, and operations, $196,000,000, to
remain available until September 30, 2018.
systems acquisition
For necessary expenses for the Domestic Nuclear Detection Office
acquisition and deployment of radiological detection systems in
accordance with the global nuclear detection architecture,
$113,011,000, to remain available until September 30, 2018.
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds
in the applicable established accounts, and thereafter may be accounted
for as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the agencies in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2016, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(4) contracts out any function or activity presently performed
by Federal employees or any new function or activity proposed to be
performed by Federal employees in the President's budget proposal
for fiscal year 2016 for the Department of Homeland Security;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces any program, project, or activity, or numbers of
personnel by 10 percent; or
(7) results from any general savings from a reduction in
personnel that would result in a change in existing programs,
projects, or activities as approved by the Congress, unless the
Committees on Appropriations of the Senate and the House of
Representatives are notified 15 days in advance of such
reprogramming of funds.
(b) Not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security by this
Act or provided by previous appropriations Acts may be transferred
between such appropriations.
(c) Any transfer under this section shall be treated as a
reprogramming of funds under subsection (a) and shall not be available
for obligation unless the Committees on Appropriations of the Senate
and the House of Representatives are notified 15 days in advance of
such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds shall
be reprogrammed within or transferred between appropriations based upon
an initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
(e) The notification thresholds and procedures set forth in this
section shall apply to any use of deobligated balances of funds
provided in previous Department of Homeland Security Appropriations
Acts.
Sec. 504. The Department of Homeland Security Working Capital
Fund, established pursuant to section 403 of Public Law 103-356 (31
U.S.C. 501 note), shall continue operations as a permanent working
capital fund for fiscal year 2016: Provided, That none of the funds
appropriated or otherwise made available to the Department of Homeland
Security may be used to make payments to the Working Capital Fund,
except for the activities and amounts allowed in the President's fiscal
year 2016 budget: Provided further, That funds provided to the Working
Capital Fund shall be available for obligation until expended to carry
out the purposes of the Working Capital Fund: Provided further, That
all Departmental components shall be charged only for direct usage of
each Working Capital Fund service: Provided further, That funds
provided to the Working Capital Fund shall be used only for purposes
consistent with the contributing component: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service: Provided further,
That the Committees on Appropriations of the Senate and the House of
Representatives shall be notified of any activity added to or removed
from the fund: Provided further, That for any activity added to the
fund, the notification shall identify sources of funds by program,
project, and activity: Provided further, That the Chief Financial
Officer of the Department of Homeland Security shall submit a quarterly
execution report with activity level detail, not later than 30 days
after the end of each quarter.
Sec. 505. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2016, as recorded in the financial records at the
time of a reprogramming request, but not later than June 30, 2017, from
appropriations for salaries and expenses for fiscal year 2016 in this
Act shall remain available through September 30, 2017, in the account
and for the purposes for which the appropriations were provided:
Provided, That prior to the obligation of such funds, a request shall
be submitted to the Committees on Appropriations of the Senate and the
House of Representatives for approval in accordance with section 503 of
this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2016 until the enactment of an Act authorizing
intelligence activities for fiscal year 2016.
Sec. 507. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used to--
(1) make or award a grant allocation, grant, contract, other
transaction agreement, or task or delivery order on a Department of
Homeland Security multiple award contract, or to issue a letter of
intent totaling in excess of $1,000,000;
(2) award a task or delivery order requiring an obligation of
funds in an amount greater than $10,000,000 from multi-year
Department of Homeland Security funds;
(3) make a sole-source grant award; or
(4) announce publicly the intention to make or award items
under paragraph (1), (2), or (3) including a contract covered by
the Federal Acquisition Regulation.
(b) The Secretary of Homeland Security may waive the prohibition
under subsection (a) if the Secretary notifies the Committees on
Appropriations of the Senate and the House of Representatives at least
3 full business days in advance of making an award or issuing a letter
as described in that subsection.
(c) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification, and
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives not later than 5 full business
days after such an award is made or letter issued.
(d) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year for
which the funds for the award were appropriated; the type of
contract; and the account from which the funds are being drawn.
(e) The Administrator of the Federal Emergency Management Agency
shall brief the Committees on Appropriations of the Senate and the
House of Representatives 5 full business days in advance of announcing
publicly the intention of making an award under ``State and Local
Programs''.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training that
cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus.
Sec. 510. (a) Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public Law
110-161; 121 Stat. 2073 and 2074) shall apply with respect to funds
made available in this Act in the same manner as such sections applied
to funds made available in that Act.
(b) The third proviso of section 537 of the Department of Homeland
Security Appropriations Act, 2006 (6 U.S.C. 114), shall hereafter not
apply with respect to funds made available in this or any other Act.
(c) Section 525 of Public Law 109-90 is amended by striking
``thereafter'', and section 554 of Public Law 111-83 is amended by
striking ``and shall report annually thereafter''.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act.
For purposes of the preceding sentence, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. Not later than 30 days after the last day of each month,
the Chief Financial Officer of the Department of Homeland Security
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a monthly budget and staffing report for that
month that includes total obligations of the Department for that month
for the fiscal year at the appropriation and program, project, and
activity levels, by the source year of the appropriation: Provided,
That total obligations for staffing shall also be provided by
subcategory of on-board and funded full-time equivalent staffing
levels, respectively: Provided further, That the report shall specify
the number of, and total obligations for, contract employees for each
office of the Department.
Sec. 514. Except as provided in section 44945 of title 49, United
States Code, funds appropriated or transferred to Transportation
Security Administration ``Aviation Security'', ``Administration'', and
``Transportation Security Support'' for fiscal years 2004 and 2005 that
are recovered or deobligated shall be available only for the
procurement or installation of explosives detection systems, air cargo,
baggage, and checkpoint screening systems, subject to notification:
Provided, That semiannual reports shall be submitted to the Committees
on Appropriations of the Senate and the House of Representatives on any
funds that are recovered or deobligated.
Sec. 515. None of the funds appropriated by this Act may be used
to process or approve a competition under Office of Management and
Budget Circular A-76 for services provided by employees (including
employees serving on a temporary or term basis) of United States
Citizenship and Immigration Services of the Department of Homeland
Security who are known as Immigration Information Officers, Immigration
Service Analysts, Contact Representatives, Investigative Assistants, or
Immigration Services Officers.
Sec. 516. Any funds appropriated to ``Coast Guard, Acquisition,
Construction, and Improvements'' for fiscal years 2002, 2003, 2004,
2005, and 2006 for the 110-123 foot patrol boat conversion that are
recovered, collected, or otherwise received as the result of
negotiation, mediation, or litigation, shall be available until
expended for the Fast Response Cutter program.
Sec. 517. The functions of the Federal Law Enforcement Training
Center instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
Sec. 518. (a) The Secretary of Homeland Security shall submit a
report not later than October 15, 2016, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during fiscal
year 2016.
(b) The Inspector General shall review the report required by
subsection (a) to assess Departmental compliance with applicable laws
and regulations and report the results of that review to the Committees
on Appropriations of the Senate and the House of Representatives not
later than February 15, 2017.
Sec. 519. None of the funds provided by this or previous
appropriations Acts shall be used to fund any position designated as a
Principal Federal Official (or the successor thereto) for any Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) declared disasters or emergencies unless--
(1) the responsibilities of the Principal Federal Official do
not include operational functions related to incident management,
including coordination of operations, and are consistent with the
requirements of section 509(c) and sections 503(c)(3) and
503(c)(4)(A) of the Homeland Security Act of 2002 (6 U.S.C. 319(c),
313(c)(3), and 313(c)(4)(A)) and section 302 of the Robert T.
Stafford Disaster Relief and Assistance Act (42 U.S.C. 5143);
(2) not later than 10 business days after the latter of the
date on which the Secretary of Homeland Security appoints the
Principal Federal Official and the date on which the President
issues a declaration under section 401 or section 501 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 and 5191, respectively), the Secretary of Homeland Security
shall submit a notification of the appointment of the Principal
Federal Official and a description of the responsibilities of such
Official and how such responsibilities are consistent with
paragraph (1) to the Committees on Appropriations of the Senate and
the House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives;
and
(3) not later than 60 days after the date of enactment of this
Act, the Secretary shall provide a report specifying timeframes and
milestones regarding the update of operations, planning and policy
documents, and training and exercise protocols, to ensure
consistency with paragraph (1) of this section.
Sec. 520. None of the funds provided or otherwise made available
in this Act shall be available to carry out section 872 of the Homeland
Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by
Congress.
Sec. 521. (a) None of the funds appropriated by this or previous
appropriations Acts may be used to establish an Office of Chemical,
Biological, Radiological, Nuclear, and Explosives Defense until such
time as Congress has authorized such establishment.
(b) Subject to the limitation in subsection (a) and notwithstanding
section 503 of this Act, the Secretary may transfer funds for the
purpose of executing authorization of the Office of Chemical,
Biological, Radiological, Nuclear, and Explosives Defense.
(c) Not later than 15 days before transferring funds pursuant to
subsection (b), the Secretary of Homeland Security shall submit a
report to the Committees on Appropriations of the Senate and the House
of Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committee on Homeland Security of the
House of Representatives on--
(1) the transition plan for the establishment of the office;
and
(2) the funds and positions to be transferred by source.
Sec. 522. None of the funds made available in this Act may be used
by United States Citizenship and Immigration Services to grant an
immigration benefit unless the results of background checks required by
law to be completed prior to the granting of the benefit have been
received by United States Citizenship and Immigration Services, and the
results do not preclude the granting of the benefit.
Sec. 523. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2015,'' and inserting ``Until September 30, 2016,''; and
(2) in subsection (c)(1), by striking ``September 30, 2015,''
and inserting ``September 30, 2016,''.
Sec. 524. The Secretary of Homeland Security shall require that
all contracts of the Department of Homeland Security that provide award
fees link such fees to successful acquisition outcomes (which outcomes
shall be specified in terms of cost, schedule, and performance).
Sec. 525. Notwithstanding any other provision of law, none of the
funds provided in this or any other Act shall be used to approve a
waiver of the navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b) for the transportation of crude oil distributed from and
to the Strategic Petroleum Reserve until the Secretary of Homeland
Security, after consultation with the Secretaries of the Departments of
Energy and Transportation and representatives from the United States
flag maritime industry, takes adequate measures to ensure the use of
United States flag vessels: Provided, That the Secretary shall notify
the Committees on Appropriations of the Senate and the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any request
for waivers of navigation and vessel-inspection laws pursuant to 46
U.S.C. 501(b).
Sec. 526. None of the funds made available in this Act for U.S.
Customs and Border Protection may be used to prevent an individual not
in the business of importing a prescription drug (within the meaning of
section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
importing a prescription drug from Canada that complies with the
Federal Food, Drug, and Cosmetic Act: Provided, That this section
shall apply only to individuals transporting on their person a
personal-use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 527. None of the funds in this Act shall be used to reduce
the Coast Guard's Operations Systems Center mission or its government-
employed or contract staff levels.
Sec. 528. The Secretary of Homeland Security, in consultation with
the Secretary of the Treasury, shall notify the Committees on
Appropriations of the Senate and the House of Representatives of any
proposed transfers of funds available under section 9703.1(g)(4)(B) of
title 31, United States Code (as added by Public Law 102-393) from the
Department of the Treasury Forfeiture Fund to any agency within the
Department of Homeland Security: Provided, That none of the funds
identified for such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives approve
the proposed transfers.
Sec. 529. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national
identification card.
Sec. 530. None of the funds appropriated by this Act may be used
to conduct, or to implement the results of, a competition under Office
of Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 531. Any official that is required by this Act to report or
to certify to the Committees on Appropriations of the Senate and the
House of Representatives may not delegate such authority to perform
that act unless specifically authorized herein.
Sec. 532. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other
detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 533. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 534. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 535. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may
be used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 536. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 537. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes
take into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 538. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, up to $10,000,000 may be allocated by United States
Citizenship and Immigration Services in fiscal year 2016 for the
purpose of providing an immigrant integration grants program.
(b) None of the funds made available to United States Citizenship
and Immigration Services for grants for immigrant integration may be
used to provide services to aliens who have not been lawfully admitted
for permanent residence.
Sec. 539. For an additional amount for the ``Office of the Under
Secretary for Management'', $215,679,000, to remain available until
expended, for necessary expenses to plan, acquire, design, construct,
renovate, remediate, equip, furnish, improve infrastructure, and occupy
buildings and facilities for the Department headquarters consolidation
project and associated mission support consolidation: Provided, That
the Committees on Appropriations of the Senate and the House of
Representatives shall receive an expenditure plan not later than 90
days after the date of enactment of this Act detailing the allocation
of these funds.
Sec. 540. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of subtitle I of title
41, United States Code, or chapter 137 of title 10, United States Code,
and the Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without regard to
the above referenced statutes.
Sec. 541. (a) For an additional amount for financial systems
modernization, $52,977,000 to remain available until September 30,
2017.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section
503 of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 542. (a) For an additional amount for cybersecurity to
safeguard and enhance Department of Homeland Security systems and
capabilities, $100,000,000 to remain available until September 30,
2017.
(b) Funds made available in subsection (a) for cybersecurity may be
transferred by the Secretary of Homeland Security between
appropriations for the same purpose, notwithstanding section 503 of
this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 543. (a) For an additional amount for emergent threats from
violent extremism and from complex, coordinated terrorist attacks,
$50,000,000 to remain available until September 30, 2017.
(b) Funds made available in subsection (a) for emergent threats may
be transferred by the Secretary of Homeland Security between
appropriations for the same purpose, notwithstanding section 503 of
this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 544. The Secretary of Homeland Security may transfer to the
fund established by 8 U.S.C. 1101 note, up to $20,000,000 from
appropriations available to the Department of Homeland Security:
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives 5 days in
advance of such transfer.
Sec. 545. The Secretary of Homeland Security shall ensure
enforcement of all immigration laws (as defined in section 101(a)(17)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
Sec. 546. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 547. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a drug
cartel unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
Sec. 548. None of the funds provided in this or any other Act may
be obligated to implement the National Preparedness Grant Program or
any other successor grant programs unless explicitly authorized by
Congress.
Sec. 549. None of the funds made available in this Act may be used
to provide funding for the position of Public Advocate, or a successor
position, within U.S. Immigration and Customs Enforcement.
Sec. 550. Section 559(e)(3)(D) of Public Law 113-76 is amended by
striking ``five pilots per year'' and inserting ``10 pilots per year''.
Sec. 551. None of the funds made available in this Act may be used
to pay for the travel to or attendance of more than 50 employees of a
single component of the Department of Homeland Security, who are
stationed in the United States, at a single international conference
unless the Secretary of Homeland Security, or a designee, determines
that such attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination and the
basis for that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided further,
That the total cost to the Department of Homeland Security of any such
conference shall not exceed $500,000.
Sec. 552. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in
a National Special Security Event.
Sec. 553. With the exception of countries with preclearance
facilities in service prior to 2013, none of the funds made available
in this Act may be used for new U.S. Customs and Border Protection air
preclearance agreements entering into force after February 1, 2014,
unless: (1) the Secretary of Homeland Security, in consultation with
the Secretary of State, has certified to Congress that air preclearance
operations at the airport provide a homeland or national security
benefit to the United States; (2) U.S. passenger air carriers are not
precluded from operating at existing preclearance locations; and (3) a
U.S. passenger air carrier is operating at all airports contemplated
for establishment of new air preclearance operations.
Sec. 554. None of the funds made available by this or any other
Act may be used by the Administrator of the Transportation Security
Administration to implement, administer, or enforce, in abrogation of
the responsibility described in section 44903(n)(1) of title 49, United
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any
airport at which the Transportation Security Administration provided
such monitoring as of December 1, 2013.
Sec. 555. The administrative law judge annuitants participating in
the Senior Administrative Law Judge Program managed by the Director of
the Office of Personnel Management under section 3323 of title 5,
United States Code, shall be available on a temporary reemployment
basis to conduct arbitrations of disputes arising from delivery of
assistance under the Federal Emergency Management Agency Public
Assistance Program.
Sec. 556. As authorized by section 601(b) of the United States-
Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
42) fees collected from passengers arriving from Canada, Mexico, or an
adjacent island pursuant to section 13031(a)(5) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall
be available until expended.
Sec. 557. None of the funds made available to the Department of
Homeland Security by this or any other Act may be obligated for any
structural pay reform that affects more than 100 full-time equivalent
employee positions or costs more than $5,000,000 in a single year
before the end of the 30-day period beginning on the date on which the
Secretary of Homeland Security submits to Congress a notification that
includes--
(1) the number of full-time equivalent employee positions
affected by such change;
(2) funding required for such change for the current year and
through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 558. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public Web site
of that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland or
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days except as otherwise
specified in law.
Sec. 559. (a) In General.--Beginning on the date of enactment of
this Act, the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) Border Crossing Fee Defined.--In this section, the term
``border crossing fee'' means a fee that every pedestrian, cyclist, and
driver and passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern border at
a land port of entry.
Sec. 560. Notwithstanding any other provision of law, grants
awarded to States along the Southwest Border of the United States under
sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C.
604 and 605) using funds provided under the heading ``Federal Emergency
Management Agency, State and Local Programs'' in this Act, Public Law
114-4, division F of Public Law 113-76, or division D of Public Law
113-6 may be used by recipients or sub-recipients for costs, or
reimbursement of costs, related to providing humanitarian relief to
unaccompanied alien children and alien adults accompanied by an alien
minor where they are encountered after entering the United States,
provided that such costs were incurred between January 1, 2014, and
December 31, 2014, or during the award period of performance.
Sec. 561. (a) Each major acquisition program of the Department of
Homeland Security, as defined in Department of Homeland Security
Management Directive 102-2, shall meet established acquisition
documentation requirements for its acquisition program baseline
established in the Department of Homeland Security Instruction Manual
102-01-001 and the Department of Homeland Security Acquisition
Instruction/Guidebook 102-01-001, Appendix K.
(b) The Department shall report to the Committees on Appropriations
of the Senate and the House of Representatives in the Comprehensive
Acquisition Status Report and its quarterly updates, required under the
heading ``Office of the Under Secretary for Management'' of this Act,
on any major acquisition program that does not meet such documentation
requirements and the schedule by which the program will come into
compliance with these requirements.
(c) None of the funds made available by this or any other Act for
any fiscal year may be used for a major acquisition program that is out
of compliance with such documentation requirements for more than two
years except that funds may be used solely to come into compliance with
such documentation requirements or to terminate the program.
Sec. 562. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's budget
proposal to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on the Department of
Homeland Security that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should occur
in the event the user fees proposals are not enacted prior to the date
of the convening of a committee of conference for the fiscal year 2017
appropriations Act.
Sec. 563. (a) The Secretary of Homeland Security may include, in
the President's budget proposal for fiscal year 2017, submitted
pursuant to section 1105(a) of title 31, United States Code, and
accompanying justification materials, an account structure under which
each appropriation under each agency heading either remains the same as
fiscal year 2016 or falls within the following categories of
appropriations:
(1) Operations and Support.
(2) Procurements, Construction, and Improvements.
(3) Research and Development.
(4) Federal Assistance.
(b) The Under Secretary for Management, acting through the Chief
Financial Officer, shall determine and provide centralized guidance to
each agency on how to structure appropriations for purposes of
subsection (a).
(c) Not earlier than October 1, 2016, the accounts designated under
subsection (a) may be established, and the Secretary of Homeland
Security may execute appropriations of the Department as provided
pursuant to such subsection, including any continuing appropriations
made available for fiscal year 2017 before enactment of a regular
appropriations Act.
(d) Notwithstanding any other provision of law, the Secretary of
Homeland Security may transfer any appropriation made available to the
Department of Homeland Security by any appropriations Acts to the
accounts created pursuant to subsection (c) to carry out the
requirements of such subsection, and shall notify the Committees on
Appropriations of the Senate and the House of Representatives within 5
days of each transfer.
(e)(1) Not later than November 1, 2016, the Secretary of Homeland
Security shall establish the preliminary baseline for application of
reprogramming and transfer authorities and submit the report specified
in paragraph (2) to the Committees on Appropriations of the Senate and
the House of Representatives.
(2) The report required in this subsection shall include--
(A) a delineation of the amount and account of each transfer
made pursuant to subsection (c) or (d);
(B) a table for each appropriation with a separate column to
display the President's budget proposal, adjustments made by
Congress, adjustments due to enacted rescissions, if appropriate,
adjustments made pursuant to the transfer authority in subsection
(c) or (d), and the fiscal year level;
(C) a delineation in the table for each appropriation, adjusted
as described in paragraph (2), both by budget activity and program,
project, and activity as detailed in the Budget Appendix; and
(D) an identification of funds directed for a specific
activity.
(f) The Secretary shall not exercise the authority provided in
subsections (c), (d), and (e) unless, not later than April 1, 2016, the
Chief Financial Officer has submitted to the Committees on
Appropriations of the Senate and the House of Representatives--
(1) technical assistance on new legislative language in the
account structure under subsection (a);
(2) comparison tables of fiscal years 2015, 2016, and 2017 in
the account structure under subsection (a);
(3) cross-component comparisons that the account structure
under subsection (a) facilitates;
(4) a copy of the interim financial management policy manual
addressing changes made in this Act;
(5) an outline of the financial management policy manual
changes necessary for the account structure under subsection (a);
(6) proposed changes to transfer and reprogramming
requirements, including technical assistance on legislative
language;
(7) certification by the Chief Financial Officer that the
Department's financial systems can report in the new account
structure; and
(8) a plan for training and implementation of the account
structure under subsections (a) and (c).
Sec. 564. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 565. Section 214(g)(9)(A) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)(9)(A)) is amended by striking ``2004, 2005, or
2006 shall not again be counted toward such limitation during fiscal
year 2007.'' and inserting ``2013, 2014, or 2015 shall not again be
counted toward such limitation during fiscal year 2016.''.
Sec. 566. For an additional amount for ``U.S. Customs and Border
Protection, Salaries and Expenses'', $14,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation from amounts authorized to be collected by section 286(i)
of the Immigration and Nationality Act (8 U.S.C. 1356(i)), section
10412 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8311), and section 817 of the Trade Facilitation and Trade Enforcement
Act of 2015: Provided, That to the extent that amounts realized from
such collections exceed $14,000,000, those amounts in excess of
$14,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That this authority is
contingent on enactment of the Trade Facilitation and Trade Enforcement
Act of 2015.
(rescissions)
Sec. 567. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177):
(1) $27,338,000 from Public Law 109-88;
(2) $4,188,000 from unobligated prior year balances from
``Analysis and Operations'';
(3) $7,000,000 from unobligated prior year balances from ``U.S.
Customs and Border Protection, Automation Modernization'';
(4) $21,856,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Border Security, Fencing,
Infrastructure, and Technology'';
(5) $4,500,000 from unobligated prior year balances from ``U.S.
Customs and Border Protection, Construction and Facilities
Management'';
(6) $158,414,000 from Public Law 114-4 under the heading
``Transportation Security Administration, Aviation Security'';
(7) $14,000,000 from Public Law 114-4 under the heading
``Transportation Security Administration, Surface Transportation
Security'';
(8) $5,800,000 from Public Law 112-74 under the heading ``Coast
Guard, Acquisition, Construction, and Improvements'';
(9) $16,445,000 from Public Law 113-76 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(10) $13,758,918 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund'' account 70 <greek-e> 0716;
(11) $393,178 from Public Law 113-6 under the heading ``Science
and Technology, Research, Development, Acquisition, and
Operations'';
(12) $8,500,000 from Public Law 113-76 under the heading
``Science and Technology, Research, Development, Acquisition, and
Operations''; and
(13) $1,106,822 from Public Law 114-4 under the heading
``Science and Technology, Research, Development, Acquisition, and
Operations''.
(rescissions)
Sec. 568. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $417,017 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(2) $15,238 from ``Federal Emergency Management Agency, Office
of Domestic Preparedness''; and
(3) $573,828 from ``Federal Emergency Management Agency,
National Predisaster Mitigation Fund''.
(rescissions)
Sec. 569. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2015 (Public Law
114-4) are rescinded:
(1) $361,242 from ``Office of the Secretary and Executive
Management'';
(2) $146,547 from ``Office of the Under Secretary for
Management'';
(3) $25,859 from ``Office of the Chief Financial Officer'';
(4) $507,893 from ``Office of the Chief Information Officer'';
(5) $301,637 from ``Analysis and Operations'';
(6) $20,856 from ``Office of Inspector General'';
(7) $598,201 from ``U.S. Customs and Border Protection,
Salaries and Expenses'';
(8) $254,322 from ``U.S. Customs and Border Protection,
Automation Modernization'';
(9) $450,806 from ``U.S. Customs and Border Protection, Air and
Marine Operations'';
(10) $2,461,665 from ``U.S. Immigration and Customs
Enforcement, Salaries and Expenses'';
(11) $8,653,853 from ``Coast Guard, Operating Expenses'';
(12) $515,040 from ``Coast Guard, Reserve Training'';
(13) $970,844 from ``Coast Guard, Acquisition, Construction,
and Improvements'';
(14) $4,212,971 from ``United States Secret Service, Salaries
and Expenses'';
(15) $27,360 from ``National Protection and Programs
Directorate, Management and Administration'';
(16) $188,146 from ``National Protection and Programs
Directorate, Infrastructure Protection and Information Security'';
(17) $986 from ``National Protection and Programs Directorate,
Office of Biometric Identity Management'';
(18) $20,650 from ``Office of Health Affairs'';
(19) $236,332 from ``Federal Emergency Management Agency,
United States Fire Administration'';
(20) $3,086,173 from ``United States Citizenship and
Immigration Services'';
(21) $558,012 from ``Federal Law Enforcement Training Center,
Salaries and Expenses'';
(22) $284,796 from ``Science and Technology, Management and
Administration''; and
(23) $83,861 from ``Domestic Nuclear Detection Office,
Management and Administration''.
(rescission)
Sec. 570. From the unobligated balances made available in the
Department of the Treasury Forfeiture Fund established by section 9703
of title 31, United States Code (added by section 638 of Public Law
102-393), $176,000,000 shall be rescinded.
(rescission)
Sec. 571. Of the unobligated balances made available to ``Federal
Emergency Management Agency, Disaster Relief Fund'', $1,021,879,000
shall be rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That no amounts may be rescinded from the amounts
that were designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 572. Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be
applied by substituting ``September 30, 2016'' for the date specified
in section 106(3) of the Continuing Appropriations Act, 2016 (Public
Law 114-53).
Sec. 573. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and
(III)) shall be applied by substituting ``September 30, 2016'' for the
date specified in section 106(3) of the Continuing Appropriations Act,
2016 (Public Law 114-53).
Sec. 574. Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied
by substituting ``September 30, 2016'' for the date specified in
section 106(3) of the Continuing Appropriations Act, 2016 (Public Law
114-53).
Sec. 575. Section 610(b) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note) shall be applied by substituting ``September 30,
2016'' for the date specified in section 106(3) of the Continuing
Appropriations Act, 2016 (Public Law 114-53).
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2016''.
DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law,
in the management of lands and their resources under the jurisdiction
of the Bureau of Land Management, including the general administration
of the Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,072,675,000, to remain available until expended, including all such
amounts as are collected from permit processing fees, as authorized but
made subject to future appropriation by section 35(d)(3)(A)(i) of the
Mineral Leasing Act (30 U.S.C. 191), except that amounts from permit
processing fees may be used for any bureau-related expenses associated
with the processing of oil and gas applications for permits to drill
and related use of authorizations; of which $3,000,000 shall be
available in fiscal year 2016 subject to a match by at least an equal
amount by the National Fish and Wildlife Foundation for cost-shared
projects supporting conservation of Bureau lands; and such funds shall
be advanced to the Foundation as a lump-sum grant without regard to
when expenses are incurred.
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2016, so as to result in a final appropriation estimated at
not more than $1,072,675,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d)
of Public Law 94-579, including administrative expenses and acquisition
of lands or waters, or interests therein, $38,630,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-
of-way; and acquisition of lands or interests therein, including
existing connecting roads on or adjacent to such grant lands;
$107,734,000, to remain available until expended: Provided, That 25
percent of the aggregate of all receipts during the current fiscal year
from the revested Oregon and California Railroad grant lands is hereby
made a charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the Act of
August 28, 1937 (43 U.S.C. 1181f).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent
of all moneys received during the prior fiscal year under sections 3
and 15 of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under
section 28 of the Mineral Leasing Act (30 U.S.C. 185), to remain
available until expended: Provided, That, notwithstanding any
provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect,
or rehabilitate any public lands administered through the Bureau of
Land Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided further,
That any such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be used to
repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private
entities, including with States. Appropriations for the Bureau shall be
available for purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary buildings and
appurtenant facilities to which the United States has title; up to
$100,000 for payments, at the discretion of the Secretary, for
information or evidence concerning violations of laws administered by
the Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be accounted
for solely on the Secretary's certificate, not to exceed $10,000:
Provided, That notwithstanding Public Law 90-620 (44 U.S.C. 501), the
Bureau may, under cooperative cost-sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting accepted quality
standards: Provided further, That projects to be funded pursuant to a
written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for processing
into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,238,771,000, to remain
available until September 30, 2017: Provided, That not to exceed
$20,515,000 shall be used for implementing subsections (a), (b), (c),
and (e) of section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and issuing proposed
and final regulations, and taking any other steps to implement actions
described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of
which not to exceed $4,605,000 shall be used for any activity regarding
the designation of critical habitat, pursuant to subsection (a)(3),
excluding litigation support, for species listed pursuant to subsection
(a)(1) prior to October 1, 2014; of which not to exceed $1,501,000
shall be used for any activity regarding petitions to list species that
are indigenous to the United States pursuant to subsections (b)(3)(A)
and (b)(3)(B); and, of which not to exceed $1,504,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533) for species that are
not indigenous to the United States.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$23,687,000, to remain available until expended.
land acquisition
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance with
statutory authority applicable to the United States Fish and Wildlife
Service, $68,500,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, of which,
notwithstanding section 200306 of title 54, United States Code, not
more than $10,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004, including not to
exceed $320,000 for administrative expenses: Provided, That none of
the funds appropriated for specific land acquisition projects may be
used to pay for any administrative overhead, planning or other
management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $53,495,000, to remain available
until expended, of which $22,695,000 is to be derived from the
Cooperative Endangered Species Conservation Fund; and of which
$30,800,000 is to be derived from the Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$35,145,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine
Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $11,061,000,
to remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $60,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$4,084,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $5,487,000 is for a competitive grant program to
implement approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the regional
Associations of fish and wildlife agencies, not subject to the
remaining provisions of this appropriation: Provided further, That the
Secretary shall, after deducting $9,571,000 and administrative
expenses, apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of Puerto Rico,
each a sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, each a sum equal to not
more than one-fourth of 1 percent thereof: Provided further, That the
Secretary shall apportion the remaining amount in the following manner:
(1) one-third of which is based on the ratio to which the land area of
such State bears to the total land area of all such States; and (2)
two-thirds of which is based on the ratio to which the population of
such State bears to the total population of all such States: Provided
further, That the amounts apportioned under this paragraph shall be
adjusted equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment under
this paragraph for any fiscal year or more than 5 percent of such
amount: Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects and the
Federal share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the non-
Federal share of such projects may not be derived from Federal grant
programs: Provided further, That any amount apportioned in 2016 to any
State, territory, or other jurisdiction that remains unobligated as of
September 30, 2017, shall be reapportioned, together with funds
appropriated in 2018, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of
damage to public roads within and adjacent to reservation areas caused
by operations of the Service; options for the purchase of land at not
to exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant
to law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership
arrangements authorized by law, procure printing services from
cooperators in connection with jointly produced publications for which
the cooperators share at least one-half the cost of printing either in
cash or services and the Service determines the cooperator is capable
of meeting accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for existing
aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all
fees collected for non-toxic shot review and approval shall be
deposited under the heading ``United States Fish and Wildlife Service--
Resource Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of such
non-toxic shot type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National Park
Service, $2,369,596,000, of which $10,001,000 for planning and
interagency coordination in support of Everglades restoration and
$99,461,000 for maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30, 2017:
Provided, That funds appropriated under this heading in this Act are
available for the purposes of section 5 of Public Law 95-348 and
section 204 of Public Law 93-486, as amended by section 1(3) of Public
Law 100-355.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $62,632,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $65,410,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2017, of which $500,000 is
for competitive grants for the survey and nomination of properties to
the National Register of Historic Places and as National Historic
Landmarks associated with communities currently underrepresented, as
determined by the Secretary, and of which $8,000,000 is for competitive
grants to preserve the sites and stories of the Civil Rights movement:
Provided, That such competitive grants shall be made without imposing
the matching requirements in section 302902(b)(3) of title 54, United
States Code to States and Indian tribes as defined in chapter 3003 of
such title, Native Hawaiian organizations, local governments, including
Certified Local Governments, and nonprofit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, including modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989 (16
U.S.C. 410r-8), $192,937,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, for any
project initially funded in fiscal year 2016 with a future phase
indicated in the National Park Service 5-Year Line Item Construction
Plan, a single procurement may be issued which includes the full scope
of the project: Provided further, That the solicitation and contract
shall contain the clause availability of funds found at 48 CFR 52.232-
18: Provided further, That National Park Service Donations, Park
Concessions Franchise Fees, and Recreation Fees may be made available
for the cost of adjustments and changes within the original scope of
effort for projects funded by the National Park Service Construction
appropriation: Provided further, That the Secretary of the Interior
shall consult with the Committees on Appropriations, in accordance with
current reprogramming thresholds, prior to making any charges
authorized by this section.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2016 by section
200308 of title 54, United States Code, is rescinded.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of lands or waters, or interest therein, in accordance with
the statutory authority applicable to the National Park Service,
$173,670,000, to be derived from the Land and Water Conservation Fund
and to remain available until expended, of which $110,000,000 is for
the State assistance program and of which $10,000,000 shall be for the
American Battlefield Protection Program grants as authorized by chapter
3081 of title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $15,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets,
or a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a sub-account
shall be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts
over the term of the contract at that unit exceed the amount of funds
used to extinguish or reduce liability. Franchise fees at the
benefitting unit shall be credited to the sub-account of the
originating unit over a period not to exceed the term of a single
contract at the benefitting unit, in the amount of funds so expended to
extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-432), the National Park
Service may retain up to 3 percent of the amounts which are authorized
to be disbursed under such section, such retained amounts to remain
available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
In fiscal year 2016 and each fiscal year thereafter, any amounts
deposited into the National Park Service trust fund accounts (31 U.S.C.
1321(a)(l7)-(18)) shall be invested by the Secretary of the Treasury in
interest bearing obligations of the United States to the extent such
amounts are not, in his judgment, required to meet current withdrawals:
Provided, That interest earned by such investments shall be available
for obligation without further appropriation, to the benefit of the
project.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
and related purposes as authorized by law; and to publish and
disseminate data relative to the foregoing activities; $1,062,000,000,
to remain available until September 30, 2017; of which $57,637,189
shall remain available until expended for satellite operations; and of
which $7,280,000 shall be available until expended for deferred
maintenance and capital improvement projects that exceed $100,000 in
cost: Provided, That none of the funds provided for the ecosystem
research activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the property
owner: Provided further, That no part of this appropriation shall be
used to pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee for
Geological Sciences; and payment of compensation and expenses of
persons employed by the Survey duly appointed to represent the United
States in the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or cooperative
agreements as defined in section 6302 of title 31, United States Code:
Provided further, That the United States Geological Survey may enter
into contracts or cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations, without regard
to 41 U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code, relating
to compensation for travel and work injuries, and chapter 171 of title
28, United States Code, relating to tort claims, but shall not be
considered to be Federal employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements, rights-of-
way and agreements for use for oil and gas, other minerals, energy, and
marine-related purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for environmental
studies, as authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and for
matching grants or cooperative agreements, $170,857,000, of which
$74,235,000, is to remain available until September 30, 2017 and of
which $96,622,000 is to remain available until expended: Provided,
That this total appropriation shall be reduced by amounts collected by
the Secretary and credited to this appropriation from additions to
receipts resulting from increases to lease rental rates in effect on
August 5, 1993, and from cost recovery fees from activities conducted
by the Bureau of Ocean Energy Management pursuant to the Outer
Continental Shelf Lands Act, including studies, assessments, analysis,
and miscellaneous administrative activities: Provided further, That
the sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2016 appropriation estimated at not more than $74,235,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and
gas, other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $124,772,000, of which $67,565,000 is to remain
available until September 30, 2017 and of which $57,207,000 is to
remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the Secretary
and credited to this appropriation from additions to receipts resulting
from increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau of
Safety and Environmental Enforcement pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the
sum herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final fiscal year
2016 appropriation estimated at not more than $67,565,000.
For an additional amount, $65,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2016, as provided
in this Act: Provided, That to the extent that amounts realized from
such inspection fees exceed $65,000,000, the amounts realized in excess
of $65,000,000 shall be credited to this appropriation and remain
available until expended: Provided further, That for fiscal year 2016,
not less than 50 percent of the inspection fees expended by the Bureau
of Safety and Environmental Enforcement will be used to fund personnel
and mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
oil spill research
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
the Oil Pollution Act of 1990, $14,899,000, which shall be derived from
the Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$123,253,000, to remain available until September 30, 2017: Provided,
That appropriations for the Office of Surface Mining Reclamation and
Enforcement may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further,
That the sum herein appropriated from the general fund shall be reduced
as collections are received during the fiscal year, so as to result in
a fiscal year 2016 appropriation estimated at not more than
$123,253,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $27,303,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of the Interior is authorized to use up to 20
percent from the recovery of the delinquent debt owed to the United
States Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of Public
Law 95-87 may be used for any required non-Federal share of the cost of
projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid
mine drainage from abandoned mines: Provided further, That such
projects must be consistent with the purposes and priorities of the
Surface Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $90,000,000, to remain available until expended, for
grants to States for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That such additional
amount shall be used for economic and community development in
conjunction with the priorities in section 403(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided
further, That such additional amount shall be distributed in equal
amounts to the 3 Appalachian States with the greatest amount of
unfunded needs to meet the priorities described in paragraphs (1) and
(2) of such section: Provided further, That such additional amount
shall be allocated to States within 60 days after the date of enactment
of this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), $2,267,924,000, to remain available until
September 30, 2017, except as otherwise provided herein; of which not
to exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $74,791,000 shall be for welfare
assistance payments: Provided, That, in cases of designated Federal
disasters, the Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities affected
by the disaster: Provided further, That federally recognized Indian
tribes and tribal organizations of federally recognized Indian tribes
may use their tribal priority allocations for unmet welfare assistance
costs: Provided further, That not to exceed $628,351,000 for school
operations costs of Bureau-funded schools and other education programs
shall become available on July 1, 2016, and shall remain available
until September 30, 2017: Provided further, That not to exceed
$43,813,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, land
records improvement, and the Navajo-Hopi Settlement Program: Provided
further, That, notwithstanding any other provision of law, including
but not limited to the Indian Self-Determination Act of 1975 (25 U.S.C.
450f et seq.) and section 1128 of the Education Amendments of 1978 (25
U.S.C. 2008), not to exceed $73,276,000 within and only from such
amounts made available for school operations shall be available for
administrative cost grants associated with grants approved prior to
July 1, 2016: Provided further, That any forestry funds allocated to a
federally recognized tribe which remain unobligated as of September 30,
2017, may be transferred during fiscal year 2018 to an Indian forest
land assistance account established for the benefit of the holder of
the funds within the holder's trust fund account: Provided further,
That any such unobligated balances not so transferred shall expire on
September 30, 2018: Provided further, That, in order to enhance the
safety of Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for personnel.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Bureau of Indian Affairs for fiscal
year 2016, such sums as may be necessary, which shall be available for
obligation through September 30, 2017: Provided, That amounts
obligated but not expended by a tribe or tribal organization for
contract support costs for such agreements for the current fiscal year
shall be applied to contract support costs otherwise due for such
agreements for subsequent fiscal years: Provided further, That,
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and preparation
of lands for farming, and for construction of the Navajo Indian
Irrigation Project pursuant to Public Law 87-483, $193,973,000, to
remain available until expended: Provided, That such amounts as may be
available for the construction of the Navajo Indian Irrigation Project
may be transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available to the
Bureau of Indian Affairs from the Federal Highway Trust Fund may be
used to cover the road program management costs of the Bureau:
Provided further, That any funds provided for the Safety of Dams
program pursuant to 25 U.S.C. 13 shall be made available on a
nonreimbursable basis: Provided further, That for fiscal year 2016, in
implementing new construction, replacement facilities construction, or
facilities improvement and repair project grants in excess of $100,000
that are provided to grant schools under Public Law 100-297, the
Secretary of the Interior shall use the Administrative and Audit
Requirements and Cost Principles for Assistance Programs contained in
43 CFR part 12 as the regulatory requirements: Provided further, That
such grants shall not be subject to section 12.61 of 43 CFR; the
Secretary and the grantee shall negotiate and determine a schedule of
payments for the work to be performed: Provided further, That in
considering grant applications, the Secretary shall consider whether
such grantee would be deficient in assuring that the construction
projects conform to applicable building standards and codes and
Federal, tribal, or State health and safety standards as required by 25
U.S.C. 2005(b), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines a grant
application, the Secretary shall follow the requirements contained in
25 U.S.C. 2504(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2507(e): Provided further, That in
order to ensure timely completion of construction projects, the
Secretary may assume control of a project and all funds related to the
project, if, within 18 months of the date of enactment of this Act, any
grantee receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the project and
commenced construction: Provided further, That this appropriation may
be reimbursed from the Office of the Special Trustee for American
Indians appropriation for the appropriate share of construction costs
for space expansion needed in agency offices to meet trust reform
implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, and 111-291, and for
implementation of other land and water rights settlements, $49,475,000,
to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $7,748,000, of
which $1,062,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is
to be guaranteed or insured, not to exceed $113,804,510.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and Executive
Direction and Administrative Services (except executive direction and
administrative services funding for Tribal Priority Allocations,
regional offices, and facilities operations and maintenance) shall be
available for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of 1994
(Public Law 103-413).
In the event any tribe returns appropriations made available by
this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government's trust responsibility to that tribe,
or the government-to-government relationship between the United States
and that tribe, or that tribe's ability to access future
appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Education, other than the amounts provided herein
for assistance to public schools under 25 U.S.C. 452 et seq., shall be
available to support the operation of any elementary or secondary
school in the State of Alaska.
No funds available to the Bureau of Indian Education shall be used
to support expanded grades for any school or dormitory beyond the grade
structure in place or approved by the Secretary of the Interior at each
school in the Bureau of Indian Education school system as of October 1,
1995, except that the Secretary of the Interior may waive this
prohibition to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support accomplishment of
the mission of the Bureau of Indian Education. Appropriations made
available in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding formula,
only to the schools in the Bureau school system as of September 1,
1996, and to any school or school program that was reinstated in fiscal
year 2012. Funds made available under this Act may not be used to
establish a charter school at a Bureau-funded school (as that term is
defined in section 1141 of the Education Amendments of 1978 (25 U.S.C.
2021)), except that a charter school that is in existence on the date
of the enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during that
period, but only if the charter school pays to the Bureau a pro rata
share of funds to reimburse the Bureau for the use of the real and
personal property (including buses and vans), the funds of the charter
school are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of the State
in which the school is located if the charter school loses such
funding. Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter school's
operation and employees of a charter school shall not be treated as
Federal employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including section 113
of title I of appendix C of Public Law 106-113, if in fiscal year 2003
or 2004 a grantee received indirect and administrative costs pursuant
to a distribution formula based on section 5(f) of Public Law 101-301,
the Secretary shall continue to distribute indirect and administrative
cost funds to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this prohibition
in order for an Indian tribe to provide language and cultural immersion
educational programs for non-public schools located within the
jurisdictional area of the tribal government which exclusively serve
tribal members, do not include grades beyond those currently served at
the existing Bureau-funded school, provide an educational environment
with educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal, Federal, or
State health and safety standards, and the Americans with Disabilities
Act, and demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs, such as
for transportation or other impacts to students such as those caused by
busing students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction or other facilities-related costs for such
assets that are not owned by the Bureau: Provided further, That the
term ``satellite school'' means a school location physically separated
from the existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of the
Interior, including the collection and disbursement of royalties, fees,
and other mineral revenue proceeds, and for grants and cooperative
agreements, as authorized by law, $721,769,000, to remain available
until September 30, 2017; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines; and of which $12,618,000 for the
Office of Valuation Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and of
which $38,300,000 shall remain available until expended for the purpose
of mineral revenue management activities: Provided, That
notwithstanding any other provision of law, $15,000 under this heading
shall be available for refunds of overpayments in connection with
certain Indian leases in which the Secretary concurred with the claimed
refund due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments.
administrative provisions
For fiscal year 2016, up to $400,000 of the payments authorized by
the Act of October 20, 1976 (31 U.S.C. 6901-6907) may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That no payment shall be made pursuant to that Act to
otherwise eligible units of local government if the computed amount of
the payment is less than $100: Provided further, That the Secretary
may reduce the payment authorized by 31 U.S.C. 6901-6907 for an
individual county by the amount necessary to correct prior year
overpayments to that county: Provided further, That the amount needed
to correct a prior year underpayment to an individual county shall be
paid from any reductions for overpayments to other counties and the
amount necessary to cover any remaining underpayment is hereby
appropriated and shall be paid to individual counties: Provided
further, That of the total amount made available by this title for
``Office of the Secretary--Departmental Operations'', $452,000,000
shall be available to the Secretary of the Interior for an additional
amount for fiscal year 2016 for payments in lieu of taxes under chapter
69 of title 31, United States Code.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $86,976,000, of
which: (1) $77,528,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as
authorized by law (48 U.S.C. 1661(c)); grants to the Government of
American Samoa, in addition to current local revenues, for construction
and support of governmental functions; grants to the Government of the
Virgin Islands as authorized by law; grants to the Government of Guam,
as authorized by law; and grants to the Government of the Northern
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272);
and (2) $9,448,000 shall be available until September 30, 2017, for
salaries and expenses of the Office of Insular Affairs: Provided, That
all financial transactions of the territorial and local governments
herein provided for, including such transactions of all agencies or
instrumentalities established or used by such governments, may be
audited by the Government Accountability Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: Provided
further, That the funds for the program of operations and maintenance
improvement are appropriated to institutionalize routine operations and
maintenance improvement of capital infrastructure with territorial
participation and cost sharing to be determined by the Secretary based
on the grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous appropriations
Acts may be used as non-Federal matching funds for the purpose of
hazard mitigation grants provided pursuant to section 404 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $3,318,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of
Micronesia, as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds shall
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That such
loans or loan guarantees may be made without regard to the population
of the area, credit elsewhere requirements, and restrictions on the
types of eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $65,800,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$50,047,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$139,029,000, to remain available until expended, of which not to
exceed $22,120,000 from this or any other Act, may be available for
historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to
or merged with the Bureau of Indian Affairs and Bureau of Indian
Education, ``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the Office of the
Secretary, ``Departmental Operations'' account: Provided further, That
funds made available through contracts or grants obligated during
fiscal year 2016, as authorized by the Indian Self-Determination Act of
1975 (25 U.S.C. 450 et seq.), shall remain available until expended by
the contractor or grantee: Provided further, That, notwithstanding any
other provision of law, the Secretary shall not be required to provide
a quarterly statement of performance for any Indian trust account that
has not had activity for at least 15 months and has a balance of $15 or
less: Provided further, That the Secretary shall issue an annual
account statement and maintain a record of any such accounts and shall
permit the balance in each such account to be withdrawn upon the
express written request of the account holder: Provided further, That
not to exceed $50,000 is available for the Secretary to make payments
to correct administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are recovered
shall be credited to and remain available in this account for this
purpose: Provided further, That the Secretary shall not be required to
reconcile Special Deposit Accounts with a balance of less than $500
unless the Office of the Special Trustee receives proof of ownership
from a Special Deposit Accounts claimant.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation,
hazardous fuels management activities, and rural fire assistance by the
Department of the Interior, $816,745,000, to remain available until
expended, of which not to exceed $6,427,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $170,000,000 is for
hazardous fuels management activities: Provided further, That of the
funds provided $18,970,000 is for burned area rehabilitation: Provided
further, That persons hired pursuant to 43 U.S.C. 1469 may be furnished
subsistence and lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d,
sums received by a bureau or office of the Department of the Interior
for fire protection rendered pursuant to 42 U.S.C. 1856 et seq.,
protection of United States property, may be credited to the
appropriation from which funds were expended to provide that
protection, and are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for hazardous fuels
management and resilient landscapes activities, and for training and
monitoring associated with such hazardous fuels management and
resilient landscapes activities on Federal land, or on adjacent non-
Federal land for activities that benefit resources on Federal land:
Provided further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal entity may
be shared, as mutually agreed on by the affected parties: Provided
further, That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of hazardous fuels
management and resilient landscapes activities, may obtain maximum
practicable competition among: (1) local private, nonprofit, or
cooperative entities; (2) Youth Conservation Corps crews, Public Lands
Corps (Public Law 109-154), or related partnerships with State, local,
or nonprofit youth groups; (3) small or micro-businesses; or (4) other
entities that will hire or train locally a significant percentage,
defined as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this section,
the Secretary shall develop written guidance to field units to ensure
accountability and consistent application of the authorities provided
herein: Provided further, That funds appropriated under this heading
may be used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of carrying out
their responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by section
7 of such Act, in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity associated
with the lease: Provided further, That the Secretary of the Interior
and the Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate amount not
to exceed $50,000,000, between the Departments when such transfers
would facilitate and expedite wildland fire management programs and
projects: Provided further, That funds provided for wildfire
suppression shall be available for support of Federal emergency
response actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the Department
of State in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and, with the
concurrence of the Secretary of State, shall be available to support
forestry, wildland fire management, and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training,
and cooperation with United States and international organizations.
flame wildfire suppression reserve fund
(including transfer of funds)
For necessary expenses for large fire suppression operations of the
Department of the Interior and as a reserve fund for suppression and
Federal emergency response activities, $177,000,000, to remain
available until expended: Provided, That such amounts are only
available for transfer to the ``Wildland Fire Management'' account
following a declaration by the Secretary in accordance with section 502
of the FLAME Act of 2009 (43 U.S.C. 1748a).
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,010,000, to remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
Public Law 101-337 (16 U.S.C. 19jj et seq.), $7,767,000, to remain
available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, and the consolidation of facilities
and operations throughout the Department, $67,100,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for training
services provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further, That the
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program
Training Center: Provided further, That the Secretary may enter into
grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price
for the replacement aircraft.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its jurisdiction;
for emergency actions related to potential or actual earthquakes,
floods, volcanoes, storms, or other unavoidable causes; for contingency
planning subsequent to actual oil spills; for response and natural
resource damage assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential grasshopper
and Mormon cricket outbreaks on lands under the jurisdiction of the
Secretary, pursuant to the authority in section 417(b) of Public Law
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
section 410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation and
Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for wildland fire operations shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection
with their use for wildland fire operations, such reimbursement to be
credited to appropriations currently available at the time of receipt
thereof: Provided further, That for wildland fire operations, no funds
shall be made available under this authority until the Secretary
determines that funds appropriated for ``wildland fire operations'' and
``FLAME Wildfire Suppression Reserve Fund'' shall be exhausted within
30 days: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata basis,
accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section
3109 of title 5, United States Code, when authorized by the Secretary,
in total amount not to exceed $500,000; purchase and replacement of
motor vehicles, including specially equipped law enforcement vehicles;
hire, maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when authorized by
the Secretary, for library membership in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and Office of
the Special Trustee for American Indians and any unobligated balances
from prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in
Tribal Priority Allocation funds of more than 10 percent in fiscal year
2016. Under circumstances of dual enrollment, overlapping service areas
or inaccurate distribution methodologies, the 10 percent limitation
does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters, or
interests therein including the use of all or part of any pier, dock,
or landing within the State of New York and the State of New Jersey,
for the purpose of operating and maintaining facilities in the support
of transportation and accommodation of visitors to Ellis, Governors,
and Liberty Islands, and of other program and administrative
activities, by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases, subleases,
concession contracts or other agreements for the use of such facilities
on such terms and conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2016, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the
``Offshore Safety and Environmental Enforcement'' account, from the
designated operator for facilities subject to inspection under 43
U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2016 shall be:
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2016. Fees for fiscal year 2016 shall be:
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection
(b) within 60 days, with payment required within 30 days of billing.
The Secretary shall bill designated operators under subsection (c)
within 30 days of the end of the month in which the inspection
occurred, with payment required within 30 days of billing.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to implement a
reorganization of the Bureau of Ocean Energy Management, Regulation and
Enforcement, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act, the
Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities,
and may enter into multiyear contracts in accordance with the
provisions of section 3903 of title 41, United States Code (except that
the 5-year term restriction in subsection (a) shall not apply), for the
long-term care and maintenance of excess wild free roaming horses and
burros by such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years, subject
to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
exhaustion of administrative review
Sec. 111. Paragraph (1) of section 122(a) of division E of Public
Law 112-74 (125 Stat. 1013) is amended by striking ``through 2016,'' in
the first sentence and inserting ``through 2018,''.
wild lands funding prohibition
Sec. 112. None of the funds made available in this Act or any
other Act may be used to implement, administer, or enforce Secretarial
Order No. 3310 issued by the Secretary of the Interior on December 22,
2010: Provided, That nothing in this section shall restrict the
Secretary's authorities under sections 201 and 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1711 and 1712).
bureau of indian education operated schools
Sec. 113. Section 115(d) of division E of Public Law 112-74 (25
U.S.C. 2000 note) is amended by striking ``2017'' and inserting
``2027''.
volunteers in parks
Sec. 114. Section 102301(d) of title 54, United States Code, is
amended by striking ``$3,500,000'' and inserting ``$7,000,000''.
contracts and agreements with indian affairs
Sec. 115. Notwithstanding any other provision of law, during
fiscal year 2016, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
heritage areas
Sec. 116. (a) Section 157(h)(1) of title I of Public Law 106-291
(16 U.S.C. 461 note) is amended by striking ``$11,000,000'' and
inserting ``$13,000,000''.
(b) Division II of Public Law 104-333 (16 U.S.C. 461 note) is
amended--
(1) in sections 409(a), 508(a), and 812(a) by striking
``$15,000,000'' and inserting ``$17,000,000''; and
(2) in sections 208, 310, and 607 by striking ``2015'' and
inserting ``2017''.
sage-grouse
Sec. 117. None of the funds made available by this or any other
Act may be used by the Secretary of the Interior to write or issue
pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
onshore pay authority extension
Sec. 118. For fiscal year 2016, funds made available in this title
for the Bureau of Land Management and the Bureau of Indian Affairs may
be used by the Secretary of the Interior to establish higher minimum
rates of basic pay for employees of the Department of the Interior
carrying out the inspection and regulation of onshore oil and gas
operations on public lands in the Petroleum Engineer (GS-0881) and
Petroleum Engineering Technician (GS-0802) job series at grades 5
through 14 at rates no greater than 25 percent above the minimum rates
of basic pay normally scheduled, and such higher rates shall be
consistent with subsections (e) through (h) of section 5305 of title 5,
United States Code.
republic of palau
Sec. 119. (a) In General.--Subject to subsection (c), the United
States Government, through the Secretary of the Interior shall provide
to the Government of Palau for fiscal year 2016 grants in amounts equal
to the annual amounts specified in subsections (a), (c), and (d) of
section 211 of the Compact of Free Association between the Government
of the United States of America and the Government of Palau (48 U.S.C.
1931 note) (referred to in this section as the ``Compact'').
(b) Programmatic Assistance.--Subject to subsection (c), the United
States shall provide programmatic assistance to the Republic of Palau
for fiscal year 2016 in amounts equal to the amounts provided in
subsections (a) and (b)(1) of section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to the
same extent and in the same manner as the grants and assistance
were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more than
$5,000,000 from the trust fund established under section 211(f) of
the Compact, amounts to be provided under subsections (a) and (b)
shall be withheld from the Government of Palau.
wildlife restoration extension of investment of unexpended amounts
Sec. 120. Section 3(b)(2)(C) of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669b(b)(2)(C)) is amended by striking
``2016'' and inserting ``2026''.
prohibition on use of funds
Sec. 121. (a) Any proposed new use of the Arizona & California
Railroad Company's Right of Way for conveyance of water shall not
proceed unless the Secretary of the Interior certifies that the
proposed new use is within the scope of the Right of Way.
(b) No funds appropriated or otherwise made available to the
Department of the Interior may be used, in relation to any proposal to
store water underground for the purpose of export, for approval of any
right-of-way or similar authorization on the Mojave National Preserve
or lands managed by the Needles Field Office of the Bureau of Land
Management, or for carrying out any activities associated with such
right-of-way or similar approval.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $734,648,000, to remain available until September 30,
2017: Provided, That of the funds included under this heading,
$14,100,000 shall be for Research: National Priorities as specified in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Environmental Programs and Management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $9,000 for official reception and
representation expenses, $2,613,679,000, to remain available until
September 30, 2017: Provided, That of the funds included under this
heading, $12,700,000 shall be for Environmental Protection: National
Priorities as specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act): Provided further, That of the funds included under this heading,
$427,737,000 shall be for Geographic Programs specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $3,674,000, to remain available
until September 30, 2018.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2017.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $42,317,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611)
$1,088,769,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2015, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,088,769,000 as a
payment from general revenues to the Hazardous Substance Superfund for
purposes as authorized by section 517(b) of SARA: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided
further, That of the funds appropriated under this heading, $9,939,000
shall be paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2017, and $18,850,000 shall be
paid to the ``Science and Technology'' appropriation to remain
available until September 30, 2017.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by subtitle I of the Solid Waste
Disposal Act, $91,941,000, to remain available until expended, of which
$66,572,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in section 9508(c)
of the Internal Revenue Code: Provided, That the Administrator is
authorized to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to provide
financial assistance to federally recognized Indian tribes for the
development and implementation of programs to manage underground
storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,209,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,518,161,000, to remain available until expended,
of which--
(1) $1,393,887,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $863,233,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking Water
Act: Provided, That for fiscal year 2016, to the extent there are
sufficient eligible project applications and projects are
consistent with State Intended Use Plans, not less than 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants shall be
used by the State for projects to address green infrastructure,
water or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal year
2016, funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants may, at
the discretion of each State, be used for projects to address green
infrastructure, water or energy efficiency improvements, or other
environmentally innovative activities: Provided further, That
notwithstanding section 603(d)(7) of the Federal Water Pollution
Control Act, the limitation on the amounts in a State water
pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2016 and prior
years where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable by
the Administrator, accounted for separately from other assets in
the fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2016,
notwithstanding the limitation on amounts in section 518(c) of the
Federal Water Pollution Control Act, up to a total of 2 percent of
the funds appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i) of the
Safe Drinking Water Act, up to a total of 2 percent of the funds
appropriated, or $20,000,000, whichever is greater, for State
Revolving Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and section 1452(i)
of such Acts: Provided further, That for fiscal year 2016,
notwithstanding the amounts specified in section 205(c) of the
Federal Water Pollution Control Act, up to 1.5 percent of the
aggregate funds appropriated for the Clean Water State Revolving
Fund program under the Act less any sums reserved under section
518(c) of the Act, may be reserved by the Administrator for grants
made under title II of the Federal Water Pollution Control Act for
American Samoa, Guam, the Commonwealth of the Northern Marianas,
and United States Virgin Islands: Provided further, That for
fiscal year 2016, notwithstanding the limitations on amounts
specified in section 1452(j) of the Safe Drinking Water Act, up to
1.5 percent of the funds appropriated for the Drinking Water State
Revolving Fund programs under the Safe Drinking Water Act may be
reserved by the Administrator for grants made under section 1452(j)
of the Safe Drinking Water Act: Provided further, That 10 percent
of the funds made available under this title to each State for
Clean Water State Revolving Fund capitalization grants and 20
percent of the funds made available under this title to each State
for Drinking Water State Revolving Fund capitalization grants shall
be used by the State to provide additional subsidy to eligible
recipients in the form of forgiveness of principal, negative
interest loans, or grants (or any combination of these), and shall
be so used by the State only where such funds are provided as
initial financing for an eligible recipient or to buy, refinance,
or restructure the debt obligations of eligible recipients only
where such debt was incurred on or after the date of enactment of
this Act;
(2) $10,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission; Provided,
That no funds provided by this appropriations Act to address the
water, wastewater and other critical infrastructure needs of the
colonias in the United States along the United States-Mexico border
shall be made available to a county or municipal government unless
that government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new
home, business, or other structure which lacks water, wastewater,
or other necessary infrastructure;
(3) $20,000,000 shall be for grants to the State of Alaska to
address drinking water and wastewater infrastructure needs of rural
and Alaska Native Villages: Provided, That of these funds: (A) the
State of Alaska shall provide a match of 25 percent; (B) no more
than 5 percent of the funds may be used for administrative and
overhead expenses; and (C) the State of Alaska shall make awards
consistent with the Statewide priority list established in
conjunction with the Agency and the U.S. Department of Agriculture
for all water, sewer, waste disposal, and similar projects carried
out by the State of Alaska that are funded under section 221 of the
Federal Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.)
which shall allocate not less than 25 percent of the funds provided
for projects in regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), including grants, interagency agreements, and
associated program support costs: Provided, That not more than 25
percent of the amount appropriated to carry out section 104(k) of
CERCLA shall be used for site characterization, assessment, and
remediation of facilities described in section 101(39)(D)(ii)(II)
of CERCLA;
(5) $50,000,000 shall be for grants under title VII, subtitle G
of the Energy Policy Act of 2005;
(6) $20,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions of the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act);
(7) $1,060,041,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including activities
pursuant to the provisions set forth under this heading in Public
Law 104-134, and for making grants under section 103 of the Clean
Air Act for particulate matter monitoring and data collection
activities subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying out
section 128 of CERCLA; $9,646,000 shall be for Environmental
Information Exchange Network grants, including associated program
support costs; $1,498,000 shall be for grants to States under
section 2007(f)(2) of the Solid Waste Disposal Act, which shall be
in addition to funds appropriated under the heading ``Leaking
Underground Storage Tank Trust Fund Program'' to carry out the
provisions of the Solid Waste Disposal Act specified in section
9508(c) of the Internal Revenue Code other than section 9003(h) of
the Solid Waste Disposal Act; $17,848,000 of the funds available
for grants under section 106 of the Federal Water Pollution Control
Act shall be for State participation in national- and State-level
statistical surveys of water resources and enhancements to State
monitoring programs: Provided, That for the period of fiscal years
2016 through 2020, notwithstanding other applicable provisions of
law, the funds appropriated for the Indian Environmental General
Assistance Program shall be available to federally recognized
tribes for solid waste and recovered materials collection,
transportation, backhaul, and disposal services; and
(8) $21,000,000 shall be for grants to States and federally
recognized Indian tribes for implementation of environmental
programs and projects that complement existing environmental
program grants, including interagency agreements, as specified in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2016, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the Administrator in
implementing Federal environmental programs for Indian tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 112-177, the Pesticide
Registration Improvement Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2016.
The Administrator is authorized to transfer up to $300,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management'' to the head of
any Federal department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs, projects,
or activities; to enter into an interagency agreement with the head of
such Federal department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit organizations,
institutions, and individuals for planning, research, monitoring,
outreach, and implementation in furtherance of the Great Lakes
Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities provided that the cost does not exceed $150,000 per project.
For fiscal year 2016, and notwithstanding section 518(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for any
fiscal year under section 319 of the Act to make grants to federally
recognized Indian tribes pursuant to sections 319(h) and 518(e) of that
Act.
The Administrator is authorized to use the amounts appropriated
under the heading ``Environmental Programs and Management'' for fiscal
year 2016 to provide grants to implement the Southeastern New England
Watershed Restoration Program.
In addition to the amounts otherwise made available in this Act for
the Environmental Protection Agency, $27,000,000, to be available until
September 30, 2017, to be used solely to meet Federal requirements for
cybersecurity implementation, including enhancing response capabilities
and upgrading incident management tools: Provided, That such funds
shall supplement, not supplant, any other amounts made available to the
Environmental Protection Agency for such purpose: Provided further,
That solely for the purposes provided herein, such funds may be
transferred to and merged with any other appropriation in this Title.
Of the unobligated balances available for ``State and Tribal
Assistance Grants'' account, $40,000,000 are permanently rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $291,000,000, to remain available until expended:
Provided, That of the funds provided, $75,000,000 is for the forest
inventory and analysis program.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of
pests, pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $237,023,000, to remain
available until expended, as authorized by law; of which $62,347,000 is
to be derived from the Land and Water Conservation Fund.
national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization
of the National Forest System, $1,509,364,000, to remain available
until expended: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That of the funds provided, $359,805,000
shall be for forest products: Provided further, That of the funds
provided, up to $81,941,000 is for the Integrated Resource Restoration
pilot program for Region 1, Region 3 and Region 4: Provided further,
That of the funds provided for forest products, up to $65,560,000 may
be transferred to support the Integrated Resource Restoration pilot
program in the preceding proviso: Provided further, That the Secretary
of Agriculture may transfer to the Secretary of the Interior any
unobligated funds appropriated in a previous fiscal year for operation
of the Valles Caldera National Preserve.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $364,164,000, to remain available until expended, for
construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for
construction, reconstruction, decommissioning of roads that are no
longer needed, including unauthorized roads that are not part of the
transportation system, and maintenance of forest roads and trails by
the Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101
and 205: Provided, That $40,000,000 shall be designated for urgently
needed road decommissioning, road and trail repair and maintenance and
associated activities, and removal of fish passage barriers, especially
in areas where Forest Service roads may be contributing to water
quality problems in streams and water bodies which support threatened,
endangered, or sensitive species or community water sources: Provided
further, That funds becoming available in fiscal year 2016 under the
Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
General Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated:
Provided further, That of the funds provided for decommissioning of
roads, up to $14,743,000 may be transferred to the ``National Forest
System'' to support the Integrated Resource Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of chapter 2003
of title 54, United States Code, including administrative expenses, and
for acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service, $63,435,000,
to be derived from the Land and Water Conservation Fund and to remain
available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $950,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967
(16 U.S.C. 484a), to remain available until expended (16 U.S.C. 516-
617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public
Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available until expended, of which not to
exceed 6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96-487),
$2,500,000, to remain available until expended.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels management on or adjacent to such lands, emergency
rehabilitation of burned-over National Forest System lands and water,
and for State and volunteer fire assistance, $2,386,329,000, to remain
available until expended: Provided, That such funds including
unobligated balances under this heading, are available for repayment of
advances from other appropriations accounts previously transferred for
such purposes: Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services provided in
response to wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire emergencies are
fully repaid by the responsible emergency management agency: Provided
further, That, notwithstanding any other provision of law, $6,914,000
of funds appropriated under this appropriation shall be available for
the Forest Service in support of fire science research authorized by
the Joint Fire Science Program, including all Forest Service
authorities for the use of funds, such as contracts, grants, research
joint venture agreements, and cooperative agreements: Provided
further, That all authorities for the use of funds, including the use
of contracts, grants, and cooperative agreements, available to execute
the Forest and Rangeland Research appropriation, are also available in
the utilization of these funds for Fire Science Research: Provided
further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels management activities,
support to Federal emergency response, and wildfire suppression
activities of the Forest Service: Provided further, That of the funds
provided, $375,000,000 is for hazardous fuels management activities,
$19,795,000 is for research activities and to make competitive research
grants pursuant to the Forest and Rangeland Renewable Resources
Research Act, (16 U.S.C. 1641 et seq.), $78,000,000 is for State fire
assistance, and $13,000,000 is for volunteer fire assistance under
section 10 of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2106): Provided further, That amounts in this paragraph may be
transferred to the ``National Forest System'', and ``Forest and
Rangeland Research'' accounts to fund forest and rangeland research,
the Joint Fire Science Program, vegetation and watershed management,
heritage site rehabilitation, and wildlife and fish habitat management
and restoration: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-
Federal entity may be shared, as mutually agreed on by the affected
parties: Provided further, That up to $15,000,000 of the funds
provided herein may be used by the Secretary of Agriculture to enter
into procurement contracts or cooperative agreements or to issue grants
for hazardous fuels management activities and for training or
monitoring associated with such hazardous fuels management activities
on Federal land or on non-Federal land if the Secretary determines such
activities benefit resources on Federal land: Provided further, That
funds made available to implement the Community Forest Restoration Act,
Public Law 106-393, title VI, shall be available for use on non-Federal
lands in accordance with authorities made available to the Forest
Service under the ``State and Private Forestry'' appropriation:
Provided further, That the Secretary of the Interior and the Secretary
of Agriculture may authorize the transfer of funds appropriated for
wildland fire management, in an aggregate amount not to exceed
$50,000,000, between the Departments when such transfers would
facilitate and expedite wildland fire management programs and projects:
Provided further, That of the funds provided for hazardous fuels
management, not to exceed $15,000,000 may be used to make grants, using
any authorities available to the Forest Service under the ``State and
Private Forestry'' appropriation, for the purpose of creating
incentives for increased use of biomass from National Forest System
lands: Provided further, That funds designated for wildfire
suppression, including funds transferred from the ``FLAME Wildfire
Suppression Reserve Fund'', shall be assessed for cost pools on the
same basis as such assessments are calculated against other agency
programs: Provided further, That of the funds for hazardous fuels
management, up to $24,000,000 may be transferred to the ``National
Forest System'' to support the Integrated Resource Restoration pilot
program.
flame wildfire suppression reserve fund
(including transfers of funds)
For necessary expenses for large fire suppression operations of the
Department of Agriculture and as a reserve fund for suppression and
Federal emergency response activities, $823,000,000, to remain
available until expended: Provided, That such amounts are only
available for transfer to the ``Wildland Fire Management'' account
following a declaration by the Secretary in accordance with section 502
of the FLAME Act of 2009 (43 U.S.C. 1748a).
administrative provisions, forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire
of such vehicles; purchase, lease, operation, maintenance, and
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
of buildings and other public improvements (7 U.S.C. 2250); (4)
acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
428a; (5) for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
collection contracts in accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression funds
appropriated under the headings ``Wildland Fire Management'' and
``FLAME Wildfire Suppression Reserve Fund'' will be obligated within 30
days: Provided, That all funds used pursuant to this paragraph must be
replenished by a supplemental appropriation which must be requested as
promptly as possible.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with foreign
governments and institutions as well as other domestic agencies
(including the U.S. Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), U.S.
private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None of the funds made available to the Forest Service in this Act
or any other Act with respect to any fiscal year shall be subject to
transfer under the provisions of section 702(b) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107
(7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the reprogramming
procedures contained in the explanatory statement described in section
4 (in the matter preceding division A of this consolidated Act).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture
for Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center and the Department of Agriculture's
International Technology Service.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation
Corps and shall be carried out under the authority of the Public Lands
Corps Act of 1993, Public Law 103-82, as amended by Public Lands Corps
Healthy Forests Restoration Act of 2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
the funds available to the Forest Service, up to $3,000,000 may be
advanced in a lump sum to the National Forest Foundation to aid
conservation partnership projects in support of the Forest Service
mission, without regard to when the Foundation incurs expenses, for
projects on or benefitting National Forest System lands or related to
Forest Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be available
for administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds made
available by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a Federal or a non-Federal recipient for
a project at the same rate that the recipient has obtained the non-
Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump sum to aid cost-share
conservation projects, without regard to when expenses are incurred, on
or benefitting National Forest System lands or related to Forest
Service programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-recipients:
Provided further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate that
the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet
the non-Federal share requirement in section 502(c) of the Older
Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $65,000,000,
shall be assessed for the purpose of performing fire, administrative
and other facilities maintenance and decommissioning. Such assessments
shall occur using a square foot rate charged on the same basis the
agency uses to assess programs for payment of rent, utilities, and
other support services.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be
used to reimburse the Office of the General Counsel (OGC), Department
of Agriculture, for travel and related expenses incurred as a result of
OGC assistance or participation requested by the Forest Service at
meetings, training sessions, management reviews, land purchase
negotiations and similar nonlitigation-related matters. Future budget
justifications for both the Forest Service and the Department of
Agriculture should clearly display the sums previously transferred and
the requested funding transfers.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$3,566,387,000, together with payments received during the fiscal year
pursuant to 42 U.S.C. 238(b) and 238b, for services furnished by the
Indian Health Service: Provided, That funds made available to tribes
and tribal organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
shall be deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That,
$914,139,000 for Purchased/Referred Care, including $51,500,000 for the
Indian Catastrophic Health Emergency Fund, shall remain available until
expended: Provided further, That, of the funds provided, up to
$36,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That, of the funds provided,
$2,000,000 shall be used to supplement funds available for operational
costs at tribal clinics operated under an Indian Self-Determination and
Education Assistance Act compact or contract where health care is
delivered in space acquired through a full service lease, which is not
eligible for maintenance and improvement and equipment funds from the
Indian Health Service, and $2,000,000 shall be for accreditation
emergencies: Provided further, That the amounts collected by the
Federal Government as authorized by sections 104 and 108 of the Indian
Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the
preceding fiscal year for breach of contracts shall be deposited to the
Fund authorized by section 108A of the Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding section
108A(c) of the Act (25 U.S.C. 1616a-1(c)), funds shall be available to
make new awards under the loan repayment and scholarship programs under
sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided
further, That, notwithstanding any other provision of law, the amounts
made available within this account for the methamphetamine and suicide
prevention and treatment initiative, for the domestic violence
prevention initiative, to improve collections from public and private
insurance at Indian Health Service and tribally operated facilities,
and for accreditation emergencies shall be allocated at the discretion
of the Director of the Indian Health Service and shall remain available
until expended: Provided further, That funds provided in this Act may
be used for annual contracts and grants that fall within 2 fiscal
years, provided the total obligation is recorded in the year the funds
are appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the Social
Security Act, except for those related to the planning, design, or
construction of new facilities: Provided further, That funding
contained herein for scholarship programs under the Indian Health Care
Improvement Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the receiving
tribes and tribal organizations until expended: Provided further, That
the Bureau of Indian Affairs may collect from the Indian Health
Service, tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable health
information relating to disabled children as may be necessary for the
purpose of carrying out its functions under the Individuals with
Disabilities Education Act (20 U.S.C. 1400, et seq.): Provided
further, That the Indian Health Care Improvement Fund may be used, as
needed, to carry out activities typically funded under the Indian
Health Facilities account.
contract support costs
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education
Assistance Act agreements with the Indian Health Service for fiscal
year 2016, such sums as may be necessary: Provided, That amounts
obligated but not expended by a tribe or tribal organization for
contract support costs for such agreements for the current fiscal year
shall be applied to contract support costs otherwise due for such
agreements for subsequent fiscal years: Provided further, That,
notwithstanding any other provision of law, no amounts made available
under this heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment
of health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the
Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
Act, and the Indian Health Care Improvement Act, and for expenses
necessary to carry out such Acts and titles II and III of the Public
Health Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $523,232,000, to
remain available until expended: Provided, That, notwithstanding any
other provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided further,
That none of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded with
grants by the housing programs of the United States Department of
Housing and Urban Development: Provided further, That not to exceed
$2,700,000 from this account and the ``Indian Health Services'' account
may be used by the Indian Health Service to obtain ambulances for the
Indian Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health Service and
the General Services Administration: Provided further, That not to
exceed $500,000 may be placed in a Demolition Fund, to remain available
until expended, and be used by the Indian Health Service for the
demolition of Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; uniforms or allowances therefor as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings that relate to the functions or activities of the Indian
Health Service: Provided, That in accordance with the provisions of
the Indian Health Care Improvement Act, non-Indian patients may be
extended health care at all tribally administered or Indian Health
Service facilities, subject to charges, and the proceeds along with
funds recovered under the Federal Medical Care Recovery Act (42 U.S.C.
2651-2653) shall be credited to the account of the facility providing
the service and shall be available without fiscal year limitation:
Provided further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban Development
to the Indian Health Service shall be administered under Public Law 86-
121, the Indian Sanitation Facilities Act and Public Law 93-638:
Provided further, That funds appropriated to the Indian Health Service
in this Act, except those used for administrative and program direction
purposes, shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That none of the
funds made available to the Indian Health Service in this Act shall be
used for any assessments or charges by the Department of Health and
Human Services unless identified in the budget justification and
provided in this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided further,
That notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through a
contract, grant, or agreement authorized by title I or title V of the
Indian Self-Determination and Education Assistance Act of 1975 (25
U.S.C. 450), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under title V of
such Act and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
none of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has submitted
a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided further, That with
respect to functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a reimbursable basis,
including payments in advance with subsequent adjustment, and the
reimbursements received therefrom, along with the funds received from
those entities pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain available
until expended: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health Service
will contain total costs, including direct, administrative, and
overhead associated with the provision of goods, services, or technical
assistance: Provided further, That the appropriation structure for the
Indian Health Service may not be altered without advance notification
to the House and Senate Committees on Appropriations: Provided
further, That the Indian Health Service shall develop a strategic plan
for the Urban Indian Health program in consultation with urban Indians
and the National Academy of Public Administration, and shall publish
such plan not later than one year after the date of enactment of this
Act.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
Superfund Amendments and Reauthorization Act of 1986, $77,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $74,691,000, of which up to
$1,000 per eligible employee of the Agency for Toxic Substances and
Disease Registry shall remain available until expended for Individual
Learning Accounts: Provided, That notwithstanding any other provision
of law, in lieu of performing a health assessment under section
104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other
appropriate health studies, evaluations, or activities, including,
without limitation, biomedical testing, clinical evaluations, medical
monitoring, and referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or health study,
evaluation, or activity, the Administrator of ATSDR shall not be bound
by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further,
That none of the funds appropriated under this heading shall be
available for ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2016, and
existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $3,000,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates
for individuals not to exceed the per diem equivalent to the maximum
rate payable for senior level positions under 5 U.S.C. 5376,
$11,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $15,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible
individuals and groups including evictees from District 6, Hopi-
partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to 25 U.S.C. 640d-10:
Provided further, That $200,000 shall be transferred to the Office of
Inspector General of the Department of the Interior, to remain
available until expended, for audits and investigations of the Office
of Navajo and Hopi Indian Relocation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498 (20 U.S.C. 56 part A), $11,619,000, to remain available until
September 30, 2017.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $696,045,000, to remain available until September 30, 2017,
except as otherwise provided herein; of which not to exceed $48,233,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American History and
Culture, and the repatriation of skeletal remains program shall remain
available until expended; and including such funds as may be necessary
to support American overseas research centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of August
22, 1949 (63 Stat. 623), and for construction, including necessary
personnel, $144,198,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by 5 U.S.C.
3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services
for protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches, and
grounds; and purchase of services for restoration and repair of works
of art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates or
prices and under such terms and conditions as the Gallery may deem
proper, $124,988,000, to remain available until September 30, 2017, of
which not to exceed $3,578,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease
agreements of no more than 10 years, with no extensions or renewals
beyond the 10 years, that address space needs created by the ongoing
renovations in the Master Facilities Plan, as authorized, $22,564,000,
to remain available until expended: Provided, That contracts awarded
for environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be
negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $21,660,000.
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $14,740,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
passenger vehicles and services as authorized by 5 U.S.C. 3109,
$10,500,000, to remain available until September 30, 2017.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $147,949,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals
pursuant to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available until
expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $147,942,000 to remain available
until expended, of which $137,042,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $10,900,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $8,500,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses: Provided further, That the Chairperson of
the National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not exceed
5 percent of the sums appropriated for grantmaking purposes per year:
Provided further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority from the
National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $2,653,000: Provided, That the
Commission is authorized to charge fees to cover the full costs of its
publications, and such fees shall be credited to this account as an
offsetting collection, to remain available until expended without
further appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design of the
Nation's Capital or the history and activities of the Commission of
Fine Arts, for the purpose of artistic display, study or education.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20
U.S.C. 956a), $2,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,080,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,348,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with
hosting international visitors engaged in the planning and physical
development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $54,000,000, of which
$1,215,000 shall remain available until September 30, 2018, for the
Museum's equipment replacement program; and of which $2,500,000 for the
Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $1,000,000, to remain
available until expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or
opposition to any legislative proposal on which Congressional action is
not complete other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and
subactivities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the Secretary of
the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September 30,
1994; and (2) all requirements established under sections 2325 and 2326
of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C.
35, 36, and 37) for placer claims, and section 2337 of the Revised
Statutes (30 U.S.C. 42) for mill site claims, as the case may be, were
fully complied with by the applicant by that date.
(c) Report.--On September 30, 2017, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Natural Resources of the House and the Committee on
Energy and Natural Resources of the Senate a report on actions taken by
the Department under the plan submitted pursuant to section 314(c) of
the Department of the Interior and Related Agencies Appropriations Act,
1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Director
of the Bureau of Land Management to conduct a mineral examination of
the mining claims or mill sites contained in a patent application as
set forth in subsection (b). The Bureau of Land Management shall have
the sole responsibility to choose and pay the third-party contractor in
accordance with the standard procedures employed by the Bureau of Land
Management in the retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113-235)
shall continue in effect in fiscal year 2016.
contract support costs, fiscal year 2016 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2016 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2016
with the Bureau of Indian Affairs or the Indian Health Service:
Provided, That such amounts provided by this Act are not available for
payment of claims for contract support costs for prior years, or for
repayments of payments for settlements or judgments awarding contract
support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be considered to
be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A))
solely because more than 15 years have passed without revision of the
plan for a unit of the National Forest System. Nothing in this section
exempts the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or
any other law: Provided, That if the Secretary is not acting
expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential proclamation
establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be advertised
if the indicated rate is deficit (defined as the value of the timber is
not sufficient to cover all logging and stumpage costs and provide a
normal profit and risk allowance under the Forest Service's appraisal
process) when appraised using a residual value appraisal. The western
red cedar timber from those sales which is surplus to the needs of the
domestic processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing domestic
prices. All additional western red cedar volume not sold to Alaska or
contiguous 48 United States domestic processors may be exported to
foreign markets at the election of the timber sale holder. All Alaska
yellow cedar may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
or
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638, 25
U.S.C. 450 et seq.) or by any other Federal laws that specifically
authorize a contract within an Indian tribe as defined in section
4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment of
this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an individual
if such grant is awarded to such individual for a literature
fellowship, National Heritage Fellowship, or American Jazz Masters
Fellowship.
(2) The Chairperson shall establish procedures to ensure that
no funding provided through a grant, except a grant made to a State
or local arts agency, or regional group, may be used to make a
grant to any other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in this
subsection shall prohibit payments made in exchange for goods and
services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the Humanities
Act of 1965 from funds appropriated under this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority is given
to providing services or awarding financial assistance for projects,
productions, workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population of
individuals, including urban minorities, who have historically been
outside the purview of arts and humanities programs due to factors
such as a high incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of national
impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent,
in the aggregate, of such funds to any single State, excluding
grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually and
by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 415. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health Service
shall provide the Committees on Appropriations of the House of
Representatives and Senate quarterly reports on the status of balances
of appropriations including all uncommitted, committed, and unobligated
funds in each program and activity.
report on use of climate change funds
Sec. 416. Not later than 120 days after the date on which the
President's fiscal year 2017 budget request is submitted to the
Congress, the President shall submit a comprehensive report to the
Committees on Appropriations of the House of Representatives and the
Senate describing in detail all Federal agency funding, domestic and
international, for climate change programs, projects, and activities in
fiscal years 2015 and 2016, including an accounting of funding by
agency with each agency identifying climate change programs, projects,
and activities and associated costs by line item as presented in the
President's Budget Appendix, and including citations and linkages where
practicable to each strategic plan that is driving funding within each
climate change program, project, and activity listed in the report.
prohibition on use of funds
Sec. 417. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of
permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for
carbon dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 418. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
modification of authorities
Sec. 419. (a) Section 8162(m)(3) of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) is
amended by striking ``September 30, 2015'' and inserting ``September
30, 2016''.
(b) For fiscal year 2016, the authority provided by the provisos
under the heading ``Dwight D. Eisenhower Memorial Commission--Capital
Construction'' in division E of Public Law 112-74 shall not be in
effect.
funding prohibition
Sec. 420. None of the funds made available by this or any other
Act may be used to regulate the lead content of ammunition, ammunition
components, or fishing tackle under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.) or any other law.
contracting authorities
Sec. 421. Section 412 of Division E of Public Law 112-74 is
amended by striking ``fiscal year 2015,'' and inserting ``fiscal year
2017,''.
chesapeake bay initiative
Sec. 422. Section 502(c) of the Chesapeake Bay Initiative Act of
1998 (Public Law 105-312; 16 U.S.C. 461 note) is amended by striking
``2015'' and inserting ``2017''.
extension of grazing permits
Sec. 423. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the
Forest Service on any lands not subject to administration under section
402 of the Federal Lands Policy and Management Act (43 U.S.C. 1752),
shall remain in effect for fiscal year 2016.
use of american iron and steel
Sec. 424. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products means the
following products made primarily of iron or steel: lined or unlined
pipes and fittings, manhole covers and other municipal castings,
hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction
materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection Agency (in
this section referred to as the ``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality; or
(3) inclusion of iron and steel products produced in the United
States will increase the cost of the overall project by more than
25 percent.
(c) If the Administrator receives a request for a waiver under this
section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. The Administrator shall make the request
and accompanying information available by electronic means, including
on the official public Internet Web site of the Environmental
Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this
section.
notification requirements
Sec. 425. (a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Affected state.--The term ``affected State'' means any of
the Great Lakes States (as defined in section 118(a)(3) of the
Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3))).
(3) Discharge.--The term ``discharge'' means a discharge as
defined in section 502 of the Federal Water Pollution Control Act
(33 U.S.C. 1362).
(4) Great lakes.--The term ``Great Lakes'' means any of the
waters as defined in section 118(a)(3) of the Federal Water
Pollution Control Act (33 U.S.C. 1268(a)(3)).
(5) Treatment works.--The term ``treatment works'' has the
meaning given the term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
(b) Requirements.--
(1) In general.--The Administrator shall work with affected
States having publicly owned treatment works that discharge to the
Great Lakes to create public notice requirements for a combined
sewer overflow discharge to the Great Lakes.
(2) Notice requirements.--The notice requirements referred to
in paragraph (1) shall provide for--
(i) the method of the notice;
(ii) the contents of the notice, in accordance with
paragraph (3); and
(iii) requirements for public availability of the notice.
(3) Minimum requirements.--
(A) In general.--The contents of the notice under paragraph
(1) shall include--
(i) the dates and times of the applicable discharge;
(ii) the volume of the discharge; and
(iii) a description of any public access areas impacted
by the discharge.
(B) Consistency.--The minimum requirements under this
paragraph shall be consistent for all affected States.
(4) Additional requirements.--The Administrator shall work with
the affected States to include--
(A) follow-up notice requirements that provide a
description of--
(i) each applicable discharge;
(ii) the cause of the discharge; and
(iii) plans to prevent a reoccurrence of a combined
sewer overflow discharge to the Great Lakes consistent with
section 402 of the Federal Water Pollution Control Act (33
U.S.C. 1342) or an administrative order or consent decree
under such Act; and
(B) annual publication requirements that list each
treatment works from which the Administrator or the affected
State receive a follow-up notice.
(5) Timing.--
(A) The notice and publication requirements described in
this subsection shall be implemented by not later than 2 years
after the date of enactment of this Act.
(B) The Administrator of the EPA may extend the
implementation deadline for individual communities if the
Administrator determines the community needs additional time to
comply in order to avoid undue economic hardship.
(6) State action.--Nothing in this subsection prohibits an
affected State from establishing a State notice requirement in the
event of a discharge that is more stringent than the requirements
described in this subsection.
great lakes restoration initiative
Sec. 426. Section 118(c) of the Federal Water Pollution Control
Act (33 U.S.C. 1268(c)) is amended by striking paragraph (7) and
inserting the following:
``(7) Great lakes restoration initiative.--
``(A) Establishment.--There is established in the Agency a
Great Lakes Restoration Initiative (referred to in this
paragraph as the `Initiative') to carry out programs and
projects for Great Lakes protection and restoration.
``(B) Focus areas.--The Initiative shall prioritize
programs and projects carried out in coordination with non-
Federal partners and programs and projects that address
priority areas each fiscal year, including--
``(i) the remediation of toxic substances and areas of
concern;
``(ii) the prevention and control of invasive species
and the impacts of invasive species;
``(iii) the protection and restoration of nearshore
health and the prevention and mitigation of nonpoint source
pollution;
``(iv) habitat and wildlife protection and restoration,
including wetlands restoration and preservation; and
``(v) accountability, monitoring, evaluation,
communication, and partnership activities.
``(C) Projects.--Under the Initiative, the Agency shall
collaborate with Federal partners, including the Great Lakes
Interagency Task Force, to select the best combination of
programs and projects for Great Lakes protection and
restoration using appropriate principles and criteria,
including whether a program or project provides--
``(i) the ability to achieve strategic and measurable
environmental outcomes that implement the Great Lakes
Action Plan and the Great Lakes Water Quality Agreement;
``(ii) the feasibility of--
``(I) prompt implementation;
``(II) timely achievement of results; and
``(III) resource leveraging; and
``(iii) the opportunity to improve interagency and
inter-organizational coordination and collaboration to
reduce duplication and streamline efforts.
``(D) Implementation of projects.--
``(i) In general.--Subject to subparagraph (G)(ii),
funds made available to carry out the Initiative shall be
used to strategically implement--
``(I) Federal projects; and
``(II) projects carried out in coordination with
States, Indian tribes, municipalities, institutions of
higher education, and other organizations.
``(ii) Transfer of funds.--With amounts made available
for the Initiative each fiscal year, the Administrator
may--
``(I) transfer not more than the total amount
appropriated under subparagraph (G)(i) for the fiscal
year to the head of any Federal department or agency,
with the concurrence of the department or agency head,
to carry out activities to support the Initiative and
the Great Lakes Water Quality Agreement; and
``(II) enter into an interagency agreement with the
head of any Federal department or agency to carry out
activities described in subclause (I).
``(E) Scope.--
``(i) In general.--Projects shall be carried out under
the Initiative on multiple levels, including--
``(I) Great Lakes-wide; and
``(II) Great Lakes basin-wide.
``(ii) Limitation.--No funds made available to carry
out the Initiative may be used for any water infrastructure
activity (other than a green infrastructure project that
improves habitat and other ecosystem functions in the Great
Lakes) for which amounts are made available from--
``(I) a State water pollution control revolving
fund established under title VI; or
``(II) a State drinking water revolving loan fund
established under section 1452 of the Safe Drinking
Water Act (42 U.S.C. 300j-12).
``(F) Activities by other federal agencies.--Each relevant
Federal department or agency shall, to the maximum extent
practicable--
``(i) maintain the base level of funding for the Great
Lakes activities of that department or agency without
regard to funding under the Initiative; and
``(ii) identify new activities and projects to support
the environmental goals of the Initiative.
``(G) Funding.--There are authorized to be appropriated to
carry out this paragraph for fiscal year 2016, $300,000,000.''.
john f. kennedy center reauthorization
Sec. 427. Section 13 of the John F. Kennedy Center Act (20 U.S.C.
76r) is amended by striking subsections (a) and (b) and inserting the
following:
``(a) Maintenance, Repair, and Security.--There is authorized to be
appropriated to the Board to carry out section 4(a)(1)(H), $22,000,000
for fiscal year 2016.
``(b) Capital Projects.--There is authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1),
$15,000,000 for fiscal year 2016.''.
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2016''.
DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA''), the Second Chance Act of
2007, the National Apprenticeship Act, and the Women in Apprenticeship
and Nontraditional Occupations Act of 1992 (``WANTO Act''),
$3,335,425,000, plus reimbursements, shall be available. Of the amounts
provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment and
training activities, $2,709,832,000 as follows:
(A) $815,556,000 for adult employment and training
activities, of which $103,556,000 shall be available for the
period July 1, 2016 through June 30, 2017, and of which
$712,000,000 shall be available for the period October 1, 2016
through June 30, 2017;
(B) $873,416,000 for youth activities, which shall be
available for the period April 1, 2016 through June 30, 2017;
and
(C) $1,020,860,000 for dislocated worker employment and
training activities, of which $160,860,000 shall be available
for the period July 1, 2016 through June 30, 2017, and of which
$860,000,000 shall be available for the period October 1, 2016
through June 30, 2017:
Provided, That pursuant to section 128(a)(1) of the WIOA, the
amount available to the Governor for statewide workforce investment
activities shall not exceed 15 percent of the amount allotted to
the State from each of the appropriations under the preceding
subparagraphs: Provided further, That the funds available for
allotment to outlying areas to carry out subtitle B of title I of
the WIOA shall not be subject to the requirements of section
127(b)(1)(B)(ii) of such Act; and
(2) for national programs, $625,593,000 as follows:
(A) $220,859,000 for the dislocated workers assistance
national reserve, of which $20,859,000 shall be available for
the period July 1, 2016 through September 30, 2017, and of
which $200,000,000 shall be available for the period October 1,
2016 through September 30, 2017: Provided, That funds provided
to carry out section 132(a)(2)(A) of the WIOA may be used to
provide assistance to a State for statewide or local use in
order to address cases where there have been worker
dislocations across multiple sectors or across multiple local
areas and such workers remain dislocated; coordinate the State
workforce development plan with emerging economic development
needs; and train such eligible dislocated workers: Provided
further, That funds provided to carry out sections 168(b) and
169(c) of the WIOA may be used for technical assistance and
demonstration projects, respectively, that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That notwithstanding section 168(b) of the
WIOA, of the funds provided under this subparagraph, the
Secretary of Labor (referred to in this title as ``Secretary'')
may reserve not more than 10 percent of such funds to provide
technical assistance and carry out additional activities
related to the transition to the WIOA: Provided further, That,
of the funds provided under this subparagraph, $19,000,000
shall be made available for applications submitted in
accordance with section 170 of the WIOA for training and
employment assistance for workers dislocated from coal mines
and coal-fired power plants;
(B) $50,000,000 for Native American programs under section
166 of the WIOA, which shall be available for the period July
1, 2016 through June 30, 2017;
(C) $81,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $75,885,000
for formula grants (of which not less than 70 percent shall be
for employment and training services), $5,517,000 for migrant
and seasonal housing (of which not less than 70 percent shall
be for permanent housing), and $494,000 for other discretionary
purposes, which shall be available for the period July 1, 2016
through June 30, 2017: Provided, That notwithstanding any
other provision of law or related regulation, the Department of
Labor shall take no action limiting the number or proportion of
eligible participants receiving related assistance services or
discouraging grantees from providing such services;
(D) $994,000 for carrying out the WANTO Act, which shall be
available for the period July 1, 2016 through June 30, 2017;
(E) $84,534,000 for YouthBuild activities as described in
section 171 of the WIOA, which shall be available for the
period April 1, 2016 through June 30, 2017;
(F) $3,232,000 for technical assistance activities under
section 168 of the WIOA, which shall be available for the
period July 1, 2016 through June 30, 2017;
(G) $88,078,000 for ex-offender activities, under the
authority of section 169 of the WIOA and section 212 of the
Second Chance Act of 2007, which shall be available for the
period April 1, 2016 through June 30, 2017: Provided, That of
this amount, $20,000,000 shall be for competitive grants to
national and regional intermediaries for activities that
prepare young ex-offenders and school dropouts for employment,
with a priority for projects serving high-crime, high-poverty
areas;
(H) $6,000,000 for the Workforce Data Quality Initiative,
under the authority of section 169 of the WIOA, which shall be
available for the period July 1, 2016 through June 30, 2017;
and
(I) $90,000,000 to expand opportunities relating to
apprenticeship programs registered under the National
Apprenticeship Act, to be available to the Secretary to carry
out activities through grants, cooperative agreements,
contracts and other arrangements, with States and other
appropriate entities, which shall be available for the period
April 1, 2016 through June 30, 2017.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIOA, $1,689,155,000, plus reimbursements,
as follows:
(1) $1,581,825,000 for Job Corps Operations, which shall be
available for the period July 1, 2016 through June 30, 2017;
(2) $75,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for the
period July 1, 2016 through June 30, 2019, and which may include
the acquisition, maintenance, and repair of major items of
equipment: Provided, That the Secretary may transfer up to 15
percent of such funds to meet the operational needs of such centers
or to achieve administrative efficiencies: Provided further, That
any funds transferred pursuant to the preceding proviso shall not
be available for obligation after June 30, 2017: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2015
through September 30, 2016:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $434,371,000, which shall be available for
the period July 1, 2016 through June 30, 2017, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2016 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011 and section 405(a) of the Trade Preferences Extension Act
of 2015, $861,000,000 together with such amounts as may be necessary to
be charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2016: Provided, That notwithstanding
section 502 of this division, any part of the appropriation provided
under this heading may remain available for obligation beyond the
current fiscal year pursuant to the authorities of section 245(c) of
the Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $89,066,000, together with
not to exceed $3,480,812,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,725,550,000 from the Trust Fund is for grants to States
for the administration of State unemployment insurance laws as
authorized under title III of the Social Security Act (including
not less than $95,000,000 to conduct in-person reemployment and
eligibility assessments and unemployment insurance improper payment
reviews, and to provide reemployment services and referrals to
training as appropriate, for claimants of unemployment insurance
for ex-service members under 5 U.S.C. 8521 et. seq. and for the
claimants of regular unemployment compensation who are profiled as
most likely to exhaust their benefits in each State, and $3,000,000
for continued support of the Unemployment Insurance Integrity
Center of Excellence), the administration of unemployment insurance
for Federal employees and for ex-service members as authorized
under 5 U.S.C. 8501-8523, and the administration of trade
readjustment allowances, reemployment trade adjustment assistance,
and alternative trade adjustment assistance under the Trade Act of
1974 and under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011 and section 405(a) of the Trade Preferences
Extension Act of 2015, and shall be available for obligation by the
States through December 31, 2016, except that funds used for
automation acquisitions shall be available for Federal obligation
through December 31, 2016, and for State obligation through
September 30, 2018, or, if the automation acquisition is being
carried out through consortia of States, for State obligation
through September 30, 2021, and for expenditure through September
30, 2022, and funds for competitive grants awarded to States for
improved operations and to conduct in-person assessments and
reviews and provide reemployment services and referrals shall be
available for Federal obligation through December 31, 2016, and for
obligation by the States through September 30, 2018, and funds for
the Unemployment Insurance Integrity Center of Excellence shall be
available for obligation by the State through September 30, 2017,
and funds used for unemployment insurance workloads experienced by
the States through September 30, 2016 shall be available for
Federal obligation through December 31, 2016;
(2) $14,547,000 from the Trust Fund is for national activities
necessary to support the administration of the Federal-State
unemployment insurance system;
(3) $658,587,000 from the Trust Fund, together with $21,413,000
from the General Fund of the Treasury, is for grants to States in
accordance with section 6 of the Wagner-Peyser Act, and shall be
available for Federal obligation for the period July 1, 2016
through June 30, 2017;
(4) $19,818,000 from the Trust Fund is for national activities
of the Employment Service, including administration of the work
opportunity tax credit under section 51 of the Internal Revenue
Code of 1986, and the provision of technical assistance and staff
training under the Wagner-Peyser Act;
(5) $62,310,000 from the Trust Fund is for the administration
of foreign labor certifications and related activities under the
Immigration and Nationality Act and related laws, of which
$48,028,000 shall be available for the Federal administration of
such activities, and $14,282,000 shall be available for grants to
States for the administration of such activities; and
(6) $67,653,000 from the General Fund is to provide workforce
information, national electronic tools, and one-stop system
building under the Wagner-Peyser Act and shall be available for
Federal obligation for the period July 1, 2016 through June 30,
2017:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2016 is projected by the
Department of Labor to exceed 2,680,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to make
payments on behalf of States to the entity operating the State
Information Data Exchange System: Provided further, That funds
appropriated in this Act which are used to establish a national one-
stop career center system, or which are used to support the national
activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts,
grants, or agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States under such
grants, subject to the conditions applicable to the grants: Provided
further, That funds appropriated under this Act for activities
authorized under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated Unemployment
Insurance and Employment Service automation efforts, notwithstanding
cost allocation principles prescribed under the Office of Management
and Budget Circular A-87: Provided further, That the Secretary, at the
request of a State participating in a consortium with other States, may
reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium in order
to carry out activities that benefit the administration of the
unemployment compensation law of the State making the request:
Provided further, That the Secretary may collect fees for the costs
associated with additional data collection, analyses, and reporting
services relating to the National Agricultural Workers Survey requested
by State and local governments, public and private institutions of
higher education, and nonprofit organizations and may utilize such
sums, in accordance with the provisions of 29 U.S.C. 9a, for the
National Agricultural Workers Survey infrastructure, methodology, and
data to meet the information collection and reporting needs of such
entities, which shall be credited to this appropriation and shall
remain available until September 30, 2017, for such purposes.
In addition, $20,000,000 from the Employment Security
Administration Account of the Unemployment Trust Fund shall be
available for in-person reemployment and eligibility assessments and
unemployment insurance improper payment reviews and to provide
reemployment services and referrals to training as appropriate, which
shall be available for Federal obligations through December 31, 2016,
and for State obligation through September 30, 2018.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security
Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and
to the ``Federal Unemployment Benefits and Allowances'' account, such
sums as may be necessary, which shall be available for obligation
through September 30, 2017.
program administration
For expenses of administering employment and training programs,
$104,577,000, together with not to exceed $49,982,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2016, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2016 shall be
available for obligations for administrative expenses in excess of
$431,799,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2016, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2017, for
obligation for administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations in excess
of the amounts provided in this paragraph may be incurred for
unforeseen and extraordinary pretermination expenses or extraordinary
multiemployer program related expenses after approval by the Office of
Management and Budget and notification of the Committees on
Appropriations of the House of Representatives and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $227,500,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $40,593,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,476,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $113,324,000, together with $2,177,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; section 5(f) of the War Claims Act
(50 U.S.C. App. 2004); obligations incurred under the War Hazards
Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the
additional compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $210,000,000, together
with such amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other benefits
for any period subsequent to August 15 of the current year, for deposit
into and to assume the attributes of the Employees' Compensation Fund
established under 5 U.S.C. 8147(a): Provided, That amounts
appropriated may be used under 5 U.S.C. 8104 by the Secretary to
reimburse an employer, who is not the employer at the time of injury,
for portions of the salary of a re-employed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated on
September 30, 2015, shall remain available until expended for the
payment of compensation, benefits, and expenses: Provided further,
That in addition there shall be transferred to this appropriation from
the Postal Service and from any other corporation or instrumentality
required under 5 U.S.C. 8147(c) to pay an amount for its fair share of
the cost of administration, such sums as the Secretary determines to be
the cost of administration for employees of such fair share entities
through September 30, 2016: Provided further, That of those funds
transferred to this account from the fair share entities to pay the
cost of administration of the Federal Employees' Compensation Act,
$62,170,000 shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$21,140,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical review,
$16,668,000;
(4) For program integrity, $1,394,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $69,302,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2017, $19,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $58,552,000, to remain
available until expended: Provided, That the Secretary may require
that any person filing a claim for benefits under the Act provide as
part of such claim such identifying information (including Social
Security account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust
Fund (the ``Fund''), to remain available until expended, for payment of
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2016 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $35,244,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$30,279,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $327,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $552,787,000, including not to exceed $100,850,000
which shall be the maximum amount available for grants to States under
section 23(g) of the Occupational Safety and Health Act (the ``Act''),
which grants shall be no less than 50 percent of the costs of State
occupational safety and health programs required to be incurred under
plans approved by the Secretary under section 18 of the Act; and, in
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year of
training institute course tuition and fees, otherwise authorized by law
to be collected, and may utilize such sums for occupational safety and
health training and education: Provided, That notwithstanding 31
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
September 30, 2016, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Act which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Act with respect to
any employer of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'') occupational
injury and illness rate, at the most precise industrial classification
code for which such data are published, less than the national average
rate as such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to an
employee complaint, to issue a citation for violations found during
such inspection, and to assess a penalty for violations which are
not corrected within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to a
report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $10,537,000 shall be available for Susan Harwood training
grants.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $375,887,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$8,441,000 for State assistance grants: Provided, That notwithstanding
31 U.S.C. 3302, not to exceed $750,000 may be collected by the National
Mine Health and Safety Academy for room, board, tuition, and the sale
of training materials, otherwise authorized by law to be collected, to
be available for mine safety and health education and training
activities: Provided further, That notwithstanding 31 U.S.C. 3302, the
Mine Safety and Health Administration is authorized to collect and
retain up to $2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities: Provided further, That
the Secretary is authorized to accept lands, buildings, equipment, and
other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or
private: Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety education and
training in the mining community through cooperative programs with
States, industry, and safety associations: Provided further, That the
Secretary is authorized to recognize the Joseph A. Holmes Safety
Association as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and Health
Administration officials as officers in local chapters or in the
national organization: Provided further, That any funds available to
the Department of Labor may be used, with the approval of the
Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $544,000,000,
together with not to exceed $65,000,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $38,203,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $334,065,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$59,825,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2016: Provided further,
That funds available to the Bureau of International Labor Affairs may
be used to administer or operate international labor activities,
bilateral and multilateral technical assistance, and microfinance
programs, by or through contracts, grants, subgrants and other
arrangements: Provided further, That not more than $53,825,000 shall
be for programs to combat exploitative child labor internationally and
not less than $6,000,000 shall be used to implement model programs that
address worker rights issues through technical assistance in countries
with which the United States has free trade agreements or trade
preference programs: Provided further, That $8,040,000 shall be used
for program evaluation and shall be available for obligation through
September 30, 2017: Provided further, That funds available for program
evaluation may be used to administer grants for the purpose of
evaluation: Provided further, That grants made for the purpose of
evaluation shall be awarded through fair and open competition:
Provided further, That funds available for program evaluation may be
transferred to any other appropriate account in the Department for such
purpose: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least 15
days in advance of any transfer: Provided further, That the funds
available to the Women's Bureau may be used for grants to serve and
promote the interests of women in the workforce.
veterans employment and training
Not to exceed $233,001,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which:
(1) $175,000,000 is for Jobs for Veterans State grants under 38
U.S.C. 4102A(b)(5) to support disabled veterans' outreach program
specialists under section 4103A of such title and local veterans'
employment representatives under section 4104(b) of such title, and
for the expenses described in section 4102A(b)(5)(C), which shall
be available for obligation by the States through December 31,
2016, and not to exceed 3 percent for the necessary Federal
expenditures for data systems and contract support to allow for the
tracking of participant and performance information: Provided,
That, in addition, such funds may be used to support such
specialists and representatives in the provision of services to
transitioning members of the Armed Forces who have participated in
the Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who are
wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or injured
members;
(2) $14,100,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $40,487,000 is for Federal administration of chapters 41,
42, and 43 of title 38, United States Code; and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $38,109,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2016, to
provide services under such section: Provided further, That services
provided under section 2023 may include, in addition to services to the
individuals described in subsection (e) of such section, services to
veterans recently released from incarceration who are at risk of
homelessness.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $29,778,000.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$80,640,000, together with not to exceed $5,660,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall not be used
to create any new program or to fund any project or activity for which
no funds are provided in this Act: Provided further, That the
Committees on Appropriations of the House of Representatives and the
Senate are notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none of the
funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of
the funds made available to the Department of Labor for grants under
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose
other than competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school within a
local educational agency in the occupations and industries for which
employers are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training: Provided, That up to
$13,000,000 of such funds shall be available for obligation through
September 30, 2017 to process permanent foreign labor certifications
under section 212(a)(5)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(5)(A)): Provided further, That the funding limitation
under this section shall not apply to funding provided pursuant to
solicitations for grant applications issued before January 15, 2014.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.
(transfer of funds)
Sec. 106. Notwithstanding section 102, the Secretary may transfer
funds made available to the Employment and Training Administration by
this Act, either directly or through a set-aside, for technical
assistance services to grantees to ``Program Administration'' when it
is determined that those services will be more efficiently performed by
Federal employees: Provided, That this section shall not apply to
section 171 of the WIOA.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2017: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment
for Older Americans'', ``State Unemployment Insurance and Employment
Service Operations'', ``Employee Benefits Security Administration'',
``Office of Workers' Compensation Programs'', ``Wage and Hour
Division'', ``Office of Federal Contract Compliance Programs'',
``Office of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made available to
the ``Bureau of International Labor Affairs'' and ``Women's Bureau''
within the ``Departmental Management, Salaries and Expenses'' account,
and ``Veterans Employment and Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) shall be applied as if the following text is part of such
section:
``(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee--
``(A) employed to adjust or evaluate claims resulting from or
relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies or
contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is greater,
for the number of weeks such employee is engaged in any of the
activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from or
relating to a disaster, witnesses, or physicians;
``(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
``(iii) evaluating and making recommendations regarding
coverage or compensability of claims or determining liability
or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal agency
or department;
``(B) the term `employee employed to adjust or evaluate claims
resulting from or relating to such major disaster' means an
individual who timely secured or secures a license required by
applicable law to engage in and perform the activities described in
clauses (i) through (v) of paragraph (1)(C) relating to a major
disaster, and is employed by an employer that maintains worker
compensation insurance coverage or protection for its employees, if
required by applicable law, and withholds applicable Federal,
State, and local income and payroll taxes from the wages, salaries
and any benefits of such employees; and
``(C) the term `affiliate' means a company that, by reason of
ownership or control of 25 percent or more of the outstanding
shares of any class of voting securities of one or more companies,
directly or indirectly, controls, is controlled by, or is under
common control with, another company.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 109. Notwithstanding any other provision of law, beginning
October 1, 2015, the Secretary of Labor, in consultation with the
Secretary of Agriculture may select an entity to operate a Civilian
Conservation Center on a competitive basis in accordance with section
147 of the WIOA, if the Secretary of Labor determines such Center has
had consistently low performance under the performance accountability
system in effect for the Job Corps program prior to July 1, 2016, or
with respect to expected levels of performance established under
section 159(c) of such Act beginning July 1, 2016.
Sec. 110. None of the funds made available by this Act may be used
to implement, administer, or enforce the Establishing a Minimum Wage
for Contractors regulation published by the Department of Labor in the
Federal Register on October 7, 2014 (79 Fed. Reg. 60634 et seq.), with
respect to Federal contracts, permits, or other contract-like
instruments entered into with the Federal Government in connection with
Federal property or lands, specifically related to offering seasonal
recreational services or seasonal recreation equipment rental for the
general public: Provided, That this section shall not apply to lodging
and food services associated with seasonal recreation services.
Sec. 111. (a) Flexibility With Respect to the Crossing of H-2B
Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition for H-
2B nonimmigrants filed by an employer in the seafood industry is
granted, the employer may bring the nonimmigrants described in the
petition into the United States at any time during the 120-day
period beginning on the start date for which the employer is
seeking the services of the nonimmigrants without filing another
petition.
(2) Requirements for crossings after 90th day.--An employer in
the seafood industry may not bring H-2B nonimmigrants into the
United States after the date that is 90 days after the start date
for which the employer is seeking the services of the nonimmigrants
unless the employer--
(A) completes a new assessment of the local labor market
by--
(i) listing job orders in local newspapers on 2
separate Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better qualified United
States worker who--
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into the United States
during the 120-day period specified in paragraph (1) to be
staggering the date of need in violation of section 655.20(d) of
title 20, Code of Federal Regulations, or any other applicable
provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 112. The determination of prevailing wage for the purposes of
the H-2B program shall be the greater of--(1) the actual wage level
paid by the employer to other employees with similar experience and
qualifications for such position in the same location; or (2) the
prevailing wage level for the occupational classification of the
position in the geographic area in which the H-2B nonimmigrant will be
employed, based on the best information available at the time of filing
the petition. In the determination of prevailing wage for the purposes
of the H-2B program, the Secretary shall accept private wage surveys
even in instances where Occupational Employment Statistics survey data
are available unless the Secretary determines that the methodology and
data in the provided survey are not statistically supported.
Sec. 113. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 114. None of the funds in this Act shall be used to implement
20 CFR 655.70 and 20 CFR 655.71.
This title may be cited as the ``Department of Labor Appropriations
Act, 2016''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,491,522,000 (in addition to the $3,600,000,000 previously
appropriated to the Community Health Center Fund for fiscal year 2016):
Provided, That no more than $100,000 shall be available until expended
for carrying out the provisions of section 224(o) of the PHS Act:
Provided further, That no more than $99,893,000 shall be available
until expended for carrying out the provisions of Public Law 104-73 and
for expenses incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to administrative
claims made under such law: Provided further, That of funds provided
for the Health Centers program, as defined by section 330 of the PHS
Act, by this Act or any other Act for fiscal year 2016, not less than
$200,000,000 shall be obligated in fiscal year 2016 to support new
access points, grants to expand medical services, behavioral health,
oral health, pharmacy, or vision services, and not less than
$150,000,000 shall be obligated in fiscal year 2016 for construction
and capital improvement costs: Provided further, That the time
limitation in section 330(e)(3) of the PHS Act shall not apply in
fiscal year 2016.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, section 1128E of the Social Security
Act, and the Health Care Quality Improvement Act of 1986, $786,895,000:
Provided, That sections 747(c)(2), 751(j)(2), 762(k), and the
proportional funding amounts in paragraphs (1) through (4) of section
756(e) of the PHS Act shall not apply to funds made available under
this heading: Provided further, That for any program operating under
section 751 of the PHS Act on or before January 1, 2009, the Secretary
of Health and Human Services (referred to in this title as the
``Secretary'') may hereafter waive any of the requirements contained in
sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project
period of a grant under such section: Provided further, That no funds
shall be available for section 340G-1 of the PHS Act: Provided
further, That fees collected for the disclosure of information under
section 427(b) of the Health Care Quality Improvement Act of 1986 and
sections 1128E(d)(2) and 1921 of the Social Security Act shall be
sufficient to recover the full costs of operating the programs
authorized by such sections and shall remain available until expended
for the National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart 3 of
part D of title III of the PHS Act may be used to make prior year
adjustments to awards made under such sections.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health, title V of the Social Security
Act, and section 712 of the American Jobs Creation Act of 2004,
$845,117,000: Provided, That notwithstanding sections 502(a)(1) and
502(b)(1) of the Social Security Act, not more than $77,093,000 shall
be available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and $10,276,000
shall be available for projects described in subparagraphs (A) through
(F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,322,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2018, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $103,193,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$149,571,000, of which $41,609,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That of the funds made available under this
heading for Medicare rural hospital flexibility grants, $14,942,000
shall be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health information
technology and up to $1,000,000 shall be to carry out section
1820(g)(6) of the Social Security Act, with funds provided for grants
under section 1820(g)(6) available for the purchase and implementation
of telehealth services, including pilots and demonstrations on the use
of electronic health records to coordinate rural veterans care between
rural providers and the Department of Veterans Affairs electronic
health record system: Provided further, That notwithstanding section
338J(k) of the PHS Act, $9,511,000 shall be available for State Offices
of Rural Health.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $154,000,000: Provided, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Care Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund (the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the PHS Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$7,500,000 shall be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect
to immunization and respiratory diseases, $459,055,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act
with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,122,278,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $527,885,000.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$838,146,000: Provided, That funds appropriated under this account may
be available for making grants under section 1509 of the PHS Act for
not less than 21 States, tribes, or tribal organizations: Provided
further, That of the funds available under this heading, $10,000,000
shall be available to continue and expand community specific extension
and outreach programs to combat obesity in counties with the highest
levels of obesity: Provided further, That the proportional funding
requirements under section 1503(a) of the PHS Act shall not apply to
funds made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $135,610,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $491,597,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $165,303,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $236,059,000: Provided, That
of the funds provided under this heading, $70,000,000 shall be
available for an evidence-based opioid drug overdose prevention
program.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety
and Health Act, with respect to occupational safety and health,
$339,121,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be
available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law 106-
554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $427,121,000, of which $128,421,000 for
international HIV/AIDS shall remain available through September 30,
2017: Provided, That funds may be used for purchase and insurance of
official motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $1,405,000,000, of which $575,000,000 shall remain
available until expended for the Strategic National Stockpile:
Provided, That in the event the Director of the CDC activates the
Emergency Operations Center, the Director of the CDC may detail CDC
staff without reimbursement for up to 90 days to support the work of
the CDC Emergency Operations Center, so long as the Director provides a
notice to the Committees on Appropriations of the House of
Representatives and the Senate within 15 days of the use of this
authority and a full report within 30 days after use of this authority
which includes the number of staff and funding level broken down by the
originating center and number of days detailed: Provided further, That
funds appropriated under this heading may be used to support a contract
for the operation and maintenance of an aircraft in direct support of
activities throughout CDC to ensure the agency is prepared to address
public health preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
demolition, and renovation of facilities, $10,000,000, which shall
remain available until September 30, 2020: Provided, That funds
previously set-aside by CDC for repair and upgrade of the Lake Lynn
Experimental Mine and Laboratory shall be used to acquire a replacement
mine safety research facility: Provided further, That in addition, the
prior year unobligated balance of any amounts assigned to former
employees in accounts of CDC made available for Individual Learning
Accounts shall be credited to and merged with the amounts made
available under this heading to support the replacement of the mine
safety research facility.
cdc-wide activities and program support
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $113,570,000: Provided,
That paragraphs (1) through (3) of subsection (b) of section 2821 of
the PHS Act shall not apply to funds appropriated under this heading
and in all other accounts of the CDC: Provided further, That employees
of CDC or the Public Health Service, both civilian and commissioned
officers, detailed to States, municipalities, or other organizations
under authority of section 214 of the PHS Act, or in overseas
assignments, shall be treated as non-Federal employees for reporting
purposes only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or HHS during the period of detail
or assignment: Provided further, That CDC may use up to $10,000 from
amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2017.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $5,214,701,000, of which up to $16,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $3,115,538,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $415,582,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $1,818,357,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $1,696,139,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $4,629,928,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,512,073,000, of which
$780,000,000 shall be from funds available under section 241 of the PHS
Act: Provided, That not less than $320,840,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,339,802,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $715,903,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $693,702,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $1,600,191,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$542,141,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $423,031,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $146,485,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $467,700,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,077,488,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,548,390,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $518,956,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$346,795,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $130,789,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$279,718,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $70,447,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $394,664,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2017: Provided
further, That in fiscal year 2016, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of
the National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $685,417,000: Provided, That up to
$25,835,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $500,000,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
For carrying out the responsibilities of the Office of the
Director, NIH, $1,558,600,000, of which up to $30,000,000 may be used
to carry out section 215 of this Act: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited to the
NIH Management Fund shall remain available for one fiscal year after
the fiscal year in which they are deposited: Provided further, That
$165,000,000 shall be for the National Children's Study Follow-on:
Provided further, That NIH shall submit a spend plan on the next phase
of the study in the previous proviso to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 90 days after the date of enactment of this Act: Provided
further, That $663,039,000 shall be available for the Common Fund
established under section 402A(c)(1) of the PHS Act: Provided further,
That of the funds provided, $10,000 shall be for official reception and
representation expenses when specifically approved by the Director of
the NIH: Provided further, That the Office of AIDS Research within the
Office of the Director of the NIH may spend up to $8,000,000 to make
grants for construction or renovation of facilities as provided for in
section 2354(a)(5)(B) of the PHS Act: Provided further, That up to
$130,000,000 of the funds provided to the Common Fund are available to
support the trans-NIH Precision Medicine Initiative: Provided further,
That of the amount provided to the NIH, the Director of the NIH shall
enter into an agreement with the National Academy of Sciences, as part
of the studies conducted under section 489 of the PHS Act, to conduct a
comprehensive study on policies affecting the next generation of
researchers in the United States: Provided further, That, of the funds
from Institute, Center, and Office of the Director accounts within
``Department of Health and Human Services, National Institutes of
Health,'' in order to strengthen privacy protections for human research
participants, NIH shall require investigators receiving NIH funding for
new and competing research projects designed to generate and analyze
large volumes of data derived from human research participants to
obtain a certificate of confidentiality.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of title 26, United States
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the
PHS Act (relating to pediatric research), as authorized in the
Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, renovation of, and acquisition
of equipment for, facilities of or used by NIH, including the
acquisition of real property, $128,863,000, to remain available through
September 30, 2020.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $1,133,948,000: Provided, That notwithstanding
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A shall be available for carrying out section 1971 of
the PHS Act: Provided further, That in addition to amounts provided
herein, $21,039,000 shall be available under section 241 of the PHS Act
to carry out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That section 520E(b)(2) of the PHS Act shall not
apply to funds appropriated in this Act for fiscal year 2016: Provided
further, That of the amount appropriated under this heading,
$46,887,000 shall be for the National Child Traumatic Stress Initiative
as described in section 582 of the PHS Act: Provided further, That
notwithstanding section 565(b)(1) of the PHS Act, technical assistance
may be provided to a public entity to establish or operate a system of
comprehensive community mental health services to children with a
serious emotional disturbance, without regard to whether the public
entity receives a grant under section 561(a) of such Act: Provided
further, That States shall expend at least 10 percent of the amount
each receives for carrying out section 1911 of the PHS Act to support
evidence-based programs that address the needs of individuals with
early serious mental illness, including psychotic disorders, regardless
of the age of the individual at onset: Provided further, That none of
the funds provided for section 1911 of the PHS Act shall be subject to
section 241 of such Act: Provided further, That of the funds made
available under this heading, $15,000,000 shall be to carry out section
224 of the Protecting Access to Medicare Act of 2014 (Public Law 113-
93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III, V, and XIX of the PHS Act with respect
to substance abuse treatment and section 1922(a) of the PHS Act with
respect to substance abuse prevention, $2,114,224,000: Provided, That
in addition to amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund section
1935(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart II of part B of title XIX; and (2)
$2,000,000 to evaluate substance abuse treatment programs: Provided
further, That none of the funds provided for section 1921 of the PHS
Act shall be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $211,219,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $174,878,000: Provided, That in
addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may
be collected for the costs of publications, data, data tabulations, and
data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act
for carrying out section 501(m) of the PHS Act shall remain available
through September 30, 2017: Provided further, That funds made
available under this heading may be used to supplement program support
funding provided under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$334,000,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2016: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2017.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $243,545,410,000, to remain available until
expended.
For making, after May 31, 2016, payments to States under title XIX
or in the case of section 1928 on behalf of States under title XIX of
the Social Security Act for the last quarter of fiscal year 2016 for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2017, $115,582,502,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$283,171,800,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare and Medicaid
Services, not to exceed $3,669,744,000, to be transferred from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section 302
of the Tax Relief and Health Care Act of 2006; and such sums as may be
collected from authorized user fees and the sale of data, which shall
be credited to this account and remain available until September 30,
2021: Provided, That all funds derived in accordance with 31 U.S.C.
9701 from organizations established under title XIII of the PHS Act
shall be credited to and available for carrying out the purposes of
this appropriation: Provided further, That the Secretary is directed
to collect fees in fiscal year 2016 from Medicare Advantage
organizations pursuant to section 1857(e)(2) of the Social Security Act
and from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $681,000,000, to remain available through
September 30, 2017, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $486,120,000 shall be for the Medicare Integrity Program at
the Centers for Medicare and Medicaid Services, including
administrative costs, to conduct oversight activities for Medicare
Advantage under Part C and the Medicare Prescription Drug Program under
Part D of the Social Security Act and for activities described in
section 1893(b) of such Act, of which $67,200,000 shall be for the
Department of Health and Human Services Office of Inspector General to
carry out fraud and abuse activities authorized by section 1817(k)(3)
of such Act, of which $67,200,000 shall be for the Medicaid and
Children's Health Insurance Program (``CHIP'') program integrity
activities, and of which $60,480,000 shall be for the Department of
Justice to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2016 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs for the
funds provided by this appropriation: Provided further, That of the
amount provided under this heading, $311,000,000 is provided to meet
the terms of section 251(b)(2)(C)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, and $370,000,000 is
additional new budget authority specified for purposes of section
251(b)(2)(C) of such Act: Provided further, That the Secretary shall
support the full cost of the Senior Medicare Patrol program to combat
health care fraud and abuse from the funds provided to this account.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, $2,944,906,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2017, $1,300,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3 months
of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low Income Home Energy Assistance Act of 1981, $3,390,304,000:
Provided, That all but $491,000,000 of this amount shall be allocated
as though the total appropriation for such payments for fiscal year
2016 was less than $1,975,000,000: Provided further, That
notwithstanding section 2609A(a), of the amounts appropriated under
section 2602(b), not more than $2,988,000 of such amounts may be
reserved by the Secretary for technical assistance, training, and
monitoring of program activities for compliance with internal controls,
policies and procedures and may, in addition to the authorities
provided in section 2609A(a)(1), use such funds through contracts with
private entities that do not qualify as nonprofit organizations.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
and for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), section 203 of the Trafficking Victims Protection
Reauthorization Act of 2005, and the Torture Victims Relief Act of
1998, $1,674,691,000, of which $1,645,201,000 shall remain available
through September 30, 2018 for carrying out such sections 414, 501,
462, and 235: Provided, That amounts available under this heading to
carry out such section 203 and the TVPA shall also be available for
research and evaluation with respect to activities under those
authorities: Provided further, That the limitation in section 205 of
this Act regarding transfers increasing any appropriation shall apply
to transfers to appropriations under this heading by substituting ``10
percent'' for ``3 percent''.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
2014 (``CCDBG Act''), $2,761,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That, in addition to the amounts required
to be reserved by the States under section 658G of the CCDBG Act,
$127,206,000 shall be for activities that improve the quality of infant
and toddler care: Provided further, That technical assistance under
section 658I(a)(3) of such Act may be provided directly, or through the
use of contracts, grants, cooperative agreements, or interagency
agreements: Provided further, That all funds made available to carry
out section 418 of the Social Security Act (42 U.S.C. 618), including
funds appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG
Act.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, sections 303 and 313 of the Family Violence Prevention
and Services Act, the Native American Programs Act of 1974, title II of
the Child Abuse Prevention and Treatment and Adoption Reform Act of
1978 (adoption opportunities), part B-1 of title IV and sections 429,
473A, 477(i), 1110, 1114A, and 1115 of the Social Security Act; for
making payments under the Community Services Block Grant Act (``CSBG
Act''), and the Assets for Independence Act; for necessary
administrative expenses to carry out titles I, IV, V, X, XI, XIV, XVI,
and XX-A of the Social Security Act, the Act of July 5, 1960, the Low
Income Home Energy Assistance Act of 1981, title IV of the Immigration
and Nationality Act, and section 501 of the Refugee Education
Assistance Act of 1980; and for the administration of prior year
obligations made by the Administration for Children and Families under
the Developmental Disabilities Assistance and Bill of Rights Act and
the Help America Vote Act of 2002, $10,984,268,000, of which
$37,943,000, to remain available through September 30, 2017, shall be
for grants to States for adoption and legal guardianship incentive
payments, as defined by section 473A of the Social Security Act and may
be made for adoptions completed before September 30, 2016: Provided,
That $9,168,095,000 shall be for making payments under the Head Start
Act: Provided further, That of the amount in the previous proviso,
$8,214,095,000 shall be available for payments under section 640 of the
Head Start Act, of which $141,000,000 shall be available for a cost of
living adjustment notwithstanding section 640(a)(3)(A) of such Act:
Provided further, That notwithstanding such section 640, of the amount
in the second preceding proviso, $294,000,000 (of which up to one
percent may be reserved for research and evaluation) shall be available
through December 31, 2016 for award by the Secretary to grantees that
apply for supplemental funding to increase their hours of program
operations and for training and technical assistance for such
activities: Provided further, That of the amount provided for making
payments under the Head Start Act, $25,000,000 shall be available for
allocation by the Secretary to supplement activities described in
paragraphs (7)(B) and (9) of section 641(c) of such Act under the
Designation Renewal System, established under the authority of sections
641(c)(7), 645A(b)(12) and 645A(d) of such Act: Provided further, That
notwithstanding such section 640, of the amount provided for making
payments under the Head Start Act, and in addition to funds otherwise
available under such section 640 for such purposes, $635,000,000 shall
be available through March 31, 2017 for Early Head Start programs as
described in section 645A of such Act, for conversion of Head Start
services to Early Head Start services as described in section
645(a)(5)(A) of such Act, for discretionary grants for high quality
infant and toddler care through Early Head Start-Child Care
Partnerships, to entities defined as eligible under section 645A(d) of
such Act, for training and technical assistance for such activities,
and for up to $14,000,000 in Federal costs of administration and
evaluation, and, notwithstanding section 645A(c)(2) of such Act, these
funds are available to serve children under age 4: Provided further,
That funds described in the preceding two provisos shall not be
included in the calculation of ``base grant'' in subsequent fiscal
years, as such term is used in section 640(a)(7)(A) of such Act:
Provided further, That $751,383,000 shall be for making payments under
the CSBG Act: Provided further, That $36,733,000 shall be for sections
680 and 678E(b)(2) of the CSBG Act, of which not less than $29,883,000
shall be for section 680(a)(2) and not less than $6,500,000 shall be
for section 680(a)(3)(B) of such Act: Provided further, That to the
extent Community Services Block Grant funds are distributed as grant
funds by a State to an eligible entity as provided under the CSBG Act,
and have not been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for expenditure by such
entity consistent with program purposes: Provided further, That the
Secretary shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets acquired
with, and program income derived from, grant funds authorized under
section 680 of the CSBG Act to become the sole property of such
grantees after a period of not more than 12 years after the end of the
grant period for any activity consistent with section 680(a)(2)(A) of
the CSBG Act: Provided further, That intangible assets in the form of
loans, equity investments and other debt instruments, and program
income may be used by grantees for any eligible purpose consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That these
procedures shall apply to such grant funds made available after
November 29, 1999: Provided further, That funds appropriated for
section 680(a)(2) of the CSBG Act shall be available for financing
construction and rehabilitation and loans or investments in private
business enterprises owned by community development corporations:
Provided further, That the Secretary shall issue performance standards
for nonprofit organizations receiving funds from State and territorial
grantees under the CSBG Act, and such States and territories shall
assure the implementation of such standards prior to September 30,
2016, and include information on such implementation in the report
required by section 678E(2) of such Act: Provided further, That, to
the extent funds for the Assets for Independence (AFI) Act provided in
this Act are distributed as grant funds to a qualified entity and have
not been expended by such entity within 3 years after the date of the
award, such funds may be recaptured and, during the fiscal year of such
recapture, reallocated among other qualified entities, to remain
available to such entities for 5 years: Provided further, That
$1,864,000 shall be for a human services case management system for
federally declared disasters, to include a comprehensive national case
management contract and Federal costs of administering the system:
Provided further, That up to $2,000,000 shall be for improving the
Public Assistance Reporting Information System, including grants to
States to support data collection for a study of the system's
effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $59,765,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $5,298,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2017,
$2,300,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), titles III and XXIX of the PHS Act,
sections 1252 and 1253 of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, title XX-B of the
Social Security Act, the Developmental Disabilities Assistance and Bill
of Rights Act, parts 2 and 5 of subtitle D of title II of the Help
America Vote Act of 2002, the Assistive Technology Act of 1998, titles
II and VII (and section 14 with respect to such titles) of the
Rehabilitation Act of 1973, and for Department-wide coordination of
policy and program activities that assist individuals with
disabilities, $1,912,735,000, together with $52,115,000 to be
transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That
amounts appropriated under this heading may be used for grants to
States under section 361 of the OAA only for disease prevention and
health promotion programs and activities which have been demonstrated
through rigorous evaluation to be evidence-based and effective:
Provided further, That notwithstanding any other provision of this Act,
funds made available under this heading to carry out section 311 of the
OAA may be transferred to the Secretary of Agriculture in accordance
with such section: Provided further, That $2,000,000 shall be for
competitive grants to support alternative financing programs that
provide for the purchase of assistive technology devices, such as a
low-interest loan fund; an interest buy-down program; a revolving loan
fund; a loan guarantee; or an insurance program: Provided further,
That applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing program will
expand and emphasize consumer choice and control: Provided further,
That State agencies and community-based disability organizations that
are directed by and operated for individuals with disabilities shall be
eligible to compete: Provided further, That in addition, the
unobligated balance of amounts previously made available for the Health
Resources and Services Administration to carry out functions under
sections 1252 and 1253 of the PHS Act shall be transferred to this
account, except for such sums as may be necessary to provide for an
orderly transition of such functions to the Administration for
Community Living: Provided further, That none of the funds made
available under this heading may be used by an eligible system (as
defined in section 102 of the Protection and Advocacy for Individuals
with Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an individual or
group of individuals with a developmental disability (as defined in
section 102(8)(A) of the Developmental Disabilities and Assistance and
Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable
to a mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of State
operated intermediate care facilities for people with intellectual or
developmental disabilities, unless reasonable public notice of the
action has been provided to such individuals (or, in the case of mental
incapacitation, the legal guardians who have been specifically awarded
authority by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action, within 90
days of instituting such legal action, which informs such individuals
(or such legal guardians) of their legal rights and how to exercise
such rights consistent with current Federal Rules of Civil Procedure:
Provided further, That the limitations in the immediately preceding
proviso shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the proviso
apply in the case of individuals who are a ward of the State or subject
to public guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$456,009,000, together with $64,828,000 from the amounts available
under section 241 of the PHS Act to carry out national health or human
services research and evaluation activities: Provided, That of this
amount, $53,900,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available under
this heading, $101,000,000 shall be for making competitive contracts
and grants to public and private entities to fund medically accurate
and age appropriate programs that reduce teen pregnancy and for the
Federal costs associated with administering and evaluating such
contracts and grants, of which not more than 10 percent of the
available funds shall be for training and technical assistance,
evaluation, outreach, and additional program support activities, and of
the remaining amount 75 percent shall be for replicating programs that
have been proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent shall be
available for research and demonstration grants to develop, replicate,
refine, and test additional models and innovative strategies for
preventing teenage pregnancy: Provided further, That of the amounts
provided under this heading from amounts available under section 241 of
the PHS Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy prevention
approaches: Provided further, That of the funds made available under
this heading, $10,000,000 shall be for making competitive grants which
exclusively implement education in sexual risk avoidance (defined as
voluntarily refraining from non-marital sexual activity): Provided
further, That funding for such competitive grants for sexual risk
avoidance shall use medically accurate information referenced to peer-
reviewed publications by educational, scientific, governmental, or
health organizations; implement an evidence-based approach integrating
research findings with practical implementation that aligns with the
needs and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for
poverty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors such
as underage drinking or illicit drug use without normalizing teen
sexual activity: Provided further, That no more than 10 percent of the
funding for such competitive grants for sexual risk avoidance shall be
available for technical assistance and administrative costs of such
programs: Provided further, That funds provided in this Act for embryo
adoption activities may be used to provide to individuals adopting
embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with 42 CFR
59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings and
Appeals, $107,381,000, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$75,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $950,958,000, of which $511,700,000 shall remain
available through September 30, 2017, for expenses necessary to support
advanced research and development pursuant to section 319L of the PHS
Act and other administrative expenses of the Biomedical Advanced
Research and Development Authority: Provided, That funds provided
under this heading for the purpose of acquisition of security
countermeasures shall be in addition to any other funds available for
such purpose: Provided further, That products purchased with funds
provided under this heading may, at the discretion of the Secretary, be
deposited in the Strategic National Stockpile pursuant to section 319F-
2 of the PHS Act: Provided further, That $5,000,000 of the amounts
made available to support emergency operations shall remain available
through September 30, 2018.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $510,000,000, to
remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $72,000,000; of which $40,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for
the construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized under such
Act shall be made available for the evaluation (directly, or by grants
or contracts) and the implementation and effectiveness of programs
funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the execution of a contract awarded in fiscal year 2016
under section 338B of such Act.
Sec. 207. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 211. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during
fiscal year 2016:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of 1956. The Secretary shall
consult with the Secretary of State and relevant Chief of Mission
to ensure that the authority provided in this section is exercised
in a manner consistent with section 207 of the Foreign Service Act
of 1980 and other applicable statutes administered by the
Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall cooperate
fully with the Secretary to ensure that HHS has secure, safe,
functional facilities that comply with applicable regulation
governing location, setback, and other facilities requirements and
serve the purposes established by this Act. The Secretary is
authorized, in consultation with the Secretary of State, through
grant or cooperative agreement, to make available to public or
nonprofit private institutions or agencies in participating foreign
countries, funds to acquire, lease, alter, or renovate facilities
in those countries as necessary to conduct programs of assistance
for international health activities, including activities relating
to HIV/AIDS and other infectious diseases, chronic and
environmental diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allowances
and benefits similar to those provided under chapter 9 of title I
of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the Secretary. The
Secretary is further authorized to provide locality-based
comparability payments (stated as a percentage) up to the amount of
the locality-based comparability payment (stated as a percentage)
that would be payable to such personnel under section 5304 of title
5, United States Code if such personnel's official duty station
were in the District of Columbia. Leaves of absence for personnel
under this subsection shall be on the same basis as that provided
under subchapter I of chapter 63 of title 5, United States Code, or
section 903 of the Foreign Service Act of 1980, to individuals
serving in the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of
the Office of AIDS Research, may transfer up to 3 percent among
institutes and centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the
Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds available under
section 402(b)(7) or 402(b)(12) of the PHS Act to enter into
transactions (other than contracts, cooperative agreements, or grants)
to carry out research identified pursuant to such section 402(b)(7)
(pertaining to the Common Fund) or research and activities described in
such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources
and Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. In addition to amounts provided herein, payments made
for research organisms or substances, authorized under section 301(a)
of the PHS Act, shall be retained and credited to the appropriations
accounts of the Institutes and Centers of the NIH making the substance
or organism available under section 301(a). Amounts credited to the
account under this authority shall be available for obligation through
September 30, 2017.
Sec. 219. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract will
serve the best interests of the Federal Government by encouraging
full and open competition or promoting economy in administration,
performance, and operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code; and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
Sec. 220. (a) The Secretary shall establish a publicly accessible
Web site to provide information regarding the uses of funds made
available under section 4002 of the Patient Protection and Affordable
Care Act of 2010 (``ACA'').
(b) With respect to funds provided under section 4002 of the ACA,
the Secretary shall include on the Web site established under
subsection (a) at a minimum the following information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity receiving
funds, the operating division or office that will administer the
funds, and the planned uses of the funds, to be posted not later
than the day after the transfer is made.
(2) Identification (along with a link to the full text) of each
funding opportunity announcement, request for proposals, or other
announcement or solicitation of proposals for grants, cooperative
agreements, or contracts intended to be awarded using such funds,
to be posted not later than the day after the announcement or
solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such funds,
including the purpose of the award and the identity of the
recipient, to be posted not later than 5 days after the award is
made.
(4) A report detailing the uses of all funds transferred under
section 4002(c) during the fiscal year, to be posted not later than
90 days after the end of the fiscal year.
(c) With respect to awards made in fiscal years 2013 through 2016,
the Secretary shall also include on the Web site established under
subsection (a), semi-annual reports from each entity awarded a grant,
cooperative agreement, or contract from such funds with a value of
$25,000 or more, summarizing the activities undertaken and identifying
any sub-grants or sub-contracts awarded (including the purpose of the
award and the identity of the recipient), to be posted not later than
30 days after the end of each 6-month period.
(d) In carrying out this section, the Secretary shall--
(1) present the information required in subsection (b)(1) on a
single webpage or on a single database;
(2) ensure that all information required in this section is
directly accessible from the single webpage or database; and
(3) ensure that all information required in this section is
able to be organized by program or State.
(transfer of funds)
Sec. 221. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
ACA to the accounts specified, in the amounts specified, and for the
activities specified under the heading ``Prevention and Public Health
Fund'' in the explanatory statement described in section 4 (in the
matter preceding division A of this consolidated Act).
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 222. (a) The Secretary shall publish in the fiscal year 2017
budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating the
program, project, or activity receiving such funds, the Federal
operating division or office that administers such program, and the
amount of funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from
the report employees or contractors who--
(1) are supported through appropriations enacted in laws other
than the ACA and work on programs that existed prior to the passage
of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 223. The Secretary shall publish, as part of the fiscal year
2017 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare and Medicaid Services specifically for
Health Insurance Exchanges for each fiscal year since the enactment of
the ACA and the proposed uses for such funds for fiscal year 2017. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 224. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care Act of
2010 pertaining to enrollments during the open enrollment period;
and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the Public
Health Service Act.
(b) The Committees on Appropriations of the House and Senate must
be notified at least 2 business days in advance of any public release
of enrollment information or the award of such grants.
Sec. 225. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare and Medicaid Services--
Program Management'' account, may be used for payments under section
1342(b)(1) of Public Law 111-148 (relating to risk corridors).
Sec. 226. In addition to the amounts otherwise available for
``Centers for Medicare and Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $305,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
(rescission)
Sec. 227. The following unobligated balances of amounts
appropriated prior to fiscal year 2007 for ``Department of Health and
Human Services, Health Resources and Services Administration'' are
hereby permanently rescinded:
(1) $281,003 appropriated to carry out section 1610(b) of the
PHS Act;
(2) $3,611 appropriated to carry out section 1602(c) of the PHS
Act;
(3) $105,576 appropriated in section 167 of division H of
Public Law 108-199; and
(4) $55,793 appropriated to carry out the National Cord Blood
Stem Cell Bank Program.
Sec. 228. The Secretary shall include in the fiscal year 2017
budget justification an analysis of how section 2713 of the PHS Act
will impact eligibility for discretionary HHS programs.
Sec. 229. Effective during the period beginning on November 1,
2015 and ending January 1, 2018, any provision of law that refers
(including through cross-reference to another provision of law) to the
current recommendations of the United States Preventive Services Task
Force with respect to breast cancer screening, mammography, and
prevention shall be administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with respect to
breast cancer screening, mammography, and prevention last issued
before 2009; and
(2) such recommendations last issued before 2009 applied to any
screening mammography modality under section 1861(jj) of the Social
Security Act (42 U.S.C. 1395x(jj)).
(transfer of funds)
Sec. 230. (a) In General.--Subject to the succeeding provisions of
this section, activities authorized under part A of title IV and
section 1108(b) of the Social Security Act shall continue through
September 30, 2016, in the manner authorized for fiscal year 2015, and
out of any money in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may be
necessary for such purpose. Grants and payments may be made pursuant to
this authority through September 30, 2016 at the level provided for
such activities for fiscal year 2015, except as provided in subsection
(b).
(b) Contingency Fund.--In the case of the Contingency Fund for
State Welfare Programs established under section 403(b) of the Social
Security Act--
(1) the amount appropriated for such section 403(b) shall be
$608,000,000 for each of fiscal years 2016 and 2017,
notwithstanding section 228(b)(1) of the Department of Health and
Human Services Appropriations Act, 2015;
(2) the requirement to reserve funds provided for in section
403(b)(2) of the Social Security Act shall not apply during fiscal
years 2016 and 2017; and
(3) grants and payments may only be made from such Fund for
fiscal year 2016 after the application of subsection (c).
(c) Census Research and Welfare Research.--Of the amount made
available under subsection (b)(1) for section 403(b) of the Social
Security Act for fiscal year 2016--
(1) $15,000,000 is hereby transferred to the Children's
Research and Technical Assistance account in the Administration for
Children and Families at the Department of Health and Human
Services and made available to carry out section 413(h) of the
Social Security Act; and
(2) $10,000,000 is hereby transferred and made available to the
Bureau of the Census to conduct activities using the Survey of
Income and Program Participation to obtain information to enable
interested parties to evaluate the impact of the amendments made by
title I of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996.
Sec. 231. Section 1886(m)(6) of the Social Security Act (42 U.S.C.
1395ww(m)(6)) is amended--
(1) in subparagraph (A)(i) by striking ``subparagraph (C)'' and
inserting ``subparagraphs (C) and (E)''; and
(2) by adding at the end the following new subparagraph:
``(E) Temporary exception for certain severe wound
discharges from certain long-term care hospitals.--
``(i) In general.--In the case of a discharge occurring
prior to January 1, 2017, subparagraph (A)(i) shall not
apply (and payment shall be made to a long-term care
hospital without regard to this paragraph) if such
discharge--
``(I) is from a long-term care hospital that is--
``(aa) identified by the amendment made by
section 4417(a) of the Balanced Budget Act of 1997
(42 U.S.C. 1395ww note, Public Law 105-33); and
``(bb) located in a rural area (as defined in
subsection (d)(2)(D)) or treated as being so
located pursuant to subsection (d)(8)(E); and
``(II) the individual discharged has a severe
wound.
``(ii) Severe wound defined.--In this subparagraph, the
term `severe wound' means a stage 3 wound, stage 4 wound,
unstageable wound, non-healing surgical wound, infected
wound, fistula, osteomyelitis, or wound with morbid
obesity, as identified in the claim from the long-term care
hospital.''.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2016''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965 (referred to in this Act as ``ESEA'') and section 418A of
the Higher Education Act of 1965 (referred to in this Act as ``HEA''),
$16,016,790,000, of which $5,127,006,000 shall become available on July
1, 2016, and shall remain available through September 30, 2017, and of
which $10,841,177,000 shall become available on October 1, 2016, and
shall remain available through September 30, 2017, for academic year
2016-2017: Provided, That $6,459,401,000 shall be for basic grants
under section 1124 of the ESEA: Provided further, That up to
$3,984,000 of these funds shall be available to the Secretary of
Education (referred to in this title as ``Secretary'') on October 1,
2015, to obtain annually updated local educational agency-level census
poverty data from the Bureau of the Census: Provided further, That
$1,362,301,000 shall be for concentration grants under section 1124A of
the ESEA: Provided further, That $3,544,050,000 shall be for targeted
grants under section 1125 of the ESEA: Provided further, That
$3,544,050,000 shall be for education finance incentive grants under
section 1125A of the ESEA: Provided further, That funds available
under sections 1124, 1124A, 1125 and 1125A of the ESEA may be used to
provide homeless children and youths with services not ordinarily
provided to other students under those sections, including supporting
the liaison designated pursuant to section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act, and providing transportation
pursuant to section 722(g)(1)(J)(iii) of such Act: Provided further,
That $450,000,000 shall be available for school improvement grants
under section 1003(g) of the ESEA, which shall be allocated by the
Secretary through the formula described in section 1003(g)(2) and shall
be used consistent with the requirements of section 1003(g), except
that State and local educational agencies may use such funds to serve
any school eligible to receive assistance under part A of title I that
has not made adequate yearly progress for at least 2 years or is in the
State's lowest quintile of performance based on proficiency rates and,
in the case of secondary schools, priority shall be given to those
schools with graduation rates below 60 percent: Provided further, That
notwithstanding section 1003(g)(5)(C) of the ESEA, the Secretary may
permit a State educational agency to establish an award period of up to
5 years for each participating local educational agency: Provided
further, That funds available for school improvement grants for fiscal
year 2014 and thereafter may be used by a local educational agency to
implement a whole-school reform strategy for a school using an
evidence-based strategy that ensures whole-school reform is undertaken
in partnership with a strategy developer offering a whole-school reform
program that is based on at least a moderate level of evidence that the
program will have a statistically significant effect on student
outcomes, including at least one well-designed and well-implemented
experimental or quasi-experimental study: Provided further, That funds
available for school improvement grants may be used by a local
educational agency to implement an alternative State-determined school
improvement strategy that has been established by a State educational
agency with the approval of the Secretary: Provided further, That a
local educational agency that is determined to be eligible for services
under subpart 1 or 2 of part B of title VI of the ESEA may modify not
more than one element of a school improvement grant model: Provided
further, That notwithstanding section 1003(g)(5)(A), each State
educational agency may establish a maximum subgrant size of not more
than $2,000,000 for each participating school applicable to such funds:
Provided further, That the Secretary may reserve up to 5 percent of
the funds available for section 1003(g) of the ESEA to carry out
activities to build State and local educational agency capacity to
implement effectively the school improvement grants program: Provided
further, That $190,000,000 shall be available under section 1502 of the
ESEA for a comprehensive literacy development and education program to
advance literacy skills, including pre-literacy skills, reading, and
writing, for students from birth through grade 12, including limited-
English-proficient students and students with disabilities, of which
one-half of 1 percent shall be reserved for the Secretary of the
Interior for such a program at schools funded by the Bureau of Indian
Education, one-half of 1 percent shall be reserved for grants to the
outlying areas for such a program, up to 5 percent may be reserved for
national activities, and the remainder shall be used to award
competitive grants to State educational agencies for such a program, of
which a State educational agency may reserve up to 5 percent for State
leadership activities, including technical assistance and training,
data collection, reporting, and administration, and shall subgrant not
less than 95 percent to local educational agencies or, in the case of
early literacy, to local educational agencies or other nonprofit
providers of early childhood education that partner with a public or
private nonprofit organization or agency with a demonstrated record of
effectiveness in improving the early literacy development of children
from birth through kindergarten entry and in providing professional
development in early literacy, giving priority to such agencies or
other entities serving greater numbers or percentages of disadvantaged
children: Provided further, That the State educational agency shall
ensure that at least 15 percent of the subgranted funds are used to
serve children from birth through age 5, 40 percent are used to serve
students in kindergarten through grade 5, and 40 percent are used to
serve students in middle and high school including an equitable
distribution of funds between middle and high schools: Provided
further, That eligible entities receiving subgrants from State
educational agencies shall use such funds for services and activities
that have the characteristics of effective literacy instruction through
professional development, screening and assessment, targeted
interventions for students reading below grade level and other
research-based methods of improving classroom instruction and practice:
Provided further, That $44,623,000 shall be for carrying out section
418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the ESEA, $1,305,603,000,
of which $1,168,233,000 shall be for basic support payments under
section 8003(b), $48,316,000 shall be for payments for children with
disabilities under section 8003(d), $17,406,000 shall be for
construction under section 8007(a), $66,813,000 shall be for Federal
property payments under section 8002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 8008: Provided, That for purposes of computing the amount of a
payment for an eligible local educational agency under section 8003(a)
for school year 2015-2016, children enrolled in a school of such agency
that would otherwise be eligible for payment under section
8003(a)(1)(B) of such Act, but due to the deployment of both parents or
legal guardians, or a parent or legal guardian having sole custody of
such children, or due to the death of a military parent or legal
guardian while on active duty (so long as such children reside on
Federal property as described in section 8003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily
attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by parts
A and B of title II, part B of title IV, parts A and B of title VI, and
parts B and C of title VII of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical Assistance Act
of 2002; the Compact of Free Association Amendments Act of 2003; and
the Civil Rights Act of 1964, $4,433,629,000, of which $2,611,619,000
shall become available on July 1, 2016, and remain available through
September 30, 2017, and of which $1,681,441,000 shall become available
on October 1, 2016, and shall remain available through September 30,
2017, for academic year 2016-2017: Provided, That funds made available
to carry out part B of title VII of the ESEA may be used for
construction, renovation, and modernization of any elementary school,
secondary school, or structure related to an elementary school or
secondary school, run by the Department of Education of the State of
Hawaii, that serves a predominantly Native Hawaiian student body:
Provided further, That funds made available to carry out part C of
title VII of the ESEA shall be awarded on a competitive basis, and also
may be used for construction: Provided further, That $51,445,000 shall
be available to carry out section 203 of the Educational Technical
Assistance Act of 2002 and the Secretary shall make such arrangements
as determined to be necessary to ensure that the Bureau of Indian
Education has access to services provided under this section: Provided
further, That $16,699,000 shall be available to carry out the
Supplemental Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided further,
That the Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That up to 4.0
percent of the funds for subpart 1 of part A of title II of the ESEA
shall be reserved by the Secretary for competitive awards for teacher
or principal recruitment and training or professional enhancement
activities, including for civic education instruction, to national not-
for-profit organizations, of which up to 8 percent may only be used for
research, dissemination, evaluation, and technical assistance for
competitive awards carried out under this proviso: Provided further,
That $152,717,000 shall be to carry out part B of title II of the ESEA:
Provided further, That none of the funds made available by this Act
shall be used to allow 21st Century Community Learning Centers
initiative funding for expanded learning time unless these activities
provide enrichment and engaging academic activities for students at
least 300 additional program hours before, during, or after the
traditional school day and supplements but does not supplant school day
requirements.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VII, part A of the ESEA, $143,939,000.
Innovation and Improvement
For carrying out activities authorized by part G of title I,
subpart 5 of part A and parts C and D of title II, parts B, C, and D of
title V of the ESEA, and section 14007 of division A of the American
Recovery and Reinvestment Act of 2009, as amended, $1,181,226,000:
Provided, That up to $120,000,000 shall be available through December
31, 2016 for section 14007 of division A of Public Law 111-5, and up to
5 percent of such funds may be used for technical assistance and the
evaluation of activities carried out under such section: Provided
further, That the education facilities clearinghouse established
through a competitive process in fiscal year 2013 may collect and
disseminate information on effective educational practices and the
latest research on the planning, design, financing, construction,
improvement, operation, and maintenance of safe, healthy, high-
performance public facilities for early learning programs, kindergarten
through grade 12, and higher education: Provided further, That
$230,000,000 of the funds for subpart 1 of part D of title V of the
ESEA shall be for competitive grants to local educational agencies,
including charter schools that are local educational agencies, or
States, or partnerships of: (1) a local educational agency, a State, or
both; and (2) at least one nonprofit organization to develop and
implement performance-based compensation systems for teachers,
principals, and other personnel in high-need schools: Provided
further, That such performance-based compensation systems must consider
gains in student academic achievement as well as classroom evaluations
conducted multiple times during each school year among other factors
and provide educators with incentives to take on additional
responsibilities and leadership roles: Provided further, That
recipients of such grants shall demonstrate that such performance-based
compensation systems are developed with the input of teachers and
school leaders in the schools and local educational agencies to be
served by the grant: Provided further, That recipients of such grants
may use such funds to develop or improve systems and tools (which may
be developed and used for the entire local educational agency or only
for schools served under the grant) that would enhance the quality and
success of the compensation system, such as high-quality teacher
evaluations and tools to measure growth in student achievement:
Provided further, That applications for such grants shall include a
plan to sustain financially the activities conducted and systems
developed under the grant once the grant period has expired: Provided
further, That up to 5 percent of such funds for competitive grants
shall be available for technical assistance, training, peer review of
applications, program outreach, and evaluation activities: Provided
further, That $250,000,000 of the funds for part D of title V of the
ESEA shall be available through December 31, 2016 for carrying out, in
accordance with the applicable requirements of part D of title V of the
ESEA, a preschool development grants program: Provided further, That
the Secretary, jointly with the Secretary of HHS, shall make
competitive awards to States for activities that build the capacity
within the State to develop, enhance, or expand high-quality preschool
programs, including comprehensive services and family engagement, for
preschool-aged children from families at or below 200 percent of the
Federal poverty line: Provided further, That each State may subgrant a
portion of such grant funds to local educational agencies and other
early learning providers (including, but not limited to, Head Start
programs and licensed child care providers), or consortia thereof, for
the implementation of high-quality preschool programs for children from
families at or below 200 percent of the Federal poverty line: Provided
further, That subgrantees that are local educational agencies shall
form strong partnerships with early learning providers and that
subgrantees that are early learning providers shall form strong
partnerships with local educational agencies, in order to carry out the
requirements of the subgrant: Provided further, That up to 3 percent
of such funds for preschool development grants shall be available for
technical assistance, evaluation, and other national activities related
to such grants: Provided further, That $10,000,000 of funds available
under part D of title V of the ESEA shall be for the Full-Service
Community Schools program: Provided further, That of the funds
available for part B of title V of the ESEA, the Secretary shall use up
to $10,000,000 to carry out activities under section 5205(b) and shall
use not less than $16,000,000 for subpart 2: Provided further, That of
the funds available for subpart 1 of part B of title V of the ESEA, and
notwithstanding section 5205(a), the Secretary shall reserve up to
$100,000,000 to make multiple awards to non-profit charter management
organizations and other entities that are not for-profit entities for
the replication and expansion of successful charter school models and
shall reserve not less than $11,000,000 to carry out the activities
described in section 5205(a), including improving quality and oversight
of charter schools and providing technical assistance and grants to
authorized public chartering agencies in order to increase the number
of high-performing charter schools: Provided further, That funds
available for part B of title V of the ESEA may be used for grants that
support preschool education in charter schools: Provided further, That
each application submitted pursuant to section 5203(a) shall describe a
plan to monitor and hold accountable authorized public chartering
agencies through such activities as providing technical assistance or
establishing a professional development program, which may include
evaluation, planning, training, and systems development for staff of
authorized public chartering agencies to improve the capacity of such
agencies in the State to authorize, monitor, and hold accountable
charter schools: Provided further, That each application submitted
pursuant to section 5203(a) shall contain assurances that State law,
regulations, or other policies require that: (1) each authorized
charter school in the State operate under a legally binding charter or
performance contract between itself and the school's authorized public
chartering agency that describes the rights and responsibilities of the
school and the public chartering agency; conduct annual, timely, and
independent audits of the school's financial statements that are filed
with the school's authorized public chartering agency; and demonstrate
improved student academic achievement; and (2) authorized public
chartering agencies use increases in student academic achievement for
all groups of students described in section 1111(b)(2)(C)(v) of the
ESEA as one of the most important factors when determining to renew or
revoke a school's charter.
Safe Schools and Citizenship Education
For carrying out activities authorized by part A of title IV and
subparts 1, 2, and 10 of part D of title V of the ESEA, $244,815,000:
Provided, That $75,000,000 shall be available for subpart 2 of part A
of title IV, of which up to $5,000,000, to remain available until
expended, shall be for the Project School Emergency Response to
Violence (``Project SERV'') program to provide education-related
services to local educational agencies and institutions of higher
education in which the learning environment has been disrupted due to a
violent or traumatic crisis: Provided further, That $73,254,000 shall
be available through December 31, 2016 for Promise Neighborhoods.
English Language Acquisition
For carrying out part A of title III of the ESEA, $737,400,000,
which shall become available on July 1, 2016, and shall remain
available through September 30, 2017, except that 6.5 percent of such
amount shall be available on October 1, 2015, and shall remain
available through September 30, 2017, to carry out activities under
section 3111(c)(1)(C): Provided, That the Secretary shall use
estimates of the American Community Survey child counts for the most
recent 3-year period available to calculate allocations under such
part.
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$12,976,858,000, of which $3,456,259,000 shall become available on July
1, 2016, and shall remain available through September 30, 2017, and of
which $9,283,383,000 shall become available on October 1, 2016, and
shall remain available through September 30, 2017, for academic year
2016-2017: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2015, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2015: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611(d), from funds appropriated under
this heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso
to local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and
the amounts distributed to States under the previous provisos in fiscal
year 2012 or any subsequent year shall not be considered in calculating
the awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That, notwithstanding the
provision in section 612(a)(18)(B) regarding the fiscal year in which a
State's allocation under section 611(d) is reduced for failure to
comply with the requirement of section 612(a)(18)(A), the Secretary may
apply the reduction specified in section 612(a)(18)(B) over a period of
consecutive fiscal years, not to exceed five, until the entire
reduction is applied: Provided further, That the Secretary may, in any
fiscal year in which a State's allocation under section 611 is reduced
in accordance with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as the
reduction under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section 611(d) in
the absence of the reduction: Provided further, That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may be used
to provide technical assistance to States to improve the capacity of
the States to meet the data collection requirements of sections 616 and
618 and to administer and carry out other services and activities to
improve data collection, coordination, quality, and use under parts B
and C of the IDEA: Provided further, That the level of effort a local
educational agency must meet under section 613(a)(2)(A)(iii) of the
IDEA, in the year after it fails to maintain effort is the level of
effort that would have been required in the absence of that failure and
not the LEA's reduced level of expenditures: Provided further, That
the Secretary may use funds made available for the State Personnel
Development Grants program under part D, subpart 1 of IDEA to evaluate
program performance under such subpart.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,529,605,000, of which $3,391,770,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the Rehabilitation Act,
including activities aimed at improving the education and post-school
outcomes of children receiving Supplemental Security Income (``SSI'')
and their families that may result in long-term improvement in the SSI
child recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the funds to
other public and private, nonprofit entities: Provided further, That
any funds made available subsequent to reallotment for innovative
activities aimed at improving the outcomes of individuals with
disabilities shall remain available until September 30, 2017.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, $25,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $70,016,000:
Provided, That from the total amount available, the Institute may at
its discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $121,275,000: Provided, That from the total amount available,
the University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 and the Adult
Education and Family Literacy Act (``AEFLA''), $1,720,686,000, of which
$929,686,000 shall become available on July 1, 2016, and shall remain
available through September 30, 2017, and of which $791,000,000 shall
become available on October 1, 2016, and shall remain available through
September 30, 2017: Provided, That of the amounts made available for
AEFLA, $13,712,000 shall be for national leadership activities under
section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,198,210,000, which shall remain available
through September 30, 2017.
The maximum Pell Grant for which a student shall be eligible during
award year 2016-2017 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $1,551,854,000, to remain available through
September 30, 2017: Provided, That the Secretary shall, no later than
March 1, 2016, allocate new student loan borrower accounts to eligible
student loan servicers on the basis of their performance compared to
all loan servicers utilizing established common metrics, and on the
basis of the capacity of each servicer to process new and existing
accounts.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, and VII of the HEA, the Mutual Educational and Cultural
Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and
Technical Education Act of 2006, $1,982,185,000: Provided, That
notwithstanding any other provision of law, funds made available in
this Act to carry out title VI of the HEA and section 102(b)(6) of the
Mutual Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals who are
participating in advanced foreign language training and international
studies in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or
international development: Provided further, That of the funds
referred to in the preceding proviso up to 1 percent may be used for
program evaluation, national outreach, and information dissemination
activities: Provided further, That up to 1.5 percent of the funds made
available under chapter 2 of subpart 2 of part A of title IV of the HEA
may be used for evaluation.
Howard University
For partial support of Howard University, $221,821,000, of which
not less than $3,405,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2017: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $302,099,000:
Provided further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities without
regard to the limitations within section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $618,015,000, which shall remain available through
September 30, 2017: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may be used to
link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to further
develop such systems: Provided further, That up to $6,000,000 of the
funds available to carry out section 208 of the Educational Technical
Assistance Act may be used for awards to public or private
organizations or agencies to support activities to improve data
coordination, quality, and use at the local, State, and national
levels: Provided further, That $157,235,000 shall be for carrying out
activities authorized by the National Assessment of Educational
Progress Authorization Act.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $432,000,000, of which up to $1,000,000, to
remain available until expended, may be for relocation of, and
renovation of buildings occupied by, Department staff.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $107,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $59,256,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of
equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home,
except for a student requiring special education, to the school
offering such special education, in order to comply with title VI of
the Civil Rights Act of 1964. For the purpose of this section an
indirect requirement of transportation of students includes the
transportation of students to carry out a plan involving the
reorganization of the grade structure of schools, the pairing of
schools, or the clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
Sec. 303. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund any
project or activity for which no funds are provided in this Act:
Provided further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer.
Sec. 305. The Outlying Areas may consolidate funds received under
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the
ESEA.
Sec. 306. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall
be applied by substituting ``2016'' for ``2009''.
Sec. 307. The Secretary, in consultation with the Director of the
Institute of Education Sciences, may reserve funds under section 9601
of the ESEA (subject to the limitations in subsections (b) and (c) of
that section) in order to carry out activities authorized under
paragraphs (1) and (2) of subsection (a) of that section with respect
to any ESEA program funded in this Act and without respect to the
source of funds for those activities: Provided, That high-quality
evaluations of ESEA programs shall be prioritized, before using funds
for any other evaluation activities: Provided further, That any funds
reserved under this section shall be available from July 1, 2016
through September 30, 2017: Provided further, That not later than 10
days prior to the initial obligation of funds reserved under this
section, the Secretary, in consultation with the Director, shall submit
an evaluation plan to the Senate Committees on Appropriations and
Health, Education, Labor, and Pensions and the House Committees on
Appropriations and Education and the Workforce which identifies the
source and amount of funds reserved under this section, the impact on
program grantees if funds are withheld, the programs to be evaluated
with such funds, how ESEA programs will be regularly evaluated, and how
findings from evaluations completed under this section will be widely
disseminated.
Sec. 308. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2016 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 309. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ``2015'' and inserting ``2016''.
Sec. 310. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
amended in paragraph (4) by striking ``2014'' and inserting ``2016''.
Sec. 311. Section 428(c)(1) of the HEA (20 U.S.C. 1078(c)(1)) is
amended by striking ``95 percent'' and inserting ``100 percent''.
Sec. 312. Notwithstanding section 5(b) of the Every Student
Succeeds Act, funds provided in this Act for non-competitive formula
grant programs authorized by the ESEA for use during academic year
2016-2017 shall be administered in accordance with the ESEA as in
effect on the day before the date of enactment of the Every Student
Succeeds Act.
Sec. 313. Career Pathways Programs.--
(1) Subsection (d) of section 484 of the HEA is amended by
replacing (d)(2) with the following:
``(2) Eligible career pathway program.--In this subsection, the
term `eligible career pathway program' means a program that
combines rigorous and high-quality education, training, and other
services that--
``(A) aligns with the skill needs of industries in the
economy of the State or regional economy involved;
``(B) prepares an individual to be successful in any of a
full range of secondary or postsecondary education options,
including apprenticeships registered under the Act of August
16, 1937 (commonly known as the `National Apprenticeship Act';
50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) (referred to
individually in this Act as an `apprenticeship', except in
section 171);
``(C) includes counseling to support an individual in
achieving the individual's education and career goals;
``(D) includes, as appropriate, education offered
concurrently with and in the same context as workforce
preparation activities and training for a specific occupation
or occupational cluster;
``(E) organizes education, training, and other services to
meet the particular needs of an individual in a manner that
accelerates the educational and career advancement of the
individual to the extent practicable;
``(F) enables an individual to attain a secondary school
diploma or its recognized equivalent, and at least 1 recognized
postsecondary credential; and
``(G) helps an individual enter or advance within a
specific occupation or occupational cluster.''.
(2) Subsection (b) of section 401 of the HEA is amended by
striking the addition to (b)(2)(A)(ii) made by subsection 309(b) of
division G of Public Law 113-235.
This title may be cited as the ``Department of Education
Appropriations Act, 2016''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled established under section 8502 of
title 41, United States Code, $6,191,000: Provided, That in order to
authorize any central nonprofit agency designated pursuant to section
8503(c) of title 41, United States Code, to perform contract
requirements of the Committee as prescribed under section 51-3.2 of
title 41, Code of Federal Regulations, the Committee shall within 180
days after the date of enactment of this Act enter into a written
agreement with any such central nonprofit agency: Provided further,
That such agreement entered into under the preceding proviso shall
contain such auditing, oversight, and reporting provisions as necessary
to implement chapter 85 of title 41, United States Code: Provided
further, That such agreement shall include the elements listed under
the heading ``Committee For Purchase From People Who Are Blind or
Severely Disabled--Written Agreement Elements'' in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act): Provided further, That after 180 days from the
date of enactment of this Act a fee may not be charged under section
51-3.5 of title 41, Code of Federal Regulations, unless such fee is
under the terms of the written agreement between the Committee and any
such central nonprofit agency: Provided further, That no less than
$750,000 shall be available for the Office of Inspector General.
administrative provisions
Sec. 401. (a) Section 8G of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``the Committee for
Purchase From People Who Are Blind or Severely Disabled,''
after ``the Board for International Broadcasting,''; and
(B) in paragraph (4)--
(i) by redesignating subparagraphs (D) through (H) as
subparagraphs (E) through (I), respectively; and
(ii) by inserting after subparagraph (C) the following
new subparagraph:
``(D) with respect to the Committee for Purchase From
People Who Are Blind or Severely Disabled, such term means the
Chairman of the Committee for Purchase From People Who Are
Blind or Severely Disabled;''; and
(2) in subsection (e)(1)--
(A) by striking ``board or commission'', the first place it
appears, and inserting ``board, chairman of a committee, or
commission''; and
(B) by striking ``board or commission'', the second place
it appears, and inserting ``board, committee, or commission''.
(b) Not later than 180 days after the date of the enactment of this
Act, the Chairman of the Committee for Purchase From People Who Are
Blind or Severely Disabled shall appoint an Inspector General for the
Committee.
(c) This section, and the amendments made by this section, shall
take effect on the date that is 180 days after the date of the
enactment of this Act.
Sec. 402. Not later than 30 days after the end of each fiscal year
quarter, beginning with the first quarter of fiscal year 2016, the
Committee For Purchase From People Who Are Blind or Severely Disabled
shall submit to the Committees on Oversight and Government Reform and
Education and the Workforce of the House of Representatives, the
Committees on Homeland Security and Governmental Affairs and Health,
Education, Labor, and Pensions of the Senate, and the Committees on
Appropriations of the House of Representatives and the Senate, the
reports described under the heading ``Committee For Purchase From
People Who Are Blind or Severely Disabled--Requested Reports'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title
as ``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $787,929,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management
of the grants cycle; (2) $50,000,000 shall be available for expenses to
carry out section 198K of the 1990 Act; (3) $16,038,000 shall be
available to provide assistance to State commissions on national and
community service, under section 126(a) of the 1990 Act and
notwithstanding section 501(a)(5)(B) of the 1990 Act; (4) $30,000,000
shall be available to carry out subtitle E of the 1990 Act; and (5)
$3,800,000 shall be available for expenses authorized under section
501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions of
section 198P shall be awarded by CNCS on a competitive basis: Provided
further, That for the purposes of carrying out the 1990 Act, satisfying
the requirements in section 122(c)(1)(D) may include a determination of
need by the local community: Provided further, That not to exceed 20
percent of funds made available under section 198K of the 1990 Act may
be used for Social Innovation Fund Pilot Program-related performance-
based awards for Pay for Success projects and shall remain available
through September 30, 2017: Provided further, That, with respect to
the previous proviso, any funds obligated for such projects shall
remain available for disbursement until expended, notwithstanding 31
U.S.C. 1552(a): Provided further, That any funds deobligated from
projects under section 198K of the 1990 Act shall immediately be
available for activities authorized under section 198K of such Act.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $220,000,000, to remain
available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ``Operating Expenses'' allocated
to grants under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $81,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,250,000.
administrative provisions
Sec. 403. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2016, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose
any covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or employee
of CNCS that is authorized by CNCS to receive such information.
Sec. 404. AmeriCorps programs receiving grants under the National
Service Trust program shall meet an overall minimum share requirement
of 24 percent for the first 3 years that they receive AmeriCorps
funding, and thereafter shall meet the overall minimum share
requirement as provided in section 2521.60 of title 45, Code of Federal
Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal Regulations.
Sec. 405. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I
and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current programs and
operations.
Sec. 406. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 407. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section shall
be considered ``qualified entities'' under section 3 of the
National Child Protection Act of 1993 (``NCPA''); and
(2) individuals described in such section shall be considered
``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are authorized
to receive criminal history record information, consistent with
Public Law 92-544.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''),
as authorized by the Communications Act of 1934, an amount which shall
be available within limitations specified by that Act, for the fiscal
year 2018, $445,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds made available to
CPB by this Act shall be available or used to aid or support any
program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to apply any
political test or qualification in selecting, appointing, promoting, or
taking any other personnel action with respect to officers, agents, and
employees of CPB: Provided further, That none of the funds made
available to CPB by this Act shall be used to support the Television
Future Fund or any similar purpose.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system, $40,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
$48,748,000, including up to $400,000 to remain available through
September 30, 2017, for activities authorized by the Labor-Management
Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development of the agency workforce: Provided further, That the
Director of the Service is authorized to accept and use on behalf of
the United States gifts of services and real, personal, or other
property in the aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,085,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$230,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $7,765,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $11,925,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,250,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $274,224,000: Provided, That no part of
this appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning bargaining
units composed of agricultural laborers as referred to in section 2(3)
of the Act of July 5, 1935, and as amended by the Labor-Management
Relations Act, 1947, and as defined in section 3(f) of the Act of June
25, 1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least
95 percent of the water stored or supplied thereby is used for farming
purposes.
administrative provisions
Sec. 408. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be
used to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in
an election to determine a representative for the purposes of
collective bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$13,230,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $12,639,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $29,000,000,
which shall include amounts becoming available in fiscal year 2016
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds the amount
available for payment of vested dual benefits: Provided, That the
total amount provided herein shall be credited in 12 approximately
equal amounts on the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2017, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $111,225,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund: Provided, That notwithstanding section
7(b)(9) of the Railroad Retirement Act this limitation may be used to
hire attorneys only through the excepted service: Provided further,
That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $8,437,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
$11,400,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$46,305,733,000, to remain available until expended: Provided, That
any portion of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $101,000,000 shall
be available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act, and remain available through
September 30, 2018.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2017, $14,500,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $10,598,945,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,300,000 shall be for the Social Security Advisory
Board: Provided further, That, $116,000,000 may be used for the costs
associated with conducting continuing disability reviews under titles
II and XVI of the Social Security Act and conducting redeterminations
of eligibility under title XVI of the Social Security Act: Provided
further, That the Commissioner may allocate additional funds under this
paragraph above the level specified in the previous proviso for such
activities but only to reconcile estimated and actual unit costs for
conducting such activities and after notifying the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any such reallocation: Provided further, That
the acquisition of services to conduct and manage representative payee
reviews shall be made using full and open competition procedures:
Provided further, That, $150,000,000, to remain available until
expended, shall be for necessary expenses for the renovation and
modernization of the Arthur J. Altmeyer Building: Provided further,
That unobligated balances of funds provided under this paragraph at the
end of fiscal year 2016 not needed for fiscal year 2016 shall remain
available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided further,
That the Commissioner of Social Security shall notify the Committees on
Appropriations of the House of Representatives and the Senate prior to
making unobligated balances available under the authority in the
previous proviso: Provided further, That reimbursement to the trust
funds under this heading for expenditures for official time for
employees of the Social Security Administration pursuant to 5 U.S.C.
7131, and for facilities or support services for labor organizations
pursuant to policies, regulations, or procedures referred to in section
7135(b) of such title shall be made by the Secretary of the Treasury,
with interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are made.
In addition, for the costs associated with continuing disability
reviews under titles II and XVI of the Social Security Act and for the
cost associated with conducting redeterminations of eligibility under
title XVI of the Social Security Act, $1,426,000,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That, of
such amount, $273,000,000 is provided to meet the terms of section
251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $1,153,000,000 is additional new
budget authority specified for purposes of section 251(b)(2)(B) of such
Act: Provided further, That the Commissioner shall provide to the
Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $136,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2016
exceed $136,000,000, the amounts shall be available in fiscal year 2017
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$29,787,000, together with not to exceed $75,713,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that
government.
(c) The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending, or
future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``National Mediation Board,
Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or project
which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or incest;
or
(2) in the case where a woman suffers from a physical disorder,
physical injury, or physical illness, including a life-endangering
physical condition caused by or arising from the pregnancy itself,
that would, as certified by a physician, place the woman in danger
of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are destroyed,
discarded, or knowingly subjected to risk of injury or death
greater than that allowed for research on fetuses in utero under 45
CFR 46.204(b) and section 498(b) of the Public Health Service Act
(42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act providing for, or providing for the assignment of,
a unique health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until legislation
is enacted specifically approving the standard.
Sec. 511. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of Labor
concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by that
section for the most recent year for which such requirement was
applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2016, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2016, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2016 that are different than those
specified in this Act, the accompanying detailed table in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), or the fiscal year 2016 budget
request.
Sec. 517. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000 in value and awarded by the Department on
a non-competitive basis during each quarter of fiscal year 2016, but
not to include grants awarded on a formula basis or directed by law.
Such report shall include the name of the contractor or grantee, the
amount of funding, the governmental purpose, including a justification
for issuing the award on a non-competitive basis. Such report shall be
transmitted to the Committees within 30 days after the end of the
quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. Notwithstanding any other provision of this Act, no
funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds for
elements of a program other than making such purchases if the relevant
State or local health department, in consultation with the Centers for
Disease Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk for, a
significant increase in hepatitis infections or an HIV outbreak due to
injection drug use, and such program is operating in accordance with
State and local law.
Sec. 521. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 522. None of the funds made available under this or any other
Act, or any prior Appropriations Act, may be provided to the
Association of Community Organizations for Reform Now (ACORN), or any
of its affiliates, subsidiaries, allied organizations, or successors.
Sec. 523. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences shall
be tabulated separately from and not included in agency totals.
Sec. 524. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 525. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall--
(1) be designed to improve outcomes for disconnected youth;
(2) include communities that have recently experienced civil
unrest; and
(3) involve Federal programs targeted on disconnected youth, or
designed to prevent youth from disconnecting from school or work,
that provide education, training, employment, and other related
social services. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in
carrying out such Pilots section 526 shall be applied by
substituting ``Fiscal Year 2016'' for ``Fiscal Year 2014'' in the
title of subsection (b) and by substituting ``September 30, 2020''
for ``September 30, 2018'' each place it appears.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, and section
524 of division G of Public Law 113-235: Provided, That new pilots
that are being carried out with discretionary funds made available in
division G of Public Law 113-235 shall include communities that have
recently experienced civil unrest.
Sec. 526. Not later than 30 days after the end of each calendar
quarter, beginning with the first quarter of fiscal year 2013, the
Departments of Labor, Health and Human Services and Education and the
Social Security Administration shall provide the Committees on
Appropriations of the House of Representatives and Senate a quarterly
report on the status of balances of appropriations: Provided, That for
balances that are unobligated and uncommitted, committed, and obligated
but unexpended, the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation (beginning
with fiscal year 2012, or, to the extent feasible, earlier fiscal
years) from which balances were derived.
Sec. 527. Section 2812(d)(2) of the Public Health Service Act (42
U.S.C. 300hh-11(d)(2)) is amended--
(1) by redesignating the three sentences as subparagraphs (A),
(B), and (C), respectively, and indenting accordingly;
(2) in subparagraph (A), as so redesignated, by striking ``An''
and inserting ``In general.--An'';
(3) in subparagraph (B), as so redesignated, by striking
``With'' and inserting ``Application to training programs.--With'';
(4) in subparagraph (C), as so redesignated, by striking ``In''
and inserting ``Responsibility of labor secretary.--In''; and
(5) by adding at the end the following new subparagraphs:
``(D) Computation of pay.--In the event of an injury to
such an intermittent disaster response appointee, the position
of the employee shall be deemed to be `one which would have
afforded employment for substantially a whole year', for
purposes of section 8114(d)(2) of such title.
``(E) Continuation of pay.--The weekly pay of such an
employee shall be deemed to be the hourly pay in effect on the
date of the injury multiplied by 40, for purposes of computing
benefits under section 8118 of such title.''.
(rescission)
Sec. 528. Of the funds made available for fiscal year 2016 under
section 3403 of Public Law 111-148, $15,000,000 are rescinded.
Sec. 529. Amounts deposited or available in the Child Enrollment
Contingency Fund from appropriations to the Fund under section
2104(n)(2)(A)(i) of the Social Security Act and the income derived from
investment of those funds pursuant to 2104(n)(2)(C) of that Act, shall
not be available for obligation in this fiscal year.
(rescission)
Sec. 530. Of any available amounts appropriated under section 108
of Public Law 111-3, as amended, $4,678,500,000 are hereby rescinded.
This division may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2016''.
DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2016
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader of the
Senate, $39,920; Minority Leader of the Senate, $39,920; Majority Whip
of the Senate, $9,980; Minority Whip of the Senate, $9,980; Chairmen of
the Majority and Minority Conference Committees, $4,690 for each
Chairman; and Chairmen of the Majority and Minority Policy Committees,
$4,690 for each Chairman; in all, $174,840.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized
by law, including agency contributions, $179,185,311, which shall be
paid from this appropriation without regard to the following
limitations:
office of the vice president
For the Office of the Vice President, $2,417,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $723,466.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,255,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,359,424.
committee on appropriations
For salaries of the Committee on Appropriations, $15,142,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,658,000 for each such committee; in all, $3,316,000.
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $817,402.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,692,905 for each such committee; in all,
$3,385,810.
office of the chaplain
For Office of the Chaplain, $436,886.
office of the secretary
For Office of the Secretary, $24,772,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $69,000,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,762,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $48,797,499.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $5,408,500.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,120,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for
the Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the Standing Rules of
the Senate, section 112 of the Supplemental Appropriations and
Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281,
96th Congress, agreed to March 11, 1980, $133,265,000, of which
$26,650,000 shall remain available until September 30, 2018.
expenses of the united states senate caucus on international narcotics
control
For expenses of the United States Senate Caucus on International
Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$8,750,000 of which $4,350,000 shall remain available until September
30, 2020 and of which $2,500,000 shall remain available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper
of the Senate, $130,000,000, which shall remain available until
September 30, 2020.
miscellaneous items
For miscellaneous items, $21,390,270 which shall remain available
until September 30, 2018.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$390,000,000 of which $19,121,212 shall remain available until
September 30, 2018.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 1. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal year or fiscal years
for which such amounts are made available. Any unexpended balances
under such allowances remaining after the end of the period of
availability shall be returned to the Treasury in accordance with the
undesignated paragraph under the center heading ``GENERAL PROVISION''
under chapter XI of the Third Supplemental Appropriation Act, 1957 (2
U.S.C. 4107) and used for deficit reduction (or, if there is no Federal
budget deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury considers
appropriate).
authority for transfer of funds
Sec. 2. Section 1 of the Legislative Branch Appropriations Act,
1991 (2 U.S.C. 6153) is amended--
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively;
(2) by inserting after subsection (b) the following:
``(c)(1) The Chaplain of the Senate may, during any fiscal year, at
the election of the Chaplain of the Senate, transfer funds from the
appropriation account for salaries for the Office of the Chaplain of
the Senate to the account, within the contingent fund of the Senate,
from which expenses are payable for the Office of the Chaplain.
``(2) The Chaplain of the Senate may, during any fiscal year, at
the election of the Chaplain of the Senate, transfer funds from the
appropriation account for expenses, within the contingent fund of the
Senate, for the Office of the Chaplain to the account from which
salaries are payable for the Office of the Chaplain of the Senate.'';
(3) in subsection (d), as so redesignated--
(A) in paragraph (1), by inserting ``or the Office of the
Chaplain of the Senate, as the case may be,'' after ``such
committee'' each place it appears; and
(B) in paragraph (2), by inserting ``or the Chaplain of the
Senate, as the case may be,'' after ``the Chairman''; and
(4) in subsection (e), as so redesignated, by inserting ``or
the Chaplain of the Senate, as the case may be,'' after ``The
Chairman of a committee''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,180,736,000, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $22,278,891,
including: Office of the Speaker, $6,645,417, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,180,048, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,114,471, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,886,632,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip,
$1,459,639, including $5,000 for official expenses of the Minority
Whip; Republican Conference, $1,505,426; Democratic Caucus, $1,487,258:
Provided, That such amount for salaries and expenses shall remain
available from January 3, 2016 until January 2, 2017.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $554,317,732.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $123,903,173: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2016.
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$23,271,004, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2016.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $178,531,768, including: for salaries and expenses
of the Office of the Clerk, including the positions of the Chaplain and
the Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000
is for the Family Room and not more than $2,000 is for the Office of
the Chaplain, $24,980,898; for salaries and expenses of the Office of
the Sergeant at Arms, including the position of Superintendent of
Garages and the Office of Emergency Management, and including not more
than $3,000 for official representation and reception expenses,
$14,827,120 of which $4,784,229 shall remain available until expended;
for salaries and expenses of the Office of the Chief Administrative
Officer including not more than $3,000 for official representation and
reception expenses, $117,165,000, of which $1,350,000 shall remain
available until expended; for salaries and expenses of the Office of
the Inspector General, $4,741,809; for salaries and expenses of the
Office of General Counsel, $1,413,450; for salaries and expenses of the
Office of the Parliamentarian, including the Parliamentarian, $2,000
for preparing the Digest of Rules, and not more than $1,000 for
official representation and reception expenses, $1,974,606; for
salaries and expenses of the Office of the Law Revision Counsel of the
House, $3,119,766; for salaries and expenses of the Office of the
Legislative Counsel of the House, $8,352,975; for salaries and expenses
of the Office of Interparliamentary Affairs, $814,069; for other
authorized employees, $1,142,075.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $278,433,432, including: supplies, materials, administrative costs
and Federal tort claims, $3,625,236; official mail for committees,
leadership offices, and administrative offices of the House, $190,486;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $251,629,425, to remain available
until March 31, 2017; Business Continuity and Disaster Recovery,
$16,217,008 of which $5,000,000 shall remain available until expended;
transition activities for new members and staff, $2,084,000, to remain
available until expended; Wounded Warrior Program $2,500,000, to remain
available until expended; Office of Congressional Ethics, $1,467,030;
and miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of the House,
$720,247.
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 101. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2016. Any amount remaining after all
payments are made under such allowances for fiscal year 2016 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made,
for reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the
House of Representatives shall have authority to prescribe regulations
to carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
delivery of bills and resolutions
Sec. 102. None of the funds made available in this Act may be used
to deliver a printed copy of a bill, joint resolution, or resolution to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress) unless the Member
requests a copy.
delivery of congressional record
Sec. 103. None of the funds made available by this Act may be used
to deliver a printed copy of any version of the Congressional Record to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).
limitation on amount available to lease vehicles
Sec. 104. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an
aggregate amount that exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 105. None of the funds made available by this Act may be used
to provide an aggregate number of more than 50 printed copies of any
edition of the United States Code to all offices of the House of
Representatives.
delivery of reports of disbursements
Sec. 106. None of the funds made available by this Act may be used
to deliver a printed copy of the report of disbursements for the
operations of the House of Representatives under section 106 of the
House of Representatives Administrative Reform Technical Corrections
Act (2 U.S.C. 5535) to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress).
delivery of daily calendar
Sec. 107. None of the funds made available by this Act may be used
to deliver to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress) a
printed copy of the Daily Calendar of the House of Representatives
which is prepared by the Clerk of the House of Representatives.
delivery of congressional pictorial directory
Sec. 108. None of the funds made available by this Act may be used
to deliver a printed copy of the Congressional Pictorial Directory to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Congressional Committee on Inaugural Ceremonies of 2017
For salaries and expenses associated with conducting the inaugural
ceremonies of the President and Vice President of the United States,
January 20, 2017, in accordance with such program as may be adopted by
the joint congressional committee authorized to conduct the inaugural
ceremonies of 2017, $1,250,000 to be disbursed by the Secretary of the
Senate and to remain available until September 30, 2017: Provided,
That funds made available under this heading shall be available for
payment, on a direct or reimbursable basis, whether incurred on,
before, or after, October 1, 2016: Provided further, That the
compensation of any employee of the Committee on Rules and
Administration of the Senate who has been designated to perform service
with respect to the inaugural ceremonies of 2017 shall continue to be
paid by the Committee on Rules and Administration, but the account from
which such staff member is paid may be reimbursed for the services of
the staff member out of funds made available under this heading:
Provided further, That there are authorized to be paid from the
appropriations account for ``Expenses of Inquiries and Investigations''
of the Senate such sums as may be necessary, without fiscal year
limitation, for agency contributions related to the compensation of
employees of the joint congressional committee.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$10,095,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and $580 per
month each not to exceed 11 assistants on the basis heretofore
provided for such assistants; and
(5) $2,692,000 for reimbursement to the Department of the Navy
for expenses incurred for staff and equipment assigned to the
Office of the Attending Physician, which shall be advanced and
credited to the applicable appropriation or appropriations from
which such salaries, allowances, and other expenses are payable and
shall be available for all the purposes thereof, $3,784,000, to be
disbursed by the Chief Administrative Officer of the House of
Representatives.
Office of Congressional Accessibility Services
salaries and expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,400,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For salaries of employees of the Capitol Police, including
overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $309,000,000 of which overtime
shall not exceed $30,928,000 unless the Committee on Appropriations of
the House and Senate are notified, to be disbursed by the Chief of the
Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation
of instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $66,000,000, to be
disbursed by the Chief of the Capitol Police or his designee:
Provided, That, notwithstanding any other provision of law, the cost of
basic training for the Capitol Police at the Federal Law Enforcement
Training Center for fiscal year 2016 shall be paid by the Secretary of
Homeland Security from funds available to the Department of Homeland
Security.
Administrative Provision
deposit of reimbursements for law enforcement assistance
Sec. 1001. (a) In General.--Section 2802(a)(1) of the Supplemental
Appropriations Act, 2001 (2 U.S.C. 1905(a)(1)) is amended by striking
``District of Columbia)'' and inserting the following: ``District of
Columbia), and from any other source in the case of assistance provided
in connection with an activity that was not sponsored by Congress''.
(b) Conforming Amendment.--Section 2802(a)(2) of such Act (2 U.S.C.
1905(a)(2)) is amended by striking ``law enforcement assistance to any
Federal, State, or local government agency (including any agency of the
District of Columbia)'' and inserting ``any law enforcement assistance
for which reimbursement described in paragraph (1) is made''.
(c) Effective Date.--The amendments made by this section shall only
apply with respect to any reimbursement received before, on, or after
the date of the enactment of the Act.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability Act of
1995 (2 U.S.C. 1385), $3,959,000, of which $450,000 shall remain
available until September 30, 2017: Provided, That not more than $500
may be expended on the certification of the Executive Director of the
Office of Compliance in connection with official representation and
reception expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to be
expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception
expenses, $46,500,000.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation
expenses, to be expended as the Architect of the Capitol may approve;
for purchase or exchange, maintenance, and operation of a passenger
motor vehicle, $91,589,000.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $46,737,000, of which $22,737,000 shall remain
available until September 30, 2020.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $11,880,000, of which $2,000,000 shall remain
available until September 30, 2020.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be
expended under the control and supervision of the Architect of the
Capitol, $84,221,000, of which $26,283,000 shall remain available until
September 30, 2020.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $174,962,000, of which $48,885,000 shall
remain available until September 30, 2020, and of which $62,000,000
shall remain available until expended for the restoration and
renovation of the Cannon House Office Building.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $10,000,000, to remain available until
expended.
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $94,722,499, of which $17,581,499 shall remain available
until September 30, 2020: Provided, That not more than $9,000,000 of
the funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2016.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$40,689,000, of which $15,746,000 shall remain available until
September 30, 2020.
Capitol Police Buildings, Grounds, and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computer Facility, and
AOC security operations, $25,434,000, of which $7,901,000 shall remain
available until September 30, 2020.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $12,113,000, of which $2,100,000 shall
remain available until September 30, 2020: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established
under section 307E of the Legislative Branch Appropriations Act, 1989
(2 U.S.C. 2146), upon vouchers approved by the Architect of the Capitol
or a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $20,557,000.
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 1101. None of the funds made available in this Act for the
Architect of the Capitol may be used to make incentive or award
payments to contractors for work on contracts or programs for which the
contractor is behind schedule or over budget, unless the Architect of
the Capitol, or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program.
scrims
Sec. 1102. None of the funds made available by this Act may be
used for scrims containing photographs of building facades during
restoration or construction projects performed by the Architect of the
Capitol.
acquisition of parcel at fort meade
Sec. 1103. (a) Acquisition.--The Architect of the Capitol is
authorized to acquire from the Maryland State Highway Administration,
at no cost to the United States, a parcel of real property (including
improvements thereon) consisting of approximately 7.34 acres located
within the portion of Fort George G. Meade in Anne Arundel County,
Maryland, that was transferred to the Architect of the Capitol by the
Secretary of the Army pursuant to section 122 of the Military
Construction Appropriations Act, 1994 (2 U.S.C. 141 note).
(b) Terms and Conditions.--The terms and conditions applicable
under subsections (b) and (d) of section 122 of the Military
Construction Appropriations Act, 1994 (2 U.S.C. 141 note) to the
property acquired by the Architect of the Capitol pursuant to such
section shall apply to the real property acquired by the Architect
pursuant to the authority of this section.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and
maintenance of the American Folklife Center in the Library; preparation
and distribution of catalog records and other publications of the
Library; hire or purchase of one passenger motor vehicle; and expenses
of the Library of Congress Trust Fund Board not properly chargeable to
the income of any trust fund held by the Board, $425,971,000, of which
not more than $6,000,000 shall be derived from collections credited to
this appropriation during fiscal year 2016, and shall remain available
until expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat.
480; 2 U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2016 and shall remain available until
expended for the development and maintenance of an international legal
information database and activities related thereto: Provided, That
the Library of Congress may not obligate or expend any funds derived
from collections under the Act of June 28, 1902, in excess of the
amount authorized for obligation or expenditure in appropriations Acts:
Provided further, That the total amount available for obligation shall
be reduced by the amount by which collections are less than $6,350,000:
Provided further, That, of the total amount appropriated, not more
than $12,000 may be expended, on the certification of the Librarian of
Congress, in connection with official representation and reception
expenses for the Overseas Field Offices: Provided further, That of the
total amount appropriated, $8,231,000 shall remain available until
expended for the digital collections and educational curricula program:
Provided further, That, of the total amount appropriated, $1,300,000
shall remain available until expended for upgrade of the Legislative
Branch Financial Management System.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $58,875,000, of
which not more than $30,000,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2016 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess of the
amount authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $5,777,000 shall be derived from
collections during fiscal year 2016 under sections 111(d)(2),
119(b)(3), 803(e), 1005, and 1316 of such title: Provided further,
That the total amount available for obligation shall be reduced by the
amount by which collections are less than $35,777,000: Provided
further, That not more than $100,000 of the amount appropriated is
available for the maintenance of an ``International Copyright
Institute'' in the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in intellectual
property laws and policies: Provided further, That not more than
$6,500 may be expended, on the certification of the Librarian of
Congress, in connection with official representation and reception
expenses for activities of the International Copyright Institute and
for copyright delegations, visitors, and seminars: Provided further,
That, notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $106,945,000: Provided, That no part of such amount may be
used to pay any salary or expense in connection with any publication,
or preparation of material therefor (except the Digest of Public
General Bills), to be issued by the Library of Congress unless such
publication has obtained prior approval of either the Committee on
House Administration of the House of Representatives or the Committee
on Rules and Administration of the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,248,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 1201. (a) In General.--For fiscal year 2016, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $186,015,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
librarian of congress emeritus
Sec. 1202. (a) Designation of James Billington as Librarian of
Congress Emeritus.--As an honorary designation, James H. Billington,
upon leaving service as the Librarian of Congress, may be known as the
Librarian of Congress Emeritus.
(b) No Appointment to Government Service; Availability of
Incidental Support.--The honorary designation under this section does
not constitute an appointment to a position in the Federal Government
under title 5, United States Code. Notwithstanding the previous
sentence, in connection with his activities as Librarian of Congress
Emeritus, James H. Billington may receive incidental administrative and
clerical support through the Library of Congress.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; expenses
necessary for preparing the semimonthly and session index to the
Congressional Record, as authorized by law (section 902 of title 44,
United States Code); publishing of Government publications authorized
by law to be distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to be
distributed without charge to the recipient, $79,736,000: Provided,
That this appropriation shall not be available for paper copies of the
permanent edition of the Congressional Record for individual
Representatives, Resident Commissioners or Delegates authorized under
section 906 of title 44, United States Code: Provided further, That
this appropriation shall be available for the payment of obligations
incurred under the appropriations for similar purposes for preceding
fiscal years: Provided further, That notwithstanding the 2-year
limitation under section 718 of title 44, United States Code, none of
the funds appropriated or made available under this Act or any other
Act for printing and binding and related services provided to Congress
under chapter 7 of title 44, United States Code, may be expended to
print a document, report, or publication after the 27-month period
beginning on the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress reauthorizes such
printing in accordance with section 718 of title 44, United States
Code: Provided further, That any unobligated or unexpended balances in
this account or accounts for similar purposes for preceding fiscal
years may be transferred to the Government Publishing Office Business
Operations Revolving Fund for carrying out the purposes of this
heading, subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate: Provided further, That
notwithstanding sections 901, 902, and 906 of title 44, United States
Code, this appropriation may be used to prepare indexes to the
Congressional Record on only a monthly and session basis.
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications and their distribution to the
public, Members of Congress, other Government agencies, and designated
depository and international exchange libraries as authorized by law,
$30,500,000: Provided, That amounts of not more than $2,000,000 from
current year appropriations are authorized for producing and
disseminating Congressional serial sets and other related publications
for fiscal years 2014 and 2015 to depository and other designated
libraries: Provided further, That any unobligated or unexpended
balances in this account or accounts for similar purposes for preceding
fiscal years may be transferred to the Government Publishing Office
Business Operations Revolving Fund for carrying out the purposes of
this heading, subject to the approval of the Committees on
Appropriations of the House of Representatives and Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $6,832,000, to remain available until expended, for
information technology development and facilities repair: Provided,
That the Government Publishing Office is hereby authorized to make such
expenditures, within the limits of funds available and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the programs and
purposes set forth in the budget for the current fiscal year for the
Government Publishing Office Business Operations Revolving Fund:
Provided further, That not more than $7,500 may be expended on the
certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses:
Provided further, That the business operations revolving fund shall be
available for the hire or purchase of not more than 12 passenger motor
vehicles: Provided further, That expenditures in connection with
travel expenses of the advisory councils to the Director of the
Government Publishing Office shall be deemed necessary to carry out the
provisions of title 44, United States Code: Provided further, That the
business operations revolving fund shall be available for temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level V of the Executive Schedule
under section 5316 of such title: Provided further, That activities
financed through the business operations revolving fund may provide
information in any format: Provided further, That the business
operations revolving fund and the funds provided under the heading
``Public Information Programs of the Superintendent of Documents'' may
not be used for contracted security services at GPO's passport facility
in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with
official representation and reception expenses; temporary or
intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not more than the daily equivalent
of the annual rate of basic pay for level IV of the Executive Schedule
under section 5315 of such title; hire of one passenger motor vehicle;
advance payments in foreign countries in accordance with section 3324
of title 31, United States Code; benefits comparable to those payable
under sections 901(5), (6), and (8) of the Foreign Service Act of 1980
(22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
the Comptroller General of the United States, rental of living quarters
in foreign countries, $531,000,000: Provided, That, in addition,
$25,450,000 of payments received under sections 782, 791, 3521, and
9105 of title 31, United States Code, shall be available without fiscal
year limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department or
agency which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of non-
Federal participants: Provided further, That payments hereunder to the
Forum may be credited as reimbursements to any appropriation from which
costs involved are initially financed.
Administrative Provision
federal government details
Sec. 1301. (a) Permitting Details From Other Federal Offices.--
Section 731 of title 31, United States Code, is amended by adding at
the end the following new subsection:
``(k) Federal Government Details.--The activities of the Government
Accountability Office may, in the reasonable discretion of the
Comptroller General, be carried out by receiving details of personnel
from other offices of the Federal Government on a reimbursable,
partially-reimbursable, or nonreimbursable basis.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2016 and each succeeding fiscal year.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$5,600,000: Provided, That funds made available to support Russian
participants shall only be used for those engaging in free market
development, humanitarian activities, and civic engagement, and shall
not be used for officials of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2
U.S.C. 1105), $430,000.
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2016 unless
expressly so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat.
32 et seq.) is appropriated for or the rate of compensation or
designation of any office or position appropriated for is different
from that specifically established by such Act, the rate of
compensation and the designation in this Act shall be the permanent law
with respect thereto: Provided, That the provisions in this Act for
the various items of official expenses of Members, officers, and
committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall be the
permanent law with respect thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, under section 3109
of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating legislative branch entities (in such
allocations among the entities as the entities may determine) may not
exceed $2,000.
landscape maintenance
Sec. 206. For fiscal year 2016 and each fiscal year thereafter,
the Architect of the Capitol, in consultation with the District of
Columbia, is authorized to maintain and improve the landscape features,
excluding streets, in Square 580 up to the beginning of I-395.
limitation on transfers
Sec. 207. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
guided tours of the capitol
Sec. 208. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of
Congress and other offices of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
battery recharging stations for privately owned vehicles in parking
areas under the jurisdiction of the librarian of congress at no net
cost to the federal government
Sec. 209. (a) Definition.--In this section, the term ``covered
employee'' means--
(1) an employee of the Library of Congress; or
(2) any other individual who is authorized to park in any
parking area under the jurisdiction of the Library of Congress on
the Library of Congress buildings and grounds.
(b) Authority.--
(1) In general.--Subject to paragraph (3), funds appropriated
to the Architect of the Capitol under the heading ``Capitol Power
Plant'' under the heading ``ARCHITECT OF THE CAPITOL'' in any
fiscal year are available to construct, operate, and maintain on a
reimbursable basis battery recharging stations in parking areas
under the jurisdiction of the Library of Congress on Library of
Congress buildings and grounds for use by privately owned vehicles
used by covered employees.
(2) Vendors authorized.--In carrying out paragraph (1), the
Architect of the Capitol may use one or more vendors on a
commission basis.
(3) Approval of construction.--The Architect of the Capitol may
construct or direct the construction of battery recharging stations
described under paragraph (1) after--
(A) submission of written notice detailing the numbers and
locations of the battery recharging stations to the Joint
Committee on the Library; and
(B) approval by that Committee.
(c) Fees and Charges.--
(1) In general.--Subject to paragraph (2), the Architect of the
Capitol shall charge fees or charges for electricity provided to
covered employees sufficient to cover the costs to the Architect of
the Capitol to carry out this section, including costs to any
vendors or other costs associated with maintaining the battery
charging stations.
(2) Approval of fees or charges.--The Architect of the Capitol
may establish and adjust fees or charges under paragraph (1)
after--
(A) submission of written notice detailing the amount of
the fee or charge to be established or adjusted to the Joint
Committee on the Library; and
(B) approval by that Committee.
(d) Deposit and Availability of Fees, Charges, and Commissions.--
Any fees, charges, or commissions collected by the Architect of the
Capitol under this section shall be--
(1) deposited in the Treasury to the credit of the
appropriations account described under subsection (b); and
(2) available for obligation without further appropriation
during the fiscal year collected.
(e) Reports.--
(1) In general.--Not later than 30 days after the end of each
fiscal year, the Architect of the Capitol shall submit a report on
the financial administration and cost recovery of activities under
this section with respect to that fiscal year to the Joint
Committee on the Library and the Committees on Appropriations of
the House of Representatives and Senate.
(2) Avoiding subsidy.--
(A) Determination.--Not later than 3 years after the date
of enactment of this Act and every 3 years thereafter, the
Architect of the Capitol shall submit a report to the Joint
Committee on the Library determining whether covered employees
using battery charging stations as authorized by this section
are receiving a subsidy from the taxpayers.
(B) Modification of rates and fees.--If a determination is
made under subparagraph (A) that a subsidy is being received,
the Architect of the Capitol shall submit a plan to the Joint
Committee on the Library on how to update the program to ensure
no subsidy is being received. If the Joint Committee does not
act on the plan within 60 days, the Architect of the Capitol
shall take appropriate steps to increase rates or fees to
ensure reimbursement for the cost of the program consistent
with an appropriate schedule for amortization, to be charged to
those using the charging stations.
(f) Effective Date.--This section shall apply with respect to
fiscal year 2016 and each fiscal year thereafter.
self-certification of performance appraisal systems for senior-level
employees
Sec. 210. (a) Self-certification by Librarian of Congress,
Architect of the Capitol, and Director of Government Publishing
Office.--Section 5307(d) of title 5, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``this title or section
332(f), 603, or 604 of title 28'' and inserting ``this title,
section 332(f), 603, or 604 of title 28, or section 108 of the
Legislative Branch Appropriations Act, 1991 (2 U.S.C. 1849)''; and
(2) by adding at the end the following new paragraph:
``(5)(A) Notwithstanding any provision of paragraph (3), any
regulations, certifications, or other measures necessary to carry
out this subsection--
``(i) with respect to employees of the Library of Congress
shall be the responsibility of the Librarian of Congress;
``(ii) with respect to employees of the Office of the
Architect of the Capitol shall be the responsibility of the
Architect of the Capitol; and
``(iii) with respect to employees of the Government
Publishing Office shall be the responsibility of the Director
of the Government Publishing Office.
``(B) The regulations under this paragraph shall be consistent
with those promulgated under paragraph (3).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2016''.
DIVISION J--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $663,245,000, to remain available
until September 30, 2020: Provided, That, of this amount, not to
exceed $109,245,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of the Army determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,669,239,000, to remain available until September 30,
2020: Provided, That, of this amount, not to exceed $91,649,000 shall
be available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Navy
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That none of the funds made available under this heading may
be obligated for the Townsend Bombing Range Expansion, Phase 2, until
the Secretary of the Navy enters into an agreement with local
stakeholders that addresses the disposition and management of the
timber and forest resources in the proposed areas of expansion.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $1,389,185,000, to remain available until September 30, 2020:
Provided, That of this amount, not to exceed $89,164,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of the Air Force
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$2,242,867,000, to remain available until September 30, 2020:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further, That
of the amount appropriated, not to exceed $175,404,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the funds made available by this title to construct
fiscal year 2016 Special Operations Command military construction
projects, not to exceed 75 percent shall be available until the
Commander of the Special Operations Command has complied with the
certification and reporting requirements in the last proviso under the
heading ``Department of Defense--Military Construction, Defense-Wide''
in title I of H.R. 2029, as passed by the House of Representatives on
April 30, 2015.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $197,237,000, to remain available until September
30, 2020: Provided, That, of the amount appropriated, not to exceed
$20,337,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Army National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $138,738,000, to remain available until September
30, 2020: Provided, That, of the amount appropriated, not to exceed
$5,104,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Director of the Air National Guard determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $113,595,000, to
remain available until September 30, 2020: Provided, That, of the
amount appropriated, not to exceed $9,318,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Army Reserve determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $36,078,000, to remain available until September
30, 2020: Provided, That, of the amount appropriated, not to exceed
$2,208,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $65,021,000, to
remain available until September 30, 2020: Provided, That, of the
amount appropriated, not to exceed $13,400,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Chief of the Air Force Reserve determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Congress of
the determination and the reasons therefor.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $135,000,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $108,695,000, to remain available
until September 30, 2020.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $375,611,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $16,541,000, to remain
available until September 30, 2020.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $353,036,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $160,498,000, to remain available
until September 30, 2020.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $331,232,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $58,668,000.
Department of Defense Base Closure Account
For deposit into the Department of Defense Base Closure Account,
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $266,334,000, to remain
available until expended.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropriations for
military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Gulf, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Gulf, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided,
That this section shall not be applicable to contract awards for which
the lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense shall inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of plans and scope of any proposed military exercise
involving United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or permanent, are
anticipated to exceed $100,000.
Sec. 114. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 115. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 116. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.
(including transfer of funds)
Sec. 117. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the
Department of Defense Base Closure Account to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program incurred under 42 U.S.C.
3374(a)(1)(A). Any amounts transferred shall be merged with and be
available for the same purposes and for the same time period as the
fund to which transferred.
Sec. 119. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 120. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
(including transfer of funds)
Sec. 121. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
Sec. 122. (a) Except as provided in subsection (b), none of the
funds made available in this Act may be used by the Secretary of the
Army to relocate a unit in the Army that--
(1) performs a testing mission or function that is not
performed by any other unit in the Army and is specifically
stipulated in title 10, United States Code; and
(2) is located at a military installation at which the total
number of civilian employees of the Department of the Army and Army
contractor personnel employed exceeds 10 percent of the total
number of members of the regular and reserve components of the Army
assigned to the installation.
(b) Exception.--Subsection (a) shall not apply if the Secretary of
the Army certifies to the congressional defense committees that in
proposing the relocation of the unit of the Army, the Secretary
complied with Army Regulation 5-10 relating to the policy, procedures,
and responsibilities for Army stationing actions.
Sec. 123. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within the account in accordance with the
reprogramming guidelines for military construction and family housing
construction contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of February 2009, as in
effect on the date of enactment of this Act.
Sec. 124. None of the funds made available in this title may be
obligated or expended for planning and design and construction of
projects at Arlington National Cemetery.
(rescission of funds)
Sec. 125. Of the unobligated balances available for ``Military
Construction, Army'' and ``Family Housing Construction, Army'', from
prior appropriation Acts (other than appropriations designated by law
as being for contingency operations directly related to the global war
on terrorism or as an emergency requirement), $86,420,000 are hereby
rescinded.
(rescission of funds)
Sec. 126. Of the unobligated balances available for ``Military
Construction, Air Force'', from prior appropriation Acts (other than
appropriations designated by law as being for contingency operations
directly related to the global war on terrorism or as an emergency
requirement), $46,400,000 are hereby rescinded.
(rescission of funds)
Sec. 127. Of the unobligated balances available for ``Military
Construction, Defense-Wide'', from prior appropriation Acts (other than
appropriations designated by law as being for contingency operations
directly related to the global war on terrorism or as an emergency
requirement), $134,000,000 are hereby rescinded.
Sec. 128. For an additional amount for ``Military Construction,
Army'', $34,500,000, to remain available until September 30, 2020:
Provided, That such funds may only be obligated to carry out
construction projects identified in the Department of the Army's
Unfunded Priority List for Fiscal Year 2016 submitted to Congress:
Provided further, That such funding is for projects as authorized in
the National Defense Authorization Act for Fiscal Year 2016: Provided
further, That, not later than 30 days after enactment of this Act, the
Secretary of the Army shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided under
this section.
Sec. 129. For an additional amount for ``Military Construction,
Navy and Marine Corps'', $34,500,000, to remain available until
September 30, 2020: Provided, That such funds may only be obligated to
carry out construction projects identified in the Department of the
Navy's Unfunded Priority List for Fiscal Year 2016: Provided further,
That such funding is for projects as authorized in the National Defense
Authorization Act for Fiscal Year 2016: Provided further, That, not
later than 30 days after enactment of this Act, the Secretary of the
Navy shall submit to the Committees on Appropriations of both Houses of
Congress an expenditure plan for funds provided under this section.
Sec. 130. For an additional amount for ``Military Construction,
Army National Guard'', $51,300,000, to remain available until September
30, 2020: Provided, That such funds may only be obligated to carry out
construction projects identified in the Department of the Army's
Unfunded Priority List for Fiscal Year 2016 submitted to Congress:
Provided further, That such funding is for projects as authorized in
the National Defense Authorization Act for Fiscal Year 2016: Provided
further, That, not later than 30 days after enactment of this Act, the
Secretary of the Army shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided under
this section.
Sec. 131. For an additional amount for ``Military Construction,
Army Reserve'', $34,200,000, to remain available until September 30,
2020: Provided, That such funds may only be obligated to carry out
construction projects identified in the Department of the Army's
Unfunded Priority List for Fiscal Year 2016 submitted to Congress:
Provided further, That such funding is for projects as authorized in
the National Defense Authorization Act for Fiscal Year 2016: Provided
further, That, not later than 30 days after enactment of this Act, the
Secretary of the Army shall submit to the Committees on Appropriations
of both Houses of Congress an expenditure plan for funds provided under
this section.
Sec. 132. Notwithstanding section 124, for an additional amount
for ``Military Construction, Army'' in this title, $30,000,000 is
provided for advances to the Federal Highway Administration, Department
of Transportation, for construction of access roads as authorized by
section 210 of title 23, United States Code.
Sec. 133. For an additional amount for ``Military Construction,
Air Force'', $21,000,000, to remain available until September 30, 2020:
Provided, That such funds may only be obligated to carry out
construction projects identified in the Department of the Air Force's
Unfunded Priority List for Fiscal Year 2016 submitted to Congress:
Provided further, That such funding is for projects as authorized in
the National Defense Authorization Act for Fiscal Year 2016: Provided
further, That not later than 30 days after enactment of this Act, the
Secretary of the Air Force shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
Sec. 134. For an additional amount for ``Military Construction,
Air National Guard'', $6,100,000, to remain available until September
30, 2020: Provided, That such funds may only be obligated to carry out
construction projects identified in the Department of the Air Force's
Unfunded Priority List for Fiscal Year 2016 submitted to Congress:
Provided further, That such funding is for projects as authorized in
the National Defense Authorization Act for Fiscal Year 2016: Provided
further, That not later than 30 days after enactment of this Act, the
Secretary of the Air Force shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
Sec. 135. For the purposes of this Act, the term ``congressional
defense committees'' means the Committees on Armed Services of the
House of Representatives and the Senate, the Subcommittee on Military
Construction and Veterans Affairs of the Committee on Appropriations of
the Senate, and the Subcommittee on Military Construction and Veterans
Affairs of the Committee on Appropriations of the House of
Representatives.
(rescission of funds)
Sec. 136. Of the unobligated balances made available in prior
appropriation Acts for the fund established in section 1013(d) of the
Demonstration Cities and Metropolitan Development Act of 1966 (42
U.S.C. 3374) (other than appropriations designated by law as being for
contingency operations directly related to the global war on terrorism
or as an emergency requirement), $105,000,000 are hereby rescinded.
Sec. 137. For an additional amount for ``Military Construction,
Air Force Reserve'', $10,400,000, to remain available until September
30, 2020: Provided, That such funds may only be obligated to carry out
construction projects identified in the Department of the Air Force's
Unfunded Priority List for Fiscal Year 2016 submitted to Congress:
Provided further, That such funding is for projects as authorized in
the National Defense Authorization Act for Fiscal Year 2016: Provided
further, That not later than 30 days after enactment of this Act, the
Secretary of the Air Force shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan for funds
provided under this section.
Sec. 138. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this or any other Act
may be used to consolidate or relocate any element of a United States
Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron
Engineer (RED HORSE) outside of the United States until the Secretary
of the Air Force (1) completes an analysis and comparison of the cost
and infrastructure investment required to consolidate or relocate a RED
HORSE squadron outside of the United States versus within the United
States; (2) provides to the Committees on Appropriations of both Houses
of Congress (``the Committees'') a report detailing the findings of the
cost analysis; and (3) certifies in writing to the Committees that the
preferred site for the consolidation or relocation yields the greatest
savings for the Air Force: Provided, That the term ``United States''
in this section does not include any territory or possession of the
United States.
Sec. 139. None of the funds made available by this Act may be used
to carry out the closure or transfer of the United States Naval
Station, Guantanamo Bay, Cuba.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$162,948,673,000, to remain available until expended, of which
$86,083,128,000 shall become available on October 1, 2016: Provided,
That not to exceed $15,562,000 of the amount made available for fiscal
year 2016 and $16,021,000 of the amount made available for fiscal year
2017 under this heading shall be reimbursed to ``General Operating
Expenses, Veterans Benefits Administration'', and ``Information
Technology Systems'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United States Code,
the funding source for which is specifically provided as the
``Compensation and Pensions'' appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall
be reimbursed to ``Medical Care Collections Fund'' to augment the
funding of individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code,
$30,654,185,000, to remain available until expended, of which
$16,340,828,000 shall become available on October 1, 2016: Provided,
That expenses for rehabilitation program services and assistance which
the Secretary is authorized to provide under subsection (a) of section
3104 of title 38, United States Code, other than under paragraphs (1),
(2), (5), and (11) of that subsection, shall be charged to this
account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by chapters 19 and 21,
title 38, United States Code, $169,080,000, to remain available until
expended, of which $91,920,000 shall become available on October 1,
2016.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That, during fiscal year 2016, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $164,558,000.
vocational rehabilitation loans program account
For the cost of direct loans, $31,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds
made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,952,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $367,000, which may be paid to the appropriation
for ``General Operating Expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,134,000.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, bioengineering services, food
services, and salaries and expenses of healthcare employees hired under
title 38, United States Code, aid to State homes as authorized by
section 1741 of title 38, United States Code, assistance and support
services for caregivers as authorized by section 1720G of title 38,
United States Code, loan repayments authorized by section 604 of the
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1174; 38 U.S.C. 7681 note), and hospital care and
medical services authorized by section 1787 of title 38, United States
Code; $2,369,158,000, which shall be in addition to funds previously
appropriated under this heading that became available on October 1,
2015; and, in addition, $51,673,000,000, plus reimbursements, shall
become available on October 1, 2016, and shall remain available until
September 30, 2017: Provided, That, of the amount made available on
October 1, 2016, under this heading, $1,400,000,000 shall remain
available until September 30, 2018: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall establish a priority for the provision of medical
treatment for veterans who have service-connected disabilities, lower
income, or have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
give priority funding for the provision of basic medical benefits to
veterans in enrollment priority groups 1 through 6: Provided further,
That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs may authorize the dispensing of prescription drugs
from Veterans Health Administration facilities to enrolled veterans
with privately written prescriptions based on requirements established
by the Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no additional
cost to the Department of Veterans Affairs: Provided further, That, of
the amount made available on October 1, 2016, under this heading, not
less than $1,500,000,000 shall be available for Hepatitis C Virus (HCV)
clinical treatments, including clinical treatments with modern
medications that have significantly higher cure rates than older
medications, are easier to prescribe, and have fewer and milder side
effects: Provided further, That the Secretary of Veterans Affairs
shall ensure that sufficient amounts appropriated under this heading
for medical supplies and equipment are available for the acquisition of
gender appropriate prosthetics.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
$6,524,000,000, plus reimbursements, shall become available on October
1, 2016, and shall remain available until September 30, 2017:
Provided, That, of the amount made available on October 1, 2016, under
this heading, $100,000,000 shall remain available until September 30,
2018.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, domiciliary facilities, and other necessary
facilities of the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction, and renovation of
any facility under the jurisdiction or for the use of the Department;
for oversight, engineering, and architectural activities not charged to
project costs; for repairing, altering, improving, or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; for leases
of facilities; and for laundry services; $105,132,000, which shall be
in addition to funds previously appropriated under this heading that
became available on October 1, 2015; and, in addition, $5,074,000,000,
plus reimbursements, shall become available on October 1, 2016, and
shall remain available until September 30, 2017: Provided, That, of
the amount made available on October 1, 2016, under this heading,
$250,000,000 shall remain available until September 30, 2018.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $630,735,000, plus reimbursements, shall
remain available until September 30, 2017: Provided, That the
Secretary of Veterans Affairs shall ensure that sufficient amounts
appropriated under this heading are available for gender appropriate
prosthetic research and toxic exposure research.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $271,220,000, of which not to exceed
$26,600,000 shall remain available until September 30, 2017.
Departmental Administration
general administration
(including transfer of funds)
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-wide capital planning, management and policy
activities, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, $336,659,000, of which not to exceed
$10,000,000 shall remain available until September 30, 2017: Provided,
That funds provided under this heading may be transferred to ``General
Operating Expenses, Veterans Benefits Administration''.
board of veterans appeals
For necessary operating expenses of the Board of Veterans Appeals,
$109,884,000, of which not to exceed $10,788,000 shall remain available
until September 30, 2017.
general operating expenses, veterans benefits administration
For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $2,707,734,000:
Provided, That expenses for services and assistance authorized under
paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38,
United States Code, that the Secretary of Veterans Affairs determines
are necessary to enable entitled veterans: (1) to the maximum extent
feasible, to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily living,
shall be charged to this account: Provided further, That, of the funds
made available under this heading, not to exceed $160,000,000 shall
remain available until September 30, 2017.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$4,133,363,000, plus reimbursements: Provided, That $1,115,757,000
shall be for pay and associated costs, of which not to exceed
$34,800,000 shall remain available until September 30, 2017: Provided
further, That $2,512,863,000 shall be for operations and maintenance,
of which not to exceed $175,000,000 shall remain available until
September 30, 2017: Provided further, That $504,743,000 shall be for
information technology systems development, modernization, and
enhancement, and shall remain available until September 30, 2017:
Provided further, That amounts made available for information
technology systems development, modernization, and enhancement may not
be obligated or expended until the Secretary of Veterans Affairs or the
Chief Information Officer of the Department of Veterans Affairs submits
to the Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be obligated and
expended for each development project: Provided further, That amounts
made available for salaries and expenses, operations and maintenance,
and information technology systems development, modernization, and
enhancement may be transferred among the three subaccounts after the
Secretary of Veterans Affairs requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That amounts
made available for the ``Information Technology Systems'' account for
development, modernization, and enhancement may be transferred among
projects or to newly defined projects: Provided further, That no
project may be increased or decreased by more than $1,000,000 of cost
prior to submitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed: Provided
further, That funds under this heading may be used by the Interagency
Program Office through the Department of Veterans Affairs to define
data standards, code sets, and value sets used to enable
interoperability: Provided further, That, of the funds made available
for information technology systems development, modernization, and
enhancement for VistA Evolution, not more than 25 percent may be
obligated or expended until the Secretary of Veterans Affairs submits
to the Committees on Appropriations of both Houses of Congress, and
such Committees approve, a report that describes: (1) the status of and
changes to the VistA Evolution program plan dated March 24, 2014
(hereinafter referred to as the ``Plan''), the VistA 4 product roadmap
dated February 26, 2015 (``Roadmap''), and the VistA 4 Incremental Life
Cycle Cost Estimate, dated October 26, 2014; (2) any changes to the
scope or functionality of projects within the VistA Evolution program
as established in the Plan; (3) actual program costs incurred to date;
(4) progress in meeting the schedule milestones that have been
established in the Plan; (5) a Project Management Accountability System
(PMAS) Dashboard Progress report that identifies each VistA Evolution
project being tracked through PMAS, what functionality it is intended
to provide, and what evaluation scores it has received throughout
development; (6) the definition being used for interoperability between
the electronic health record systems of the Department of Defense and
the Department of Veterans Affairs, the metrics to measure the extent
of interoperability, the milestones and timeline associated with
achieving interoperability, and the baseline measurements associated
with interoperability; (7) progress toward developing and implementing
all components and levels of interoperability, including semantic
interoperability; (8) the change management tools in place to
facilitate the implementation of VistA Evolution and interoperability;
and (9) any changes to the governance structure for the VistA Evolution
program and its chain of decisionmaking authority: Provided further,
That the funds made available under this heading for information
technology systems development, modernization, and enhancement, shall
be for the projects, and in the amounts, specified under this heading
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $136,766,000, of which
not to exceed $12,676,000 shall remain available until September 30,
2017.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
38, United States Code, not otherwise provided for, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in section 8104(a)(3)(A) of title 38,
United States Code, or where funds for a project were made available in
a previous major project appropriation, $1,243,800,000, of which
$1,163,800,000 shall remain available until September 30, 2020, and of
which $80,000,000 shall remain available until expended: Provided,
That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and investment strategy studies
funded through the advance planning fund and the planning and design
activities funded through the design fund, including needs assessments
which may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those capital
investments funded through this account, and funds provided for the
purchase of land for the National Cemetery Administration through the
land acquisition line item, none of the funds made available under this
heading shall be used for any project which has not been approved by
the Congress in the budgetary process: Provided further, That funds
made available under this heading for fiscal year 2016, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2016; and (2) by the
awarding of a construction contract by September 30, 2017: Provided
further, That the Secretary of Veterans Affairs shall promptly submit
to the Committees on Appropriations of both Houses of Congress a
written report on any approved major construction project for which
obligations are not incurred within the time limitations established
above: Provided further, That, of the amount made available under this
heading, $649,000,000 for Veterans Health Administration major
construction projects shall not be available until the Department of
Veterans Affairs--
(1) enters into an agreement with an appropriate non-Department
of Veterans Affairs Federal entity to serve as the design and/or
construction agent for any Veterans Health Administration major
construction project with a Total Estimated Cost of $100,000,000 or
above by providing full project management services, including
management of the project design, acquisition, construction, and
contract changes, consistent with section 502 of Public Law 114-58;
and
(2) certifies in writing that such an agreement is executed and
intended to minimize or prevent subsequent major construction
project cost overruns and provides a copy of the agreement entered
into and any required supplementary information to the Committees
on Appropriations of both Houses of Congress.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406 and chapter 81 of
title 38, United States Code, not otherwise provided for, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$406,200,000, to remain available until September 30, 2020, along with
unobligated balances of previous ``Construction, Minor Projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds made available under this heading
shall be for: (1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $120,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
For grants to assist States and tribal organizations in
establishing, expanding, or improving veterans cemeteries as authorized
by section 2408 of title 38, United States Code, $46,000,000, to remain
available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2016 for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That, before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2016, in this or any other Act, under the
``Medical Services'', ``Medical Support and Compliance'', and ``Medical
Facilities'' accounts may be transferred among the accounts: Provided,
That any transfers between the ``Medical Services'' and ``Medical
Support and Compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress of the
amount and purpose of the transfer: Provided further, That any
transfers between the ``Medical Services'' and ``Medical Support and
Compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued: Provided further, That any transfers to or from the ``Medical
Facilities'' account may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, Major Projects'', and
``Construction, Minor Projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
Services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and Pensions'', ``Readjustment Benefits'', and
``Veterans Insurance and Indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2015.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and Pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 2016, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund under section 1920 of title 38,
United States Code, the Veterans' Special Life Insurance Fund under
section 1923 of title 38, United States Code, and the United States
Government Life Insurance Fund under section 1955 of title 38, United
States Code, reimburse the ``General Operating Expenses, Veterans
Benefits Administration'' and ``Information Technology Systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2016 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 2016 which is properly allocable to the provision of each
such insurance program and to the provision of any total disability
income insurance included in that insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication
under section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not to exceed
$43,700,000 for the Office of Resolution Management and $3,400,000 for
the Office of Employment Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General Administration'' and
``Information Technology Systems'' accounts for use by the office that
provided the service.
(transfer of funds)
Sec. 211. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2016 for the Office of Rural Health
under the heading ``Medical Services'', including any advance
appropriation for fiscal year 2016 provided in prior appropriation
Acts, up to $20,000,000 may be transferred to and merged with funds
appropriated under the heading ``Grants for Construction of State
Extended Care Facilities''.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, Major Projects''
and ``Construction, Minor Projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, Major
Projects'' and ``Construction, Minor Projects''.
Sec. 214. Amounts made available under ``Medical Services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other expenses
incidental to funerals and burials for beneficiaries receiving care
in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical Services'', to remain available
until expended for the purposes of that account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which are party
to the Alaska Native Health Compact with the Indian Health Service, and
Indian tribes and tribal organizations serving rural Alaska which have
entered into contracts with the Indian Health Service under the Indian
Self Determination and Educational Assistance Act, to provide
healthcare, including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply with all
appropriate rules and regulations, as established by the Secretary. The
term ``rural Alaska'' shall mean those lands sited within the external
boundaries of the Alaska Native regions specified in sections 7(a)(1)-
(4) and (7)-(12) of the Alaska Native Claims Settlement Act, as amended
(43 U.S.C. 1606), and those lands within the Alaska Native regions
specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1606), which are not within the
boundaries of the municipality of Anchorage, the Fairbanks North Star
Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, Major
Projects'' and ``Construction, Minor Projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds made available in this title may be
used to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 219. Not later than 30 days after the end of each fiscal
quarter, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a report on the
financial status of the Department of Veterans Affairs for the
preceding quarter: Provided, That, at a minimum, the report shall
include the direction contained in the explanatory statement described
in section 4 (in the matter preceding division A of this consolidated
Act) in the paragraph entitled ``Quarterly Report'', under the heading
``General Administration''.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical Services'',
``Medical Support and Compliance'', ``Medical Facilities'', ``General
Operating Expenses, Veterans Benefits Administration'', ``General
Administration'', and ``National Cemetery Administration'' accounts for
fiscal year 2016 may be transferred to or from the ``Information
Technology Systems'' account: Provided, That such transfers may not
result in a more than 10 percent aggregate increase in the total amount
made available by this Act for the ``Information Technology Systems''
account: Provided further, That, before a transfer may take place, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued.
Sec. 221. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with: (1) section
842 of the Transportation, Treasury, Housing and Urban Development, the
Judiciary, the District of Columbia, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2)
section 8110(a)(5) of title 38, United States Code.
(including transfer of funds)
Sec. 222. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2016 for ``Medical Services'',
``Medical Support and Compliance'', ``Medical Facilities'',
``Construction, Minor Projects'', and ``Information Technology
Systems'', up to $267,521,000, plus reimbursements, may be transferred
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571) and may be used for operation of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500): Provided, That
additional funds may be transferred from accounts designated in this
section to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written notification
by the Secretary of Veterans Affairs to the Committees on
Appropriations of both Houses of Congress: Provided further, That
section 223 of Title II of Division I of Public Law 113-235 is
repealed.
(including transfer of funds)
Sec. 223. Of the amounts appropriated to the Department of
Veterans Affairs which become available on October 1, 2016, for
``Medical Services'', ``Medical Support and Compliance'', and ``Medical
Facilities'', up to $265,675,000, plus reimbursements, may be
transferred to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571) and may be used for operation of
the facilities designated as combined Federal medical facilities as
described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
4500): Provided, That additional funds may be transferred from
accounts designated in this section to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund upon
written notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 224. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
to the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund, established by section 1704 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 3571); and (2) for operations of the facilities
designated as combined Federal medical facilities as described by
section 706 of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4500).
(including transfer of funds)
Sec. 225. Of the amounts available in this title for ``Medical
Services'', ``Medical Support and Compliance'', and ``Medical
Facilities'', a minimum of $15,000,000 shall be transferred to the DOD-
VA Health Care Sharing Incentive Fund, as authorized by section 8111(d)
of title 38, United States Code, to remain available until expended,
for any purpose authorized by section 8111 of title 38, United States
Code.
(including rescissions of funds)
Sec. 226. (a) Of the funds appropriated in title II of division I
of Public Law 113-235, the following amounts which became available on
October 1, 2015, are hereby rescinded from the following accounts in
the amounts specified:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
(b) In addition to amounts provided elsewhere in this Act, an
additional amount is appropriated to the following accounts in the
amounts specified to remain available until September 30, 2017:
(1) ``Department of Veterans Affairs, Medical Services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical Support and
Compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical Facilities'',
$250,000,000.
Sec. 227. The Secretary of Veterans Affairs shall notify the
Committees on Appropriations of both Houses of Congress of all bid
savings in a major construction project that total at least $5,000,000,
or 5 percent of the programmed amount of the project, whichever is
less: Provided, That such notification shall occur within 14 days of a
contract identifying the programmed amount: Provided further, That the
Secretary shall notify the Committees on Appropriations of both Houses
of Congress 14 days prior to the obligation of such bid savings and
shall describe the anticipated use of such savings.
Sec. 228. None of the funds made available for ``Construction,
Major Projects'' may be used for a project in excess of the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations unless the
Secretary of Veterans Affairs receives approval from the Committees on
Appropriations of both Houses of Congress.
Sec. 229. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report that contains the following information from each Veterans
Benefits Administration Regional Office: (1) the average time to
complete a disability compensation claim; (2) the number of claims
pending more than 125 days, disaggregated by initial and supplemental
claims; (3) error rates; (4) the number of claims personnel; (5) any
corrective action taken within the quarter to address poor performance;
(6) training programs undertaken; and (7) the number and results of
Quality Review Team audits: Provided, That each quarterly report shall
be submitted no later than 30 days after the end of the respective
quarter.
Sec. 230. Of the funds provided to the Department of Veterans
Affairs for fiscal year 2016 for ``Medical Services'' and ``Medical
Support and Compliance'', a maximum of $5,000,000 may be obligated from
the ``Medical Services'' account and a maximum of $154,596,000 may be
obligated from the ``Medical Support and Compliance'' account for the
VistA Evolution and electronic health record interoperability projects:
Provided, That funds in addition to these amounts may be obligated for
the VistA Evolution and electronic health record interoperability
projects upon written notification by the Secretary of Veterans Affairs
to the Committees on Appropriations of both Houses of Congress.
Sec. 231. The Secretary of Veterans Affairs shall provide written
notification to the Committees on Appropriations of both Houses of
Congress 15 days prior to organizational changes which result in the
transfer of 25 or more full-time equivalents from one organizational
unit of the Department of Veterans Affairs to another.
Sec. 232. The Secretary of Veterans Affairs shall provide on a
quarterly basis to the Committees on Appropriations of both Houses of
Congress notification of any single national outreach and awareness
marketing campaign in which obligations exceed $2,000,000.
Sec. 233. None of the funds available to the Department of
Veterans Affairs, in this or any other Act, may be used to replace the
current system by which the Veterans Integrated Service Networks select
and contract for diabetes monitoring supplies and equipment.
(including transfer of funds)
Sec. 234. The Secretary of Veterans Affairs, upon determination
that such action is necessary to address needs of the Veterans Health
Administration, may transfer to the ``Medical Services'' account any
discretionary appropriations made available for fiscal year 2016 in
this title (except appropriations made to the ``General Operating
Expenses, Veterans Benefits Administration'' account) or any
discretionary unobligated balances within the Department of Veterans
Affairs, including those appropriated for fiscal year 2016, that were
provided in advance by appropriations Acts: Provided, That transfers
shall be made only with the approval of the Office of Management and
Budget: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided by law:
Provided further, That no amounts may be transferred from amounts that
were designated by Congress as an emergency requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That such
authority to transfer may not be used unless for higher priority items,
based on emergent healthcare requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by Congress: Provided further, That,
upon determination that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be transferred back
to that appropriation and shall be available for the same purposes as
originally appropriated: Provided further, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and receive approval of that request.
(including transfer of funds)
Sec. 235. Amounts made available for the Department of Veterans
Affairs for fiscal year 2016, under the ``Board of Veterans Appeals''
and the ``General Operating Expenses, Veterans Benefits
Administration'' accounts may be transferred between such accounts:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and receive
approval from such Committees for such request.
(rescission of funds)
Sec. 236. Of the unobligated balances available within the ``DOD-
VA Health Care Sharing Incentive Fund'', $30,000,000 are hereby
rescinded.
Sec. 237. The Secretary of Veterans Affairs may not reprogram
funds among major construction projects or programs if such instance of
reprogramming will exceed $5,000,000, unless such reprogramming is
approved by the Committees on Appropriations of both Houses of
Congress.
Sec. 238. Section 2302(a)(2)(A)(viii) of title 5, United States
Code, is amended by inserting ``or under title 38'' after ``of this
title''.
Sec. 239. Section 312 of title 38, United States Code, is amended
by adding at the end the following new subsection:
``(c)(1) Whenever the Inspector General, in carrying out the duties
and responsibilities established under the Inspector General Act of
1978 (5 U.S.C. App.), issues a work product that makes a recommendation
or otherwise suggests corrective action, the Inspector General shall--
``(A) submit the work product to--
``(i) the Secretary;
``(ii) the Committee on Veterans' Affairs, the
Committee on Homeland Security and Governmental Affairs,
and the Committee on Appropriations of the Senate;
``(iii) the Committee on Veterans' Affairs, the
Committee on Oversight and Government Reform, and the
Committee on Appropriations of the House of
Representatives;
``(iv) if the work product was initiated upon request
by an individual or entity other than the Inspector
General, that individual or entity; and
``(v) any Member of Congress upon request; and
``(B) the Inspector General shall submit all final work
products to--
``(i) if the work product was initiated upon request by
an individual or entity other than the Inspector General,
that individual or entity; and
``(ii) any Member of Congress upon request; and
``(C) not later than 3 days after the work product is
submitted in final form to the Secretary, post the work product
on the Internet website of the Inspector General.
``(2) Nothing in this subsection shall be construed to
authorize the public disclosure of information that is specifically
prohibited from disclosure by any other provision of law.''.
Sec. 240. None of the funds provided in this Act may be used to
pay the salary of any individual who (a) was the Executive Director of
the Office of Acquisition, Logistics and Construction, and (b) who
retired from Federal service in the midst of an investigation,
initiated by the Department of Veterans Affairs, into delays and cost
overruns associated with the design and construction of the new medical
center in Aurora, Colorado.
Sec. 241. None of the funds appropriated in this or prior
appropriations Acts or otherwise made available to the Department of
Veterans Affairs may be used to transfer any amounts from the Filipino
Veterans Equity Compensation Fund to any other account within the
Department of Veterans Affairs.
Sec. 242. None of the amounts appropriated or otherwise made
available by title II may be used to carry out the Home Marketing
Incentive Program of the Department of Veterans Affairs or to carry out
the Appraisal Value Offer Program of the Department with respect to an
employee of the Department in a senior executive position (as defined
in section 713(g) of title 38, United States Code): Provided, That the
Secretary may waive this prohibition with respect to the use of the
Home Marketing Incentive Program and Appraisal Value Offer Program to
recruit for a position for which recruitment or retention of qualified
personnel is likely to be difficult in the absence of the use of these
incentives: Provided further, That within 15 days of a determination
by the Secretary to waive this prohibition, the Secretary shall submit
written notification thereof to the Committees on Appropriations of
both Houses of Congress containing the reasons and identifying the
position title for which the waiver has been issued.
(including transfer of funds)
Sec. 243. There is hereby established in the Treasury of the
United States a fund to be known as the ``Recurring Expenses
Transformational Fund'' (the Fund): Provided, That unobligated
balances of expired discretionary funds appropriated in this or any
succeeding fiscal year from the General Fund of the Treasury to the
Department of Veterans Affairs by this or any other Act may be
transferred (at the end of the fifth fiscal year after the last fiscal
year for which such funds are available for the purposes for which
appropriated) into the Fund: Provided further, That amounts deposited
in the Fund shall be available until expended, and in addition to such
other funds as may be available for such purposes, for facilities
infrastructure improvements, including nonrecurring maintenance, at
existing hospitals and clinics of the Veterans Health Administration,
and information technology systems improvements and sustainment,
subject to approval by the Office of Management and Budget: Provided
further, That prior to obligation of any amounts in the Fund, the
Secretary of Veterans Affairs shall request from the Committees on
Appropriations of both Houses of Congress the authority to make such
obligation and such Committees issue an approval, or absent a response,
a period of 30 days has elapsed.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $105,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $32,141,000: Provided, That
$2,500,000 shall be available for the purpose of providing financial
assistance as described, and in accordance with the process and
reporting procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses for maintenance, operation, and improvement
of Arlington National Cemetery and Soldiers' and Airmen's Home National
Cemetery, including the purchase or lease of passenger motor vehicles
for replacement on a one-for-one basis only, and not to exceed $1,000
for official reception and representation expenses, $79,516,000, of
which not to exceed $15,000,000 shall remain available until September
30, 2018. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies'' account.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $64,300,000, of which $1,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi: Provided, That of the amounts made available under this
heading from funds available in the Armed Forces Retirement Home Trust
Fund, $20,000,000 shall be paid from the general fund of the Treasury
to the Trust Fund.
Administrative Provisions
Sec. 301. Funds appropriated in this Act under the heading
``Department of Defense--Civil, Cemeterial Expenses, Army'', may be
provided to Arlington County, Virginia, for the relocation of the
federally owned water main at Arlington National Cemetery, making
additional land available for ground burials.
Sec. 302. Amounts deposited into the special account established
under 10 U.S.C. 4727 are appropriated and shall be available until
expended to support activities at the Army National Military
Cemeteries.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 403. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 404. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 405. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 406. None of the funds made available in this Act may be used
for a project or program named for an individual serving as a Member,
Delegate, or Resident Commissioner of the United States House of
Representatives.
Sec. 407. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public Web
site of that agency any report required to be submitted by the Congress
in this or any other Act, upon the determination by the head of the
agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 408. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 409. None of the funds made available in this Act may be used
by an agency of the executive branch to pay for first-class travel by
an employee of the agency in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 410. None of the funds made available in this Act may be used
to execute a contract for goods or services, including construction
services, where the contractor has not complied with Executive Order
No. 12989.
Sec. 411. None of the funds made available by this Act may be used
by the Department of Defense or the Department of Veterans Affairs to
lease or purchase new light duty vehicles for any executive fleet, or
for an agency's fleet inventory, except in accordance with Presidential
Memorandum--Federal Fleet Performance, dated May 24, 2011.
Sec. 412. (a) In General.--None of the funds appropriated or
otherwise made available to the Department of Defense in this Act may
be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual
detained at United States Naval Station, Guantanamo Bay, Cuba, for the
purposes of detention or imprisonment in the custody or under the
control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
This division may be cited as the ``Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act, 2016''.
DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $5,622,170,000, of which up to
$629,055,000 may remain available until September 30, 2017, and of
which up to $1,428,468,000 may remain available until expended for
Worldwide Security Protection: Provided, That funds made available
under this heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of persons
on a temporary basis (not to exceed $700,000), as authorized by
section 801 of the United States Information and Educational
Exchange Act of 1948, $2,181,622,000, of which up to $358,833,000
is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the regional
bureaus of the Department of State and overseas activities as
authorized by law, $1,561,840,000.
(3) Diplomatic policy and support.--For necessary expenses for
the functional bureaus of the Department of State, including
representation to certain international organizations in which the
United States participates pursuant to treaties ratified pursuant
to the advice and consent of the Senate or specific Acts of
Congress, general administration, and arms control,
nonproliferation and disarmament activities as authorized,
$791,121,000.
(4) Security programs.--For necessary expenses for security
activities, $1,087,587,000, of which up to $1,069,635,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,840,900 shall be derived from fees
collected from other executive agencies for lease or use of
facilities located at the International Center in accordance
with section 4 of the International Center Act, and, in
addition, as authorized by section 5 of such Act, $743,000, to
be derived from the reserve authorized by that section, to be
used for the purposes set out in that section;
(B) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be credited
to this appropriation from fees or other payments received from
English teaching, library, motion pictures, and publication
programs and from fees from educational advising and counseling
and exchange visitor programs; and
(C) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $10,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor vehicles
as authorized by law and, pursuant to section 1108(g) of title
31, United States Code, for the field examination of programs
and activities in the United States funded from any account
contained in this title.
(D) Funds appropriated under this heading may be made
available for Conflict Stabilization Operations and for related
reconstruction and stabilization assistance to prevent or
respond to conflict or civil strife in foreign countries or
regions, or to enable transition from such strife.
(E) Funds appropriated under this heading in this Act that
are designated for Worldwide Security Protection shall continue
to be made available for support of security-related training
at sites in existence prior to the enactment of this Act:
Provided, That in addition to such funds, up to $99,113,000 of
the funds made available under this heading in this Act may be
obligated for a Foreign Affairs Security Training Center
(FASTC) only after the Secretary of State--
(i) submits to the appropriate congressional committees
a comprehensive analysis of a minimum of three different
locations for FASTC assessing the feasibility and comparing
the costs and benefits of delivering training at each such
location; and
(ii) notifies the appropriate congressional committees
at least 15 days in advance of such obligation: Provided,
That such notification shall also include a justification
for any decision made by the Department of State to
obligate funds for FASTC.
(F) None of the funds appropriated under this heading may
be used for the preservation of religious sites unless the
Secretary of State determines and reports to the Committees on
Appropriations that such sites are historically, artistically,
or culturally significant, that the purpose of the project is
neither to advance nor to inhibit the free exercise of
religion, and that the project is in the national interest of
the United States.
capital investment fund
For necessary expenses of the Capital Investment Fund, $66,400,000,
to remain available until expended, as authorized.
office of inspector general
For necessary expenses of the Office of Inspector General,
$72,700,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections:
Provided, That of the funds appropriated under this heading,
$10,905,000 may remain available until September 30, 2017.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $590,900,000, to remain available until expended, of which
not less than $236,000,000 shall be for the Fulbright Program and not
less than $102,000,000 shall be for Citizen Exchange Program, including
$4,000,000 for the Congress-Bundestag Youth Exchange: Provided, That
fees or other payments received from, or in connection with, English
teaching, educational advising and counseling programs, and exchange
visitor programs as authorized may be credited to this account, to
remain available until expended: Provided further, That not later than
45 days after enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
modifications made to existing educational and cultural exchange
programs since calendar year 2014, including for special academic and
special professional and cultural exchanges: Provided further, That a
portion of the Fulbright awards from the Eurasia and Central Asia
regions shall be designated as Edmund S. Muskie Fellowships, following
consultation with the Committees on Appropriations: Provided further,
That Department of State-designated sponsors may not issue a Form DS-
2019 (Certificate of Eligibility for Exchange Visitor (J-1) Status) to
place student participants in seafood product preparation or packaging
positions in the Summer Work Travel program in fiscal year 2016 unless
prior to issuing such Form the sponsor provides to the Secretary of
State a description of such program and verifies in writing to the
Secretary that such program fully complies with part 62 of title 22 of
the Code of Federal Regulations, notwithstanding subsection
62.32(h)(16) of such part, and with the requirements specified under
this heading in the explanatory statement described in section 4 (in
the matter preceding division A of this Consolidated Act): Provided
further, That any substantive modifications from the prior fiscal year
to programs funded by this Act under this heading shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $8,030,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$30,036,000, to remain available until September 30, 2017.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $785,097,000, to remain
available until expended as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation expenses as
authorized: Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture, furnishings,
or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $688,799,000, to remain
available until expended: Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made
available under this heading and the actual and anticipated proceeds of
sales for all projects in fiscal year 2016.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$7,900,000, to remain available until expended as authorized, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,444,528.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $30,000,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $1,344,458,000:
Provided, That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That not later than May 1, 2016, and 30 days after the end of
fiscal year 2016, the Secretary of State shall report to the Committees
on Appropriations any credits available to the United States, including
from the United Nations Tax Equalization Fund, and provide updated
fiscal year 2016 and fiscal year 2017 assessment costs including
offsets from available credits and updated foreign currency exchange
rates: Provided further, That any such credits shall only be available
for United States assessed contributions to the United Nations and the
Committees on Appropriations shall be notified when such credits are
applied to any assessed contribution, including any payment of
arrearages: Provided further, That any notification regarding funds
appropriated or otherwise made available under this heading in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs submitted pursuant to section
7015 of this Act, section 34 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2706), or any operating plan submitted pursuant
to section 7076 of this Act, shall include an estimate of all known
credits currently available to the United States and provide updated
assessment costs including offsets from available credits and updated
foreign currency exchange rates: Provided further, That any payment of
arrearages under this heading shall be directed to activities that are
mutually agreed upon by the United States and the respective
international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That none of the funds appropriated under this heading shall
be available for a United States contribution to an international
organization for the United States share of interest costs made known
to the United States Government by such organization for loans incurred
on or after October 1, 1984, through external borrowings: Provided
further, That the Secretary of State shall review the budgetary and
personnel procedures of the United Nations and affiliated agencies
funded under this heading and, not later than 180 days after enactment
of this Act, submit a report to the Committees on Appropriations on
steps taken at each agency to eliminate unnecessary administrative
costs and duplicative activities and ensure that personnel practices
are transparent and merit-based.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $666,574,000, of which
15 percent shall remain available until September 30, 2017: Provided,
That none of the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for such mission in the
United Nations Security Council (or in an emergency as far in advance
as is practicable), the Committees on Appropriations are notified of:
(1) the estimated cost and duration of the mission, the objectives of
the mission, the national interest that will be served, and the exit
strategy; and (2) the sources of funds, including any reprogrammings
and transfers, that will be used to pay the cost of the new or expanded
mission, and the estimated cost in future fiscal years: Provided
further, That none of the funds appropriated under this heading may be
made available for obligation unless the Secretary of State certifies
and reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is implementing
effective policies and procedures to prevent United Nations employees,
contractor personnel, and peacekeeping troops serving in such mission
from trafficking in persons, exploiting victims of trafficking, or
committing acts of illegal sexual exploitation or other violations of
human rights, and to bring to justice individuals who engage in such
acts while participating in such mission, including prosecution in
their home countries and making information about such prosecutions
publicly available on the Web site of the United Nations: Provided
further, That funds shall be available for peacekeeping expenses unless
the Secretary of State determines that American manufacturers and
suppliers are not being given opportunities to provide equipment,
services, and material for United Nations peacekeeping activities equal
to those being given to foreign manufacturers and suppliers: Provided
further, That the Secretary of State shall work with the United Nations
and foreign governments contributing peacekeeping troops to implement
effective vetting procedures to ensure that such troops have not
violated human rights: Provided further, That none of the funds
appropriated or otherwise made available under this heading may be used
for any United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of a
foreign national, unless the President's military advisors have
submitted to the President a recommendation that such involvement is in
the national interest of the United States and the President has
submitted to Congress such a recommendation: Provided further, That
not later than May 1, 2016, and 30 days after the end of fiscal year
2016, the Secretary of State shall report to the Committees on
Appropriations any credits available to the United States, including
those resulting from United Nations peacekeeping missions or the United
Nations Tax Equalization Fund, and provide updated fiscal year 2016 and
fiscal year 2017 assessment costs including offsets from available
credits: Provided further, That any such credits shall only be
available for United States assessed contributions to the United
Nations, and the Committees on Appropriations shall be notified when
such credits are applied to any assessed contribution, including any
payment of arrearages: Provided further, That any notification
regarding funds appropriated or otherwise made available under this
heading in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs submitted
pursuant to section 7015 of this Act, section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or any
operating plan submitted pursuant to section 7076 of this Act, shall
include an estimate of all known credits currently available to the
United States and provide updated assessment costs including offsets
from available credits: Provided further, That any payment of
arrearages with funds appropriated by this Act shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall work with the
United Nations and members of the United Nations Security Council to
evaluate and prioritize peacekeeping missions, and to consider a draw
down when mission goals have been substantially achieved: Provided
further, That notwithstanding any other provision of law, funds
appropriated or otherwise made available under this heading shall be
available for United States assessed contributions up to the amount
specified in Annex IV accompanying United Nations General Assembly
Resolution 64/220: Provided further, That such funds may be made
available above the amount authorized in section 404(b)(2)(B) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22
U.S.C. 287e note) only if the Secretary of State determines and reports
to the appropriate congressional committees that it is important to the
national interest of the United States.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $45,307,000.
construction
For detailed plan preparation and construction of authorized
projects, $28,400,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by the North American
Free Trade Agreement Implementation Act (Public Law 103-182),
$12,330,000: Provided, That of the amount provided under this heading
for the International Joint Commission, up to $500,000 may remain
available until September 30, 2017, and $9,000 may be made available
for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $36,681,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East, $734,087,000:
Provided, That in addition to amounts otherwise available for such
purposes, up to $31,135,000 of the amount appropriated under this
heading may remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than $15,000,000 shall
be for Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000 may be
used for representation expenses, of which $10,000 may be used for such
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free Europe/
Radio Liberty: Provided further, That the authority provided by
section 504(c) of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 6206 note) shall remain in effect
through September 30, 2016: Provided further, That the BBG shall
notify the Committees on Appropriations within 15 days of any
determination by the Board that any of its broadcast entities,
including its grantee organizations, provides an open platform for
international terrorists or those who support international terrorism,
or is in violation of the principles and standards set forth in
subsections (a) and (b) of section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity's
journalistic code of ethics: Provided further, That significant
modifications to BBG broadcast hours previously justified to Congress,
including changes to transmission platforms (shortwave, medium wave,
satellite, Internet, and television), for all BBG language services
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in addition to
funds made available under this heading, and notwithstanding any other
provision of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000 in
receipts from privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall remain available until
expended for carrying out authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such
purposes, $4,800,000, to remain available until expended, as
authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until
expended.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $35,300,000, to remain available until September 30, 2017,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2016, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2016, to remain available until
expended: Provided, That none of the funds appropriated herein shall
be used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 2016, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act (22 U.S.C. 4412), $170,000,000, to remain available until
expended, of which $117,500,000 shall be allocated in the traditional
and customary manner, including for the core institutes, and
$52,500,000 shall be for democracy programs.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $676,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may
procure temporary, intermittent, and other services notwithstanding
paragraph (3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2016: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$3,500,000, to remain available until September 30, 2017, including not
more than $4,000 for representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $2,579,000,
including not more than $4,000 for representation expenses, to remain
available until September 30, 2017.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,000,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2017.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2017:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public Law 111-117)
shall continue in effect during fiscal year 2016 and shall apply to
funds appropriated under this heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,143,614,000, of which up to
$171,542,000 may remain available until September 30, 2017: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development (USAID), unless the
USAID Administrator has identified such proposed use of funds in a
report submitted to the Committees on Appropriations at least 15 days
prior to the obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds appropriated under
this heading may entail commitments for the expenditure of such funds
through the following fiscal year: Provided further, That the
authority of sections 610 and 109 of the Foreign Assistance Act of 1961
may be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of those
sections: Provided further, That of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID during the
current fiscal year.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $168,300,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available subject to the regular
notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $66,000,000, of which up to
$9,900,000 may remain available until September 30, 2017, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $2,833,450,000, to remain available until September 30, 2017,
and which shall be apportioned directly to the United States Agency for
International Development (USAID): Provided, That this amount shall be
made available for training, equipment, and technical assistance to
build the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; (6) disaster preparedness
training for health crises; and (7) family planning/reproductive
health: Provided further, That funds appropriated under this paragraph
may be made available for a United States contribution to the GAVI
Alliance: Provided further, That none of the funds made available in
this Act nor any unobligated balances from prior appropriations Acts
may be made available to any organization or program which, as
determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That any determination
made under the previous proviso must be made not later than 6 months
after the date of enactment of this Act, and must be accompanied by the
evidence and criteria utilized to make the determination: Provided
further, That none of the funds made available under this Act may be
used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person to practice abortions:
Provided further, That nothing in this paragraph shall be construed to
alter any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be used to
lobby for or against abortion: Provided further, That in order to
reduce reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any
such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the project
shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4)
of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,670,000,000, to remain
available until September 30, 2020, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), as
amended, for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (Global Fund), and shall be expended at
the minimum rate necessary to make timely payment for projects and
activities: Provided further, That the amount of such contribution
should be $1,350,000,000: Provided further, That section
202(d)(4)(A)(i) and (vi) of Public Law 108-25, as amended, shall be
applied with respect to such funds made available for fiscal years 2015
and 2016 by substituting ``2004'' for ``2009'': Provided further, That
up to 5 percent of the aggregate amount of funds made available to the
Global Fund in fiscal year 2016 may be made available to USAID for
technical assistance related to the activities of the Global Fund,
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this paragraph, up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $2,780,971,000, to remain
available until September 30, 2017.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $874,763,000, to
remain available until expended.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development
(USAID), pursuant to section 491 of the Foreign Assistance Act of 1961,
$30,000,000, to remain available until expended, to support transition
to democracy and long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful resolution of
conflict: Provided further, That the USAID Administrator shall submit
a report to the Committees on Appropriations at least 5 days prior to
beginning a new program of assistance: Provided further, That if the
Secretary of State determines that it is important to the national
interest of the United States to provide transition assistance in
excess of the amount appropriated under this heading, up to $15,000,000
of the funds appropriated by this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961 may be used for purposes
of this heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds made
available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to support programs and activities to prevent or
respond to emerging or unforeseen foreign challenges and complex crises
overseas, $10,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made available on
such terms and conditions as are appropriate and necessary for the
purposes of preventing or responding to such challenges and crises,
except that no funds shall be made available for lethal assistance or
to respond to natural disasters: Provided further, That funds
appropriated under this heading may be made available notwithstanding
any other provision of law, except sections 7007, 7008, and 7018 of
this Act and section 620M of the Foreign Assistance Act of 1961:
Provided further, That funds appropriated under this heading may be
used for administrative expenses, in addition to funds otherwise made
available for such purposes, except that such expenses may not exceed 5
percent of the funds appropriated under this heading: Provided
further, That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on
Appropriations, except that such notifications shall be transmitted at
least 5 days prior to the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development (USAID), as
authorized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $40,000,000 may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and under the
heading ``Assistance for Europe, Eurasia and Central Asia'': Provided,
That funds provided under this paragraph and funds provided as a gift
that are used for purposes of this paragraph pursuant to section 635(d)
of the Foreign Assistance Act of 1961 shall be made available only for
micro- and small enterprise programs, urban programs, and other
programs which further the purposes of part I of such Act: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, and funds used for such costs shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit Authority) of
the Foreign Assistance Act of 1961, as contained in section 306 of H.R.
1486 as reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan guarantees
provided under this heading, except that the principal amount of loans
made or guaranteed under this heading with respect to any single
country shall not exceed $300,000,000: Provided further, That these
funds are available to subsidize total loan principal, any portion of
which is to be guaranteed, of up to $1,500,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $8,120,000, which may be transferred
to, and merged with, funds made available under the heading ``Operating
Expenses'' in title II of this Act: Provided, That funds made
available under this heading shall remain available until September 30,
2018.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $1,896,315,000, to
remain available until September 30, 2017.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
$150,500,000, to remain available until September 30, 2017, of which
$88,500,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and Labor, Department of
State, and $62,000,000 shall be made available for the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $491,119,000, to remain available until September
30, 2017, which shall be available, notwithstanding any other provision
of law, except section 7070 of this Act, for assistance and related
programs for countries identified in section 3 of Public Law 102-511
and section 3(c) of Public Law 101-179, in addition to funds otherwise
available for such purposes: Provided, That funds appropriated by this
Act under the headings ``Global Health Programs'' and ``Economic
Support Fund'' that are made available for assistance for such
countries shall be administered in accordance with the responsibilities
of the coordinator designated pursuant to section 102 of Public Law
102-511 and section 601 of Public Law 101-179: Provided further, That
funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained
in that Act for the use of economic assistance.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $931,886,000, to remain available until expended, of which not
less than $35,000,000 shall be made available to respond to small-scale
emergency humanitarian requirements, and $10,000,000 shall be made
available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $50,000,000, to remain available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $410,000,000, of which $5,150,000 is
for the Office of Inspector General, to remain available until
September 30, 2017: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
section 16 of the Peace Corps Act (22 U.S.C. 2515), an amount not to
exceed $5,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made available
for Peace Corps overseas operations: Provided further, That of the
funds appropriated under this heading, not to exceed $104,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That any decision to open, close, significantly reduce, or suspend a
domestic or overseas office or country program shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations, except that prior consultation and
regular notification procedures may be waived when there is a
substantial security risk to volunteers or other Peace Corps personnel,
pursuant to section 7015(e) of this Act: Provided further, That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division E of Public Law 113-76 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$901,000,000, to remain available until expended: Provided, That of
the funds appropriated under this heading, up to $105,000,000 may be
available for administrative expenses of the Millennium Challenge
Corporation (the Corporation): Provided further, That up to 5 percent
of the funds appropriated under this heading may be made available to
carry out the purposes of section 616 of the MCA for fiscal year 2016:
Provided further, That section 605(e) of the MCA shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the MCA only
if such Compact obligates, or contains a commitment to obligate subject
to the availability of funds and the mutual agreement of the parties to
the Compact to proceed, the entire amount of the United States
Government funding anticipated for the duration of the Compact:
Provided further, That the Chief Executive Officer of the Corporation
shall notify the Committees on Appropriations not later than 15 days
prior to commencing negotiations for any country compact or threshold
country program; signing any such compact or threshold program; or
terminating or suspending any such compact or threshold program:
Provided further, That funds appropriated under this heading by this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are available to
implement section 609(g) of the MCA shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That no country should be eligible for a threshold program
after such country has completed a country compact: Provided further,
That any funds that are deobligated from a Millennium Challenge Compact
shall be subject to the regular notification procedures of the
Committees on Appropriations prior to re-obligation: Provided further,
That notwithstanding section 606(a)(2) of the MCA, a country shall be a
candidate country for purposes of eligibility for assistance for the
fiscal year if the country has a per capita income equal to or below
the World Bank's lower middle income country threshold for the fiscal
year and is among the 75 lowest per capita income countries as
identified by the World Bank; and the country meets the requirements of
section 606(a)(1)(B) of the MCA: Provided further, That
notwithstanding section 606(b)(1) of the MCA, in addition to countries
described in the preceding proviso, a country shall be a candidate
country for purposes of eligibility for assistance for the fiscal year
if the country has a per capita income equal to or below the World
Bank's lower middle income country threshold for the fiscal year and is
not among the 75 lowest per capita income countries as identified by
the World Bank; and the country meets the requirements of section
606(a)(1)(B) of the MCA: Provided further, That any Millennium
Challenge Corporation candidate country under section 606 of the MCA
with a per capita income that changes in the fiscal year such that the
country would be reclassified from a low income country to a lower
middle income country or from a lower middle income country to a low
income country shall retain its candidacy status in its former income
classification for the fiscal year and the 2 subsequent fiscal years:
Provided further, That publication in the Federal Register of a notice
of availability of a copy of a Compact on the Millennium Challenge
Corporation Web site shall be deemed to satisfy the requirements of
section 610(b)(2) of the MCA for such Compact: Provided further, That
none of the funds made available by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs shall be available for a threshold program in a
country that is not currently a candidate country: Provided further,
That the Comptroller General of the United States shall provide to the
appropriate congressional committees a review of authorities that may
allow the Millennium Challenge Corporation to obligate funds that are
unobligated from prior fiscal years for compacts in countries that are
not eligible for a compact in the current fiscal year: Provided
further, That such review shall include an assessment as set forth in
the explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act): Provided further, That
funds appropriated under this heading shall be used on a reimbursable
basis for such review: Provided further, That of the funds
appropriated under this heading, not to exceed $100,000 may be
available for representation and entertainment expenses, of which not
to exceed $5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2017: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533),
$30,000,000, to remain available until September 30, 2017, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act, in exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by up to
10 percent if the increase is due solely to foreign currency
fluctuation: Provided further, That the USADF shall submit a report to
the Committees on Appropriations after each time such waiver authority
is exercised: Provided further, That the USADF may make rent or lease
payments in advance from appropriations available for such purpose for
offices, buildings, grounds, and quarters in Africa as may be necessary
to carry out its functions: Provided further, That the USADF may
maintain bank accounts outside the United States Treasury and retain
any interest earned on such accounts, in furtherance of the purposes of
the African Foundation Development Act: Provided further, That the
USADF may not withdraw any appropriation from the Treasury prior to the
need of spending such funds for program purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $23,500,000, to remain available
until September 30, 2018, which shall be available notwithstanding any
other provision of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $894,821,000, to remain available until
September 30, 2017: Provided, That the provision of assistance by any
other United States Government department or agency which is comparable
to assistance that may be made available under this heading, but which
is provided under any other provision of law, should be provided only
with the concurrence of the Secretary of State and in accordance with
the provisions of sections 481(b) and 622(c) of the Foreign Assistance
Act of 1961: Provided further, That the Department of State may use
the authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property from an
agency of the United States Government for the purpose of providing
such property to a foreign country or international organization under
chapter 8 of part I of that Act, subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, and other judicial authorities, utilizing
regional partners: Provided further, That not less than $54,975,000 of
the funds appropriated under this heading shall be transferred to, and
merged with, funds appropriated by this Act under the heading
``Assistance for Europe, Eurasia and Central Asia'', which shall be
available for the same purposes as funds appropriated under this
heading: Provided further, That funds made available under this
heading that are transferred to another department, agency, or
instrumentality of the United States Government pursuant to section
632(b) of the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a) of such
Act, shall be subject to the regular notification procedures of the
Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $506,381,000, to remain
available until September 30, 2017, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance
Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the
Arms Export Control Act, or the Foreign Assistance Act of 1961 for
demining activities, the clearance of unexploded ordnance, the
destruction of small arms, and related activities, notwithstanding any
other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission, and for a
voluntary contribution to the International Atomic Energy Agency
(IAEA): Provided, That the Secretary of State shall inform the
appropriate congressional committees of information regarding any
separate arrangements relating to the ``Road-map for the Clarification
of Past and Present Outstanding Issues Regarding Iran's Nuclear
Program'' between the IAEA and the Islamic Republic of Iran, in
classified form if necessary, if such information becomes known to the
Department of State: Provided further, That for the clearance of
unexploded ordnance, the Secretary of State should prioritize those
areas where such ordnance was caused by the United States: Provided
further, That funds made available under this heading for the
Nonproliferation and Disarmament Fund shall be available
notwithstanding any other provision of law and subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament, and weapons
destruction, and shall remain available until expended: Provided
further, That such funds may also be used for such countries other than
the Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That funds appropriated
under this heading may be made available for the IAEA unless the
Secretary of State determines that Israel is being denied its right to
participate in the activities of that Agency: Provided further, That
funds made available under this heading for the Counterterrorism
Partnerships Fund shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds made available for conventional weapons destruction programs,
including demining and related activities, in addition to funds
otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of such programs and
activities, subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $131,361,000: Provided, That
funds appropriated under this heading may be used, notwithstanding
section 660 of such Act, to provide assistance to enhance the capacity
of foreign civilian security forces, including gendarmes, to
participate in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than $35,000,000 shall
be made available for a United States contribution to the Multinational
Force and Observers mission in the Sinai: Provided further, That none
of the funds appropriated under this heading shall be obligated except
as provided through the regular notification procedures of the
Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $108,115,000, of which up to
$4,000,000 may remain available until September 30, 2017: Provided,
That the civilian personnel for whom military education and training
may be provided under this heading may include civilians who are not
members of a government whose participation would contribute to
improved civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That of the funds
appropriated under this heading, not to exceed $55,000 may be available
for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,737,522,000: Provided, That to expedite the provision of assistance
to foreign countries and international organizations, the Secretary of
State, following consultation with the Committees on Appropriations and
subject to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign security
forces: Provided further, That of the funds appropriated under this
heading, not less than $3,100,000,000 shall be available for grants
only for Israel, and funds are available for assistance for Jordan and
Egypt subject to section 7041 of this Act: Provided further, That the
funds appropriated under this heading for assistance for Israel shall
be disbursed within 30 days of enactment of this Act: Provided
further, That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel under
this heading shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less than
$815,300,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That none of the funds made available
under this heading shall be made available to support or continue any
program initially funded under the authority of section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 119 Stat. 3456), or section 2282 of title 10, United States
Code, unless the Secretary of State, in coordination with the Secretary
of Defense, has justified such program to the Committees on
Appropriations: Provided further, That funds appropriated or otherwise
made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph (5)(C) of
section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services, or design and construction services that
are not sold by the United States Government under the Arms Export
Control Act: Provided further, That funds appropriated under this
heading shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That not
more than $75,000,000 of the funds appropriated under this heading may
be obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made available
under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation expenses: Provided further, That not more than
$904,000,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2016 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $339,000,000, of
which up to $10,000,000 may be made available for the Intergovernmental
Panel on Climate Change/United Nations Framework Convention on Climate
Change: Provided, That section 307(a) of the Foreign Assistance Act of
1961 shall not apply to contributions to the United Nations Democracy
Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $168,263,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,197,128,000, to remain available until
expended.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$186,957,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$2,928,990,899.
contribution to the clean technology fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Clean Technology Fund by the Secretary
of the Treasury, $170,680,000, to remain available until expended.
contribution to the strategic climate fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Strategic Climate Fund by the Secretary
of the Treasury, $49,900,000, to remain available until expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $102,020,448, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $4,098,794,833.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of increase
in capital stock, $5,608,435, to remain available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $104,977,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $34,118,027, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $175,668,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $31,930,000, to remain available
until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $43,000,000, to remain available until
expended.
contribution to the north american development bank
For payment to the North American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $10,000,000, to remain available until
expended.
limitation on callable capital subscriptions
The Secretary of the Treasury may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of such capital stock in an amount not to exceed $255,000,000.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $6,000,000, to remain available until September 30, 2017.
program account
The Export-Import Bank (the Bank) of the United States is
authorized to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying out the
program for the current fiscal year for such corporation: Provided,
That none of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other than a
nuclear-weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $106,250,000: Provided, That the Export-Import Bank (the Bank)
may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That the Bank
shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets acquired by
the Bank in satisfaction of moneys owed the Bank, or the investigation
or appraisal of any property, or the evaluation of the legal,
financial, or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment has been
made, or systems infrastructure directly supporting transactions:
Provided further, That in addition to other funds appropriated for
administrative expenses, such fees shall be credited to this account
for such purposes, to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945,
as amended, and the Federal Credit Reform Act of 1990, as amended, in
an amount not to exceed the amount appropriated herein, shall be
credited as offsetting collections to this account: Provided, That the
sums herein appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as to result
in a final fiscal year appropriation from the General Fund estimated at
$0: Provided further, That amounts collected in fiscal year 2016 in
excess of obligations, up to $10,000,000 shall become available on
September 1, 2016, and shall remain available until September 30, 2019.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by section 9104
of title 31, United States Code, such expenditures and commitments
within the limits of funds available to it and in accordance with law
as may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance programs
(including an amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed $62,787,000: Provided
further, That project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act of
1961, shall not be considered administrative expenses for the purposes
of this heading.
program account
For the cost of direct and guaranteed loans, $20,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2016, 2017, and 2018:
Provided further, That funds so obligated in fiscal year 2016 remain
available for disbursement through 2024; funds obligated in fiscal year
2017 remain available for disbursement through 2025; and funds
obligated in fiscal year 2018 remain available for disbursement through
2026: Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 in Iraq: Provided further, That
funds made available pursuant to the authority of the previous proviso
shall be subject to the regular notification procedures of the
Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $60,000,000, to remain available
until September 30, 2017: Provided, That of the amounts made available
under this heading, up to $2,500,000 may be made available to provide
comprehensive procurement advice to foreign governments to support
local procurements funded by the United States Agency for International
Development, the Millennium Challenge Corporation, and the Department
of State: Provided further, That of the funds appropriated under this
heading, not more than $5,000 may be available for representation and
entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2016 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section should specify by account the amount of funds obligated
pursuant to bilateral agreements which have not been further sub-
obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
Order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing.--Of funds provided
under title I of this Act, except as provided in subsection (b), a
project to construct a diplomatic facility of the United States may not
include office space or other accommodations for an employee of a
Federal agency or department if the Secretary of State determines that
such department or agency has not provided to the Department of State
the full amount of funding required by subsection (e) of section 604 of
the Secure Embassy Construction and Counterterrorism Act of 1999 (as
enacted into law by section 1000(a)(7) of Public Law 106-113 and
contained in appendix G of that Act; 113 Stat. 1501A-453), as amended
by section 629 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2005.
(b) Exception.--Notwithstanding the prohibition in subsection (a),
a project to construct a diplomatic facility of the United States may
include office space or other accommodations for members of the United
States Marine Corps.
(c) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2016 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note),
the Secretary of State, in consultation with the Director of the Office
of Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the Department of
State's contribution for this purpose.
(d) Consultation and Notification Requirements.--Funds appropriated
by this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs, which may be made
available for the acquisition of property or award of construction
contracts for overseas diplomatic facilities during fiscal year 2016,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection shall include
the information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in House Report 114-154: Provided
further, That any such notification for a new diplomatic facility
justified to the Committees on Appropriations in Appendix 1 of the
Congressional Budget Justification, Department of State, Diplomatic
Engagement, Fiscal Year 2016, or not previously justified to such
Committees, shall also include confirmation that the Department of
State has completed the requisite value engineering studies required
pursuant to OMB Circular A-131, Value Engineering December 31, 2013 and
the Bureau of Overseas Building Operations Policy and Procedure
Directive, P&PD, Cost 02: Value Engineering.
(e) Reports.--
(1) None of the funds appropriated under the heading ``Embassy
Security, Construction, and Maintenance'' in this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, made available through Federal
agency Capital Security Cost Sharing contributions and
reimbursements, or generated from the proceeds of real property
sales, other than from real property sales located in London,
United Kingdom, may be made available for site acquisition and
mitigation, planning, design, or construction of the New London
Embassy: Provided, That the reporting requirement contained in
section 7004(f)(2) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2012 (division I of Public
Law 112-74) shall remain in effect during fiscal year 2016.
(2) Within 45 days of enactment of this Act and every 4 months
thereafter until September 30, 2016, the Secretary of State shall
submit to the Committees on Appropriations a report on the new
Mexico City Embassy and Beirut Embassy projects: Provided, That
such report shall include, for each of the projects--
(A) cost projections;
(B) cost containment efforts;
(C) project schedule and actual project status;
(D) the impact of currency exchange rate fluctuations on
project costs;
(E) revenues derived from, or estimated to be derived from,
real property sales in Mexico City, Mexico for the embassy
project in Mexico City and in Beirut, Lebanon for the embassy
project in Beirut; and
(F) options for modifying the scope of the project in the
event that costs escalate above amounts justified to the
Committees on Appropriations in Appendix 1 of the Congressional
Budget Justification, Department of State Operations, Fiscal
Year 2015 for the Mexico City Embassy project, and in Appendix
1 of the Congressional Budget Justification, Department of
State, Diplomatic Engagement, Fiscal Year 2016 for the Beirut
Embassy project.
(f) Interim and Temporary Facilities Abroad.--
(1) Funds appropriated by this Act under the heading ``Embassy
Security, Construction, and Maintenance'' may be made available to
address security vulnerabilities at interim and temporary
facilities abroad, including physical security upgrades and local
guard staffing, except that the amount of funds made available for
such purposes from this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs shall be a minimum of $25,000,000: Provided, That the
uses of such funds should be the responsibility of the Assistant
Secretary of State for the Bureau of Diplomatic Security and
Foreign Missions, in consultation with the Director of the Bureau
of Overseas Buildings Operations: Provided further, That such
funds shall be subject to prior consultation with the Committees on
Appropriations.
(2) Notwithstanding any other provision of law, the opening,
closure, or any significant modification to an interim or temporary
diplomatic facility shall be subject to prior consultation with the
appropriate congressional committees and the regular notification
procedures of the Committees on Appropriations, except that such
consultation and notification may be waived if there is a security
risk to personnel.
(3) Not later than 60 days after enactment of this Act, the
Department of State shall document standard operating procedures
and best practices associated with the delivery, construction, and
protection of temporary structures in high threat and conflict
environments: Provided, That the Secretary of State shall inform
the Committees on Appropriations after completing such
documentation.
(g) Transfer Authority.--Funds appropriated under the heading
``Diplomatic and Consular Programs'', including for Worldwide Security
Protection, and under the heading ``Embassy Security, Construction, and
Maintenance'' in titles I and VIII of this Act may be transferred to,
and merged with, funds appropriated by such titles under such headings
if the Secretary of State determines and reports to the Committees on
Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board, or to
prevent or respond to security situations and requirements, following
consultation with, and subject to the regular notification procedures
of, such Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available under any other
provision of law.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 7015
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
local guard contracts
Sec. 7006. In evaluating proposals for local guard contracts, the
Secretary of State shall award contracts in accordance with section 136
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined by a
cost-technical tradeoff analysis (as described in Federal Acquisition
Regulation part 15.101), notwithstanding subsection (c)(3) of such
section: Provided, That the authority in this section shall apply to
any options for renewal that may be exercised under such contracts that
are awarded during the current fiscal year: Provided further, That the
Secretary shall notify the appropriate congressional committees at
least 15 days prior to making an award pursuant to this section for a
local guard and protective service contract for a United States
diplomatic facility not deemed ``high-risk, high-threat''.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of State under title
I of this Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent
by any such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation Expenses''.
(2) Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Broadcasting Board of Governors
under title I of this Act may be transferred between, and merged
with, such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by any such transfers.
(3) Any transfer pursuant to this subsection shall be treated
as a reprogramming of funds under section 7015 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
(b) Title VI Transfer Authorities.--Not to exceed 5 percent of any
appropriation other than for administrative expenses made available for
fiscal year 2016, for programs under title VI of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II through V
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant to
a transfer made by, or transfer authority provided in, this Act or
any other appropriations Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds appropriated
by this Act to carry out the purposes of the Foreign Assistance Act
of 1961 may be allocated or transferred to agencies of the United
States Government pursuant to the provisions of sections 109, 610,
and 632 of the Foreign Assistance Act of 1961.
(3) Any agreement entered into by the United States Agency for
International Development (USAID) or the Department of State with
any department, agency, or instrumentality of the United States
Government pursuant to section 632(b) of the Foreign Assistance Act
of 1961 valued in excess of $1,000,000 and any agreement made
pursuant to section 632(a) of such Act, with funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the headings
``Global Health Programs'', ``Development Assistance'', ``Economic
Support Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'' shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided, That the requirement
in the previous sentence shall not apply to agreements entered into
between USAID and the Department of State.
(d) Transfers Between Accounts.--None of the funds made available
under titles II through V of this Act may be obligated under an
appropriation account to which such funds were not appropriated, except
for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the Department of State or USAID and another
agency of the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Inspector General
(IG) for the agency receiving the transfer or allocation of such funds,
or other entity with audit responsibility if the receiving agency does
not have an IG, shall perform periodic program and financial audits of
the use of such funds and report to the Department of State or USAID,
as appropriate, upon completion of such audits: Provided, That such
audits shall be transmitted to the Committees on Appropriations by the
Department of State or USAID, as appropriate: Provided further, That
funds transferred under such authority may be made available for the
cost of such audits.
(f) Report.--Not later than 90 days after enactment of this Act,
the Secretary of State and the USAID Administrator shall each submit a
report to the Committees on Appropriations detailing all transfers to
another agency of the United States Government made pursuant to
sections 632(a) and 632(b) of the Foreign Assistance Act of 1961 with
funds provided in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of Public Law
113-235) as of the date of enactment of this Act: Provided, That such
reports shall include a list of each transfer made pursuant to such
sections with the respective funding level, appropriation account, and
the receiving agency.
prohibition on first-class travel
Sec. 7010. None of the funds made available in this Act may be
used for first-class travel by employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the headings ``Development Credit
Authority'' and ``Assistance for Europe, Eurasia and Central Asia''
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
for an additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the Secretary of State shall provide a report to the Committees on
Appropriations not later than October 30, 2016, detailing by account
and source year, the use of this authority during the previous fiscal
year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultations
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 2016 on funds
appropriated by this Act by a foreign government or entity against
United States assistance programs for which funds are appropriated by
this Act, either directly or through grantees, contractors, and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2017 and allocated for the
central government of such country and for the West Bank and Gaza
program to the extent that the Secretary of State certifies and reports
in writing to the Committees on Appropriations, not later than
September 30, 2017, that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each country or entity pursuant to subsection (b) shall be reprogrammed
for assistance for countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible manner.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity if the Secretary of State reports to the
Committees on Appropriations that--
(A) such country or entity does not assess taxes on United
States assistance or has an effective arrangement that is
providing substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the Committees on
Appropriations at least 15 days prior to exercising the authority
of this subsection with regard to any country or entity.
(f) Implementation.--The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section--
(1) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States and
the government of the country receiving assistance that describes
the privileges and immunities applicable to United States foreign
assistance for such country generally, or an individual agreement
between the Government of the United States and such government
that describes, among other things, the treatment for tax purposes
that will be accorded the United States assistance provided under
that agreement; and
(2) the term ``taxes and taxation'' shall include value added
taxes and customs duties but shall not include individual income
taxes assessed to local staff.
(h) Report.--The Secretary of State, in consultation with the heads
of other relevant departments or agencies, shall submit a report to the
Committees on Appropriations, not later than 90 days after the
enactment of this Act, detailing steps taken by such departments or
agencies to comply with the requirements of this section.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible
by operation of any provision of this or any other Act: Provided, That
any such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development (USAID)
that are specifically designated for particular programs or activities
by this or any other Act may be extended for an additional fiscal year
if the Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations
that the termination of assistance to a country or a significant change
in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(c) Other Acts.--Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I and II of
this Act, or in prior appropriations Acts to the agencies and
departments funded by this Act that remain available for obligation in
fiscal year 2016, or provided from any accounts in the Treasury of the
United States derived by the collection of fees or of currency reflows
or other offsetting collections, or made available by transfer, to the
agencies and departments funded by this Act, shall be available for
obligation to--
(1) create new programs;
(2) eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, or rename bureaus, centers, or
offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I and II of this Act, or provided under previous
appropriations Acts to the agency or department funded under titles I
and II of this Act that remain available for obligation in fiscal year
2016, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agency or
department funded under title I of this Act, shall be available for
obligation or expenditure for activities, programs, or projects through
a reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
and ``Peace Corps'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
activity, program, or project for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority: Provided further, That if subsequent to the notification of
assistance it becomes necessary to rely on notwithstanding authority,
the Committees on Appropriations should be informed at the earliest
opportunity and to the extent practicable.
(d) Notification of Transfer of Funds.--Notwithstanding any other
provision of law, with the exception of funds transferred to, and
merged with, funds appropriated under title I of this Act, funds
transferred by the Department of Defense to the Department of State and
the United States Agency for International Development for assistance
for foreign countries and international organizations, and funds made
available for programs previously authorized under section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163) or section 2282 of title 10, United States Code, shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to
the Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context
of the circumstances necessitating such waiver: Provided further, That
any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Bolivia, Burma,
Cambodia, Colombia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia,
Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico,
Pakistan, the Russian Federation, Somalia, South Sudan, Sri Lanka,
Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as
provided through the regular notification procedures of the Committees
on Appropriations.
(g) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further,
That such Committees shall also be informed of the original acquisition
cost of such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under titles I and III
through V of this Act, which are returned or not made available for
organizations and programs because of the implementation of section
307(a) of the Foreign Assistance Act of 1961 or section 7048(a) of this
Act, shall remain available for obligation until September 30, 2018:
Provided, That the requirement to withhold funds for programs in Burma
under section 307(a) of the Foreign Assistance Act of 1961 shall not
apply to funds appropriated by this Act.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available in the amounts specifically designated in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this Consolidated Act): Provided,
That such designated amounts for foreign countries and international
organizations shall serve as the amounts for such countries and
international organizations transmitted to the Congress in the report
required by section 653(a) of the Foreign Assistance Act of 1961 (FAA).
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, may only deviate
up to 5 percent from the amounts specifically designated in the
respective tables included in the explanatory statement described in
section 4 (in the matter preceding division A of this Consolidated
Act): Provided, That such percentage may be exceeded only to respond
to significant, exigent, or unforeseen events, or to address other
exceptional circumstances directly related to the national interest:
Provided further, That deviations pursuant to the previous proviso
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the FAA, no deviations authorized by subsection (b) may take
place until submission of such report.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department, agency, or
entity funded in titles I or II of this Act, and the Department of the
Treasury and independent agencies funded in titles III or VI of this
Act, shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official agency
business and United States foreign policy interests--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' may be obligated or
expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and musical
productions, and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or otherwise
made available by titles III through VI of this Act may be made
available to any foreign government which provides lethal military
equipment to a country the government of which the Secretary of
State has determined supports international terrorism for purposes
of section 6(j) of the Export Administration Act of 1979 as
continued in effect pursuant to the International Emergency
Economic Powers Act: Provided, That the prohibition under this
section with respect to a foreign government shall terminate 12
months after that government ceases to provide such military
equipment: Provided further, That this section applies with
respect to lethal military equipment provided under a contract
entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1) or
any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interests of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation of
the assistance to be provided, the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral assistance
in titles III through VI of this Act and funds appropriated under
any such title in prior Acts making appropriations for the
Department of State, foreign operations, and related programs,
shall not be made available to any foreign government which the
President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in the
Federal Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with the
regular notification procedures of the Committees on
Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672,
section 15 of the State Department Basic Authorities Act of 1956,
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ``Economic Support
Fund'' and ``Foreign Military Financing Program'', ``program, project,
and activity'' shall also be considered to include country, regional,
and central program level funding within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall
also be considered to include central, country, regional, and program
level funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations within
30 days of the enactment of this Act, as required by section 653(a)
of the Foreign Assistance Act of 1961.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the Overseas Private Investment Corporation
shall be obligated or expended to finance any loan, any assistance, or
any other financial commitments for establishing or expanding
production of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is expected to
become operative and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Export-Import
Bank if in the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the Committees on
Appropriations: Provided further, That this subsection shall not
prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible for
assistance from the International Bank for Reconstruction and
Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in developing
countries where such activities will not have a significant impact
on the export of agricultural commodities of the United States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible for
assistance from the International Bank for Reconstruction and
Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive directors of the
international financial institutions, as defined in section 7034(r)(3)
of this Act, to use the voice and vote of the United States to oppose
any assistance by such institutions, using funds appropriated or made
available by this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world markets
and if the assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the government
of a foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under agreements
which result in the generation of local currencies of that country,
the Administrator of the United States Agency for International
Development (USAID) shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated;
and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case may
be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all necessary
steps to ensure that the equivalent of the local currencies
disbursed pursuant to subsection (a)(2)(A) from the separate
account established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as the case may
be), any unencumbered balances of funds which remain in a separate
account established pursuant to subsection (a) shall be disposed of
for such purposes as may be agreed to by the government of that
country and the United States Government.
(5) Reporting requirement.--The USAID Administrator shall
report on an annual basis as part of the justification documents
submitted to the Committees on Appropriations on the use of local
currencies for the administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and such report
shall include the amount of local currency (and United States
dollar equivalent) used or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate
account and not commingle with any other funds.
(2) Applicability of other provisions of law.--Such funds may
be obligated and expended notwithstanding provisions of law which
are inconsistent with the nature of this assistance including
provisions which are referenced in the Joint Explanatory Statement
of the Committee of Conference accompanying House Joint Resolution
648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the President
shall submit a notification through the regular notification
procedures of the Committees on Appropriations, which shall include
a detailed description of how the funds proposed to be made
available will be used, with a discussion of the United States
interests that will be served by the assistance (including, as
appropriate, a description of the economic policy reforms that will
be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2016, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480): Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act
of 1961 or any comparable provision of law prohibiting assistance
to the government of a country that violates internationally
recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to
the United States Agency for International Development (USAID) may only
be made available for limited competitions through local entities if--
(1) prior to the determination to limit competition to local
entities, USAID has--
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included in such
competition; and
(B) documented the written results of the assessment and
decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined to be
responsible in accordance with USAID guidelines; and
(B) effective monitoring and evaluation systems are in
place to ensure that award funding is used for its intended
purposes; and
(3) no level of acceptable fraud is assumed.
(b) Reporting Requirement.--In addition to the requirements of
subsection (a)(1), the USAID Administrator shall report, on an annual
basis, to the appropriate congressional committees on all awards
subject to limited or no competition for local entities: Provided,
That such report should be posted on the USAID Web site: Provided
further, That the requirements of this subsection shall only apply to
awards in excess of $3,000,000 and sole source awards to local entities
in excess of $2,000,000.
(c) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2016, as amended by the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to seek to require that such
institution adopts and implements a publicly available policy,
including the strategic use of peer reviews and external experts, to
conduct independent, in-depth evaluations of the effectiveness of at
least 25 percent of all loans, grants, programs, and significant
analytical non-lending activities in advancing the institution's goals
of reducing poverty and promoting equitable economic growth, consistent
with relevant safeguards, to ensure that decisions to support such
loans, grants, programs, and activities are based on accurate data and
objective analysis: Provided, That not later than 180 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken by the United States
executive directors and the international financial institutions
consistent with this subsection.
(b) Safeguards.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Bank for
Reconstruction and Development and the International Development
Association to vote against any loan, grant, policy, or strategy if
such institution has adopted and is implementing any social or
environmental safeguard relevant to such loan, grant, policy, or
strategy that provides less protection than World Bank safeguards in
effect on September 30, 2015.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, or while any alternate
United States executive director to such institution is compensated by
the institution at a rate in excess of the rate provided for an
individual occupying a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to seek to require that such institution conducts rigorous
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution: Provided, That prior to voting on any such loan, grant,
policy, or strategy the executive director shall consult with the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, if the executive director has reason to believe that such
loan, grant, policy, or strategy could result in forced displacement or
other violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to promote in loan, grant, and other financing
agreements improvements in borrowing countries' financial management
and judicial capacity to investigate, prosecute, and punish fraud and
corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to seek to require that such
institution collects, verifies, and publishes, to the maximum extent
practicable, beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company, other
than a publicly listed company, that receives funds appropriated by
this Act that are provided as payment to such institution: Provided,
That not later than 180 days after enactment of this Act, the Secretary
shall submit a report to the Committees on Appropriations on steps
taken by the United States executive directors and the international
financial institutions consistent with this subsection.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to seek to require that each such institution is
effectively implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers from
retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven retaliation.
debt-for-development
Sec. 7030. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be made
available for direct government-to-government assistance only if--
(A)(i) each implementing agency or ministry to receive
assistance has been assessed and is considered to have the
systems required to manage such assistance and any identified
vulnerabilities or weaknesses of such agency or ministry have
been addressed;
(ii) the recipient agency or ministry employs and utilizes
staff with the necessary technical, financial, and management
capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are in
place to ensure that such assistance is used for its intended
purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is taking
steps to publicly disclose on an annual basis its national
budget, to include income and expenditures;
(B) the recipient government is in compliance with the
principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed or
controlled by an organization designated as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act;
(D) the Government of the United States and the government
of the recipient country have agreed, in writing, on clear and
achievable objectives for the use of such assistance, which
should be made available on a cost-reimbursable basis; and
(E) the recipient government is taking steps to protect the
rights of civil society, including freedoms of expression,
association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available for
direct government-to-government assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall contain an
explanation of how the proposed activity meets the requirements of
paragraph (1): Provided further, That the requirements of this
paragraph shall only apply to direct government-to-government
assistance in excess of $10,000,000 and all funds available for
cash transfer, budget support, and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the United
States Agency for International Development (USAID) or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or the
Secretary has credible information of material misuse of such
assistance, unless the Administrator or the Secretary reports to
the Committees on Appropriations that it is in the national
interest of the United States to continue such assistance,
including a justification, or that such misuse has been
appropriately addressed.
(4) Submission of information.--The Secretary of State shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2017 congressional budget justification materials,
amounts planned for assistance described in paragraph (1) by
country, proposed funding amount, source of funds, and type of
assistance.
(5) Report.--Not later than 90 days after the enactment of this
Act and 6 months thereafter until September 30, 2016, the USAID
Administrator shall submit to the Committees on Appropriations a
report that--
(A) details all assistance described in paragraph (1)
provided during the previous 6-month period by country, funding
amount, source of funds, and type of such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) Debt service payment prohibition.--None of the funds made
available by this Act may be used for any foreign country for debt
service payments owed by any country to any international financial
institution: Provided, That for purposes of this paragraph, the
term ``international financial institution'' has the meaning given
the term in section 7034(r)(3) of this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The Secretary
of State shall continue to update and strengthen the ``minimum
requirements of fiscal transparency'' for each government receiving
assistance appropriated by this Act, as identified in the report
required by section 7031(b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014 (division
K of Public Law 113-76).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements consistent
with those in subsection (a)(1), and the public disclosure of
national budget documentation (to include receipts and expenditures
by ministry) and government contracts and licenses for natural
resource extraction (to include bidding and concession allocation
practices).
(3) Determination and report.--For each government identified
pursuant to paragraph (1), the Secretary of State, not later than
180 days after enactment of this Act, shall make or update any
determination of ``significant progress'' or ``no significant
progress'' in meeting the minimum requirements of fiscal
transparency, and make such determinations publicly available in an
annual ``Fiscal Transparency Report'' to be posted on the
Department of State Web site: Provided, That the Secretary shall
identify the significant progress made by each such government to
publicly disclose national budget documentation, contracts, and
licenses which are additional to such information disclosed in
previous fiscal years, and include specific recommendations of
short- and long-term steps such government should take to improve
fiscal transparency: Provided further, That the annual report
shall include a detailed description of how funds appropriated by
this Act are being used to improve fiscal transparency, and
identify benchmarks for measuring progress.
(4) Assistance.--Funds appropriated under title III of this Act
shall be made available for programs and activities to assist
governments identified pursuant to paragraph (1) to improve budget
transparency and to support civil society organizations in such
countries that promote budget transparency: Provided, That such
sums shall be in addition to funds otherwise made available for
such purposes: Provided further, That a description of the uses of
such funds shall be included in the annual ``Fiscal Transparency
Report'' required by paragraph (3).
(c) Anti-Kleptocracy and Human Rights.--
(1)(A) Ineligibility.--Officials of foreign governments and
their immediate family members about whom the Secretary of State
has credible information have been involved in significant
corruption, including corruption related to the extraction of
natural resources, or a gross violation of human rights shall be
ineligible for entry into the United States.
(B) The Secretary may also publicly or privately designate or
identify officials of foreign governments and their immediate
family members about whom the Secretary has such credible
information without regard to whether the individual has applied
for a visa.
(2) Exception.--Individuals shall not be ineligible if entry
into the United States would further important United States law
enforcement objectives or is necessary to permit the United States
to fulfill its obligations under the United Nations Headquarters
Agreement: Provided, That nothing in paragraph (1) shall be
construed to derogate from United States Government obligations
under applicable international agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 6 months after enactment of this
Act, the Secretary of State shall submit a report, including a
classified annex if necessary, to the Committees on Appropriations
and the Committees on the Judiciary describing the information
related to corruption or violation of human rights concerning each
of the individuals found ineligible in the previous 12 months
pursuant to paragraph (1)(A) as well as the individuals who the
Secretary designated or identified pursuant to paragraph (1)(B), or
who would be ineligible but for the application of paragraph (2), a
list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the report
required under paragraph (4) shall be posted on the Department of
State Web site.
(6) Clarification.--For purposes of paragraphs (1)(B), (4), and
(5), the records of the Department of State and of diplomatic and
consular offices of the United States pertaining to the issuance or
refusal of visas or permits to enter the United States shall not be
considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be made
available to promote and support transparency and accountability of
expenditures and revenues related to the extraction of natural
resources, including by strengthening implementation and monitoring
of the Extractive Industries Transparency Initiative, implementing
and enforcing section 8204 of the Food, Conservation, and Energy
Act of 2008 (Public Law 110-246; 122 Stat. 2052) and to prevent the
sale of conflict diamonds, and provide technical assistance to
promote independent audit mechanisms and support civil society
participation in natural resource management.
(2) United states policy.--
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions, and
post on the Department of the Treasury Web site, that it is the
policy of the United States to vote against any assistance by
such institutions (including any loan, credit, grant, or
guarantee) to any country for the extraction and export of a
natural resource if the government of such country has in place
laws, regulations, or procedures to prevent or limit the public
disclosure of company payments as required by United States
law, and unless such government has adopted laws, regulations,
or procedures in the sector in which assistance is being
considered for--
(i) accurately accounting for and public disclosure of
payments to the host government by companies involved in
the extraction and export of natural resources;
(ii) the independent auditing of accounts receiving
such payments and public disclosure of the findings of such
audits; and
(iii) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or disclosure
for the redaction of, or exceptions for, information that
is commercially proprietary or that would create
competitive disadvantage.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of this subparagraph.
(e) Foreign Assistance Web Site.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the Department of State foreign assistance Web
site: Provided, That all Federal agencies funded under this Act shall
provide such information on foreign assistance, upon request, to the
Department of State.
democracy programs
Sec. 7032. (a) Funding.--
(1) Of the funds appropriated by this Act, not less than
$2,308,517,000 shall be made available for democracy programs.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $32,000,000 shall be made
available for the Near East Regional Democracy program.
(b) Authority.--Funds made available by this Act for democracy
programs may be made available notwithstanding any other provision of
law, and with regard to the National Endowment for Democracy (NED), any
regulation.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means
programs that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and religion,
human rights, labor rights, independent media, and the rule of law, and
that otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states, and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law, as
determined by the Secretary of State or the Administrator of the United
States Agency for International Development (USAID), as appropriate.
(e) Restriction on Prior Approval.--With respect to the provision
of assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country: Provided, That the
Secretary of State, in coordination with the USAID Administrator, shall
report to the Committees on Appropriations, not later than 120 days
after enactment of this Act, detailing steps taken by the Department of
State and USAID to comply with the requirements of this subsection.
(f) Program Design and Implementation.--
(1) Clarification of use.--Not later than 90 days after
enactment of this Act, the Secretary of State and USAID
Administrator, following consultation with democracy program
implementing partners, shall each establish guidelines for
clarifying program design and objectives for democracy programs,
including the uses of contracts versus grants and cooperative
agreements in the conduct of democracy programs carried out with
funds appropriated by this Act: Provided, That such guidelines,
which shall be made available to all relevant agency personnel,
shall be in accordance with--
(A) the Quadrennial Diplomacy and Development Review, 2015,
regarding the objectives of promoting resilient, open, and
democratic societies;
(B) the ADVANCE Democracy Act of 2007 (title XXI of Public
Law 110-53; 22 U.S.C. 8201 et seq.), including the foreign
policy objectives contained therein; and
(C) sections 6303 through 6305 of title 31, United States
Code, regarding the selection of contracts and assistance
instruments.
(2) Continuation of current practices.--USAID shall continue to
implement civil society and political competition and consensus
building programs abroad with funds appropriated by this Act in a
manner that recognizes the unique benefits of grants and
cooperative agreements in implementing such programs: Provided,
That nothing in this paragraph shall be construed to affect the
ability of any entity, including United States small businesses,
from competing for proposals for USAID-funded civil society and
political competition and consensus building programs.
(3) Report.--Not later than September 30, 2017, the Secretary
of State and USAID Administrator shall each submit to the
Committees on Appropriations a report detailing the use of
contracts, grants, and cooperative agreements in the conduct of
democracy programs with funds made available by the Department of
State, Foreign Operations, and Related Programs Act, 2015 (division
J of Public Law 113-235), which shall include funding level,
account, program sector and subsector, and a brief summary of
purpose.
(g) Strategic Reviews and Report.--
(1) Country strategies.--Prior to the obligation of funds made
available by this Act for Department of State and USAID democracy
programs for a nondemocratic or democratic transitioning country
for which a country strategy has been concluded after the date of
enactment of this Act, as required by section 2111(c)(1) of the
ADVANCE Democracy Act of 2007 (title XXI of Public Law 110-53; 22
U.S.C. 8211) or similar provision of law or regulation, the Under
Secretary for Civilian Security, Democracy and Human Rights,
Department of State, in consultation with the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of State, and
the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall review such strategy to
ensure that it includes--
(A) specific goals and objectives for such program,
including a specific plan and timeline to measure impacts;
(B) an assessment of the risks associated with the conduct
of such program to intended beneficiaries and implementers,
including steps to support and protect such individuals; and
(C) the funding requirements to initiate and sustain such
program in fiscal year 2016 and subsequent fiscal years, as
appropriate:
Provided, That for the purposes of this paragraph, the term
``nondemocratic or democratic transitioning country'' shall have
the same meaning as in section 2104(6) of Public Law 110-53.
(2) Report.--Not later than September 30, 2016, the Secretary
of State, in consultation with the USAID Administrator, shall
submit a report, including a classified annex if necessary, to the
appropriate congressional committees detailing the methodology and
guidelines established and implemented by the Department of State
and USAID, respectively, to carry out the requirements of this
subsection: Provided, That such report shall also include an
analysis of the political and social conditions in a nondemocratic
or democratic transitioning country that are a prerequisite for the
conduct of democracy programs.
(h) Consultation and Communication Requirements.--
(1) Country allocations.--The Deputy Secretary for Management
and Resources, Department of State, shall consult with the Under
Secretary for Civilian Security, Democracy and Human Rights,
Department of State, and the Assistant Administrator for Democracy,
Conflict, and Humanitarian Assistance, USAID, on the proposed
funding levels for democracy programs by country in the report
submitted to Congress pursuant to section 653(a) of the Foreign
Assistance Act of 1961.
(2) Informing the national endowment for democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for Democracy,
Conflict, and Humanitarian Assistance, USAID, shall regularly
inform the National Endowment for Democracy of democracy programs
that are planned and supported by funds made available by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
(3) Report on program changes.--The Secretary of State or the
USAID Administrator, as appropriate, shall report to the Committees
on Appropriations within 30 days of a decision to significantly
change the objectives or the content of a democracy program or to
close such a program due to the increasingly repressive nature of
the host country government: Provided, That the report shall also
include a strategy for continuing support for democracy promotion,
if such programming is feasible, and may be submitted in classified
form, if necessary.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and Special
Envoy to Promote Religious Freedom.--Funds appropriated by this Act
under the heading ``Diplomatic and Consular Programs'' shall be made
available for the Office of the Ambassador-at-Large for International
Religious Freedom and the Special Envoy to Promote Religious Freedom of
Religious Minorities in the Near East and South Central Asia, as
authorized in the Near East and South Central Asia Religious Freedom
Act of 2014 (Public Law 113-161), and including for support staff, at
not less than the amounts contained for such Office and Envoy in the
table under such heading in the explanatory statement described in
section 4 (in the matter preceding division A of this Consolidated
Act).
(b) Assistance.--
(1) International religious freedom programs.--Of the funds
appropriated by this Act under the heading ``Democracy Fund'' and
available for the Human Rights and Democracy Fund (HRDF), not less
than $10,000,000 shall be made available for international
religious freedom programs: Provided, That the Ambassador-at-Large
for International Religious Freedom shall consult with the
Committees on Appropriations on the uses of such funds.
(2) Protection and investigation programs.--Funds appropriated
by this Act under the heading ``Economic Support Fund'' shall be
made available for programs to protect vulnerable and persecuted
religious minorities: Provided, That a portion of such funds shall
be made available for programs to investigate the persecution of
such minorities by governments and non-state actors and for the
public dissemination of information collected on such persecution,
including on the Department of State Web site.
(3) Humanitarian programs.--Funds appropriated by this Act
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall be made available for
humanitarian assistance for vulnerable and persecuted religious
minorities.
(4) Responsibility of funds.--Funds made available by
paragraphs (1) and (2) shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials.
(c) International Broadcasting.--Funds appropriated by this Act
under the heading ``Broadcasting Board of Governors, International
Broadcasting Operations'' shall be made available for programs related
to international religious freedom, including reporting on the
condition of vulnerable and persecuted religious groups.
(d) Atrocities Prevention.--Not later than 90 days after enactment
of this Act, the Secretary of State, after consultation with the heads
of other United States Government agencies represented on the
Atrocities Prevention Board (APB) and representatives of human rights
organizations, as appropriate, shall submit to the appropriate
congressional committees an evaluation of the persecution of, including
attacks against, Christians and people of other religions in the Middle
East by violent Islamic extremists and the Muslim Rohingya people in
Burma by violent Buddhist extremists, including whether either
situation constitutes mass atrocities or genocide (as defined in
section 1091 of title 18, United States Code), and a detailed
description of any proposed atrocities prevention response recommended
by the APB: Provided, That such evaluation and response may include a
classified annex, if necessary.
(e) Designation of Non-State Actors.--The President shall,
concurrent with the annual foreign country review required by section
402(b)(1) of the International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)), review and identify any non-state actors in such countries
that have engaged in particularly severe violations of religious
freedom, and designate, in a manner consistent with such Act, each such
group as a non-state actor of particular concern for religious freedom
operating in such reviewed country or surrounding region: Provided,
That whenever the President designates such a non-state actor under
this subsection, the President shall, as soon as practicable after the
designation is made, submit a report to the appropriate congressional
committees detailing the reasons for such designation.
(f) Report.--Not later than September 30, 2016, the Secretary of
State, in consultation with the Chairman of the Broadcasting Board of
Governors and the Administrator of the United States Agency for
International Development, shall submit a report, including a
classified annex if necessary, to the appropriate congressional
committees detailing, by account, agency, and on a country-by-country
basis, funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs for the previous 2 fiscal years for international
religious freedom programs; protection and investigation programs
regarding vulnerable and persecuted religious minorities; humanitarian
and relief assistance for such minorities; and international
broadcasting regarding religious freedom.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of
such trafficking, may be made available notwithstanding any other
provision of law.
(b) Law Enforcement and Security.--
(1) Child soldiers.--Funds appropriated by this Act should not
be used to support any military training or operations that include
child soldiers.
(2) Crowd control items.--Funds appropriated by this Act should
not be used for tear gas, small arms, light weapons, ammunition, or
other items for crowd control purposes for foreign security forces
that use excessive force to repress peaceful expression,
association, or assembly in countries undergoing democratic
transition.
(3) Disarmament, demobilization, and reintegration.--Section
7034(d) of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law 113-
235) shall continue in effect during fiscal year 2016 as if part of
this Act.
(4) Forensic assistance.--
(A) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $4,000,000 shall be
made available for forensic anthropology assistance related to
the exhumation of mass graves and the identification of victims
of war crimes and crimes against humanity, of which not less
than $3,000,000 should be made available for such assistance in
Guatemala, Peru, Colombia, Iraq, and Sri Lanka, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State.
(B) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $4,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America.
(5) International prison conditions.--Section 7065 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235) shall
continue in effect during fiscal year 2016 as if part of this Act.
(6) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support for
regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(7) Security assistance report.--Not later than 120 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations a report on funds obligated and
expended during fiscal year 2015, by country and purpose of
assistance, under the headings ``Peacekeeping Operations'',
``International Military Education and Training'', and ``Foreign
Military Financing Program''.
(8) Leahy vetting report.--
(A) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees on foreign assistance cases submitted
for vetting for purposes of section 620M of the Foreign
Assistance Act of 1961 during the preceding fiscal year,
including:
(i) the total number of cases submitted, approved,
suspended, or rejected for human rights reasons; and
(ii) for cases rejected, a description of the steps
taken to assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice, in accordance with section 620M(c) of
the Foreign Assistance Act of 1961.
(B) The report required by this paragraph shall be
submitted in unclassified form, but may be accompanied by a
classified annex.
(9) Annual foreign military training report.--For the purposes
of implementing section 656 of the Foreign Assistance Act of 1961,
the term ``military training provided to foreign military personnel
by the Department of Defense and the Department of State'' shall be
deemed to include all military training provided by foreign
governments with funds appropriated to the Department of Defense or
the Department of State, except for training provided by the
government of a country designated by section 517(b) of such Act as
a major non-NATO ally.
(c) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development (USAID), from this or any other Act, may
be made available as a general contribution to the World Food
Programme, notwithstanding any other provision of law.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent States
of the Former Soviet Union as authorized by the Soviet-Eastern
European Research and Training Act of 1983 (22 U.S.C. 4501 et
seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' may be made available as contributions to establish
and maintain memorial sites of genocide, subject to the regular
notification procedures of the Committees on Appropriations.
(3) Additional authorities.--Of the amounts made available by
title I of this Act under the heading ``Diplomatic and Consular
Programs'', up to $500,000 may be made available for grants
pursuant to section 504 of Public Law 95-426 (22 U.S.C. 2656d),
including to facilitate collaboration with indigenous communities.
(4) Extension of legal protection.--No conviction issued by the
Cairo Criminal Court on June 4, 2013, in ``Public Prosecution Case
No. 1110 for the Year 2012'', against a citizen or national of the
United States or an alien lawfully admitted for permanent residence
in the United States, shall be considered a conviction for the
purposes of United States law or for any activity undertaken within
the jurisdiction of the United States during fiscal year 2016 and
any fiscal year thereafter.
(5) Modification of life insurance supplemental applicable to
those killed in terrorist attacks.--
(A) Section 415(a)(1) of the Foreign Service Act of 1980
(22 U.S.C. 3975(a)(1)) is amended by striking ``a payment from
the United States in an amount that, when added to the amount
of the employee's employer-provided group life insurance policy
coverage (if any), equals $400,000'' and inserting ``a special
payment of $400,000, which shall be in addition to any employer
provided life insurance policy coverage''.
(B) The insurance benefit under section 415 of the Foreign
Service Act of 1980 (22 U.S.C. 3975), as amended by
subparagraph (A), shall be applicable to eligible employees who
die as a result of injuries sustained while on duty abroad
because of an act of terrorism, as defined in section 140(d) of
the Foreign Relations Authorization Act, Fiscal Years 1998 and
1999 (22 U.S.C. 2656f(d)), anytime on or after April 18, 1983.
(6) Authority.--The Administrator of the United States Agency
for International Development may use funds appropriated by this
Act under title III to make innovation incentive awards: Provided,
That each individual award may not exceed $100,000: Provided
further, That no more than 10 such awards may be made during fiscal
year 2016: Provided further, That for purposes of this paragraph
the term ``innovation incentive award'' means the provision of
funding on a competitive basis that--
(A) encourages and rewards the development of solutions for
a particular, well-defined problem related to the alleviation
of poverty; or
(B) helps identify and promote a broad range of ideas and
practices facilitating further development of an idea or
practice by third parties.
(e) Partner Vetting.--Funds appropriated by this Act or in titles I
through IV of prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be used by the
Secretary of State and the USAID Administrator, as appropriate, to
support the continued implementation of the Partner Vetting System
(PVS) pilot program: Provided, That the Secretary of State and the
USAID Administrator shall inform the Committees on Appropriations, at
least 30 days prior to completion of the pilot program, on the criteria
for evaluating such program, including for possible expansion:
Provided further, That not later than 180 days after completion of the
pilot program, the Secretary and USAID Administrator shall jointly
submit a report to the Committees on Appropriations, in classified form
if necessary, detailing the findings, conclusions, and any
recommendations for expansion of such program: Provided further, That
not less than 30 days prior to the implementation of any
recommendations for expanding the PVS pilot program the Secretary of
State and USAID Administrator shall consult with the Committees on
Appropriations and with representatives of agency implementing partners
on the findings, conclusions, and recommendations in such report, as
appropriate.
(f) Contingencies.--During fiscal year 2016, the President may use
up to $125,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(g) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking
appropriate steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(h) Report Repealed.--Section 616(c) of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999 (division A of Public Law 105-277) is hereby
repealed.
(i) Transfers for Extraordinary Protection.--The Secretary of State
may transfer to, and merge with, funds under the heading ``Protection
of Foreign Missions and Officials'' unobligated balances of expired
funds appropriated under the heading ``Diplomatic and Consular
Programs'' for fiscal year 2016, except for funds designated for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, at no later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred.
(j) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--Section 7034(k) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue in effect during
fiscal year 2016 as if part of this Act.
(k) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting
``September 30, 2016'' for ``September 30, 2010''.
(2) Accountability review boards.--The authority provided by
section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in
effect for facilities in Afghanistan through September 30, 2016,
except that the notification and reporting requirements contained
in such section shall include the Committees on Appropriations.
(3) Incentives for critical posts.--The authority contained in
section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September 30,
2016.
(4) Foreign service officer annuitant waiver.--Section 824(g)
of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) shall be
applied by substituting ``September 30, 2016'' for ``October 1,
2010'' in paragraph (2).
(5) Department of state civil service annuitant waiver.--
Section 61(a) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2733(a)) shall be applied by substituting ``September
30, 2016'' for ``October 1, 2010'' in paragraph (2).
(6) USAID civil service annuitant waiver.--Section 625(j)(1) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be
applied by substituting ``September 30, 2016'' for ``October 1,
2010'' in subparagraph (B).
(7) Overseas pay comparability and limitation.--
(A) Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1904)
shall remain in effect through September 30, 2016.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009) a locality-based comparability payment (stated as a
percentage) that exceeds two-thirds of the amount of the
locality-based comparability payment (stated as a percentage)
that would be payable to such member under section 5304 of
title 5, United States Code, if such member's official duty
station were in the District of Columbia.
(8) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2015'' and
inserting ``2015, and 2016''; and
(ii) in subsection (e), by striking ``2015'' each place
it appears and inserting ``2016''; and
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2015'' and inserting ``2016''.
(9) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations Act,
2010 (Public Law 111-212) shall remain in effect through September
30, 2016.
(10) Extension of loan guarantees to israel.--Chapter 5 of
title I of the Emergency Wartime Supplemental Appropriations Act,
2003 (Public Law 108-11; 117 Stat. 576) is amended under the
heading ``Loan Guarantees to Israel''--
(A) in the matter preceding the first proviso, by striking
``September 30, 2015'' and inserting ``September 30, 2019'';
and
(B) in the second proviso, by striking ``September 30,
2015'' and inserting ``September 30, 2019''.
(11) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
is amended by striking ``more than 11 years after the date of
enactment of this Act'' and inserting ``after September 30,
2017''.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and
2015'' and inserting ``2015, 2016, and 2017''.
(12) United states advisory commission on public diplomacy.--
Section 1334 of the Foreign Affairs Reform and Restructuring Act of
1998 (22 U.S.C. 6553) shall be applied by substituting ``September
30, 2016'' for ``October 1, 2015''.
(l) Department of State Working Capital Fund.--Funds appropriated
by this Act or otherwise made available to the Department of State for
payments to the Working Capital Fund may only be used for the service
centers included in Appendix 1 of the Congressional Budget
Justification, Department of State, Diplomatic Engagement, Fiscal Year
2016: Provided, That the amounts for such service centers shall be the
amounts included in such budget except as provided in section 7015(b)
of this Act: Provided further, That Federal agency components shall be
charged only for their direct usage of each Working Capital Fund
service: Provided further, That Federal agency components may only pay
for Working Capital Fund services that are consistent with the
component's purpose and authorities: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service.
(m) Humanitarian Assistance.--Funds appropriated by this Act that
are available for monitoring and evaluation of assistance under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall, as appropriate, be made available for the
regular collection of feedback obtained directly from beneficiaries on
the quality and relevance of such assistance: Provided, That the
Department of State and USAID shall conduct regular oversight to ensure
that such feedback is collected and used by implementing partners to
maximize the cost-effectiveness and utility of such assistance, and
require such partners that receive funds under such headings to
establish procedures for collecting and responding to such feedback.
(n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-477) may be made available for
pharmaceuticals and other products for child survival, malaria, and
tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2005 (Public Law 108-477) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds deposited
for such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall
include in the congressional budget justification an accounting of
budgetary resources, disbursements, balances, and reimbursements
related to such fund.
(o) Loan Guarantees and Enterprise Funds.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia and
Central Asia'' by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs
may be made available for the costs, as defined in section 502 of
the Congressional Budget Act of 1974, of loan guarantees for
Jordan, Ukraine, and Tunisia, which are authorized to be provided:
Provided, That amounts made available under this paragraph for the
costs of such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country.
(2) Enterprise funds.--Funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available to
establish and operate one or more enterprise funds for Egypt and
Tunisia: Provided, That the first, third and fifth provisos under
section 7041(b) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2012 (division I of Public Law
112-74) shall apply to funds appropriated by this Act under the
heading ``Economic Support Fund'' for an enterprise fund or funds
to the same extent and in the same manner as such provision of law
applied to funds made available under such section (except that the
clause excluding subsection (d)(3) of section 201 of the SEED Act
shall not apply): Provided further, That in addition to the
previous proviso, the authorities in the matter preceding the first
proviso of such section may apply to any such enterprise fund or
funds: Provided further, That the authority of any such enterprise
fund or funds to provide assistance shall cease to be effective on
December 31, 2026.
(3) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with the
appropriate congressional committees, and subject to the regular
notification procedures of the Committees on Appropriations.
(p) Assessment of Indirect Costs.--Not later than 90 days after
enactment of this Act and following consultation with the Committees on
Appropriations, the Secretary of State and the Administrator of the
United States Agency for International Development (USAID) shall submit
to such Committees an assessment of the effectiveness of current
policies and procedures in ensuring that payments for indirect costs,
including for negotiated indirect cost rate agreements (NICRA), are
reasonable and comply with the Federal Acquisition Regulations (FAR),
as applicable, and title 2, part 200 of the Code of Federal Regulations
(CFR); an assessment of potential benefits of setting a cap on such
indirect costs to ensure the cost-effective use of appropriated funds;
a plan to revise such policies and procedures to strengthen compliance
with the FAR and CFR and ensure that indirect costs are reasonable; and
a timeline for implementing such plan.
(q) Small Grants and Entities.--
(1) Of the funds appropriated by this Act under the headings
``Development Assistance'' and ``Economic Support Fund'', not less
than $45,000,000 shall be made available for the Small Grants
Program pursuant to section 7080 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235), as amended by this Act, which
may remain available until September 30, 2020.
(2) Not later than 45 days after enactment of this Act, the
Administrator of the United States Agency for International
Development (USAID) shall post on the USAID Web site detailed
information describing the process by which small nongovernmental
organizations, educational institutions, and other small entities
seeking funding from USAID for unsolicited proposals through
grants, cooperative agreements, and other assistance mechanisms and
agreements, can apply for such funding: Provided, That the USAID
Administrator should ensure that each bureau, office, and overseas
mission has authority to approve, and sufficient funds to
implement, such grants or other agreements that meet appropriate
criteria for unsolicited proposals.
(3) Section 7080 of Public Law 113-235 is amended as follows:
(A) in subsections (b) and (c), strike ``Grants'', and
insert ``Awards'';
(B) in subsection (c)(1), delete ``or'' after
``proposals;'';
(C) in subsection (c)(2) delete the period after
``process'', and insert ``; or'';
(D) after subsection (c)(2), insert ``(3) as otherwise
allowable under Federal Acquisition Regulations and USAID
procurement policies.''; and
(E) in subsection (e)(3), strike ``12'', and insert ``20'',
and strike ``administrative and oversight expenses associated
with managing'' and insert ``administrative expenses, and other
necessary support associated with managing and strengthening''.
(4) For the purposes of section 7080 of Public Law 113-235,
``eligible entities'' shall be defined as small local,
international, and United States-based nongovernmental
organizations, educational institutions, and other small entities
that have received less than a total of $5,000,000 in USAID funding
over the previous five years: Provided, That departments or
centers of such educational institutions may be considered
individually in determining such eligibility.
(r) Definitions.--
(1) Unless otherwise defined in this Act, for purposes of this
Act the term ``appropriate congressional committees'' shall mean
the Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign Affairs of
the House of Representatives.
(2) Unless otherwise defined in this Act, for purposes of this
Act the term ``funds appropriated in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs'' shall mean funds that remain available for
obligation, and have not expired.
(3) For the purposes of this Act ``international financial
institutions'' shall mean the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American Development
Bank, the International Monetary Fund, the Asian Development Bank,
the Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the European Bank
for Reconstruction and Development, the African Development Bank,
the African Development Fund, and the Multilateral Investment
Guarantee Agency.
(4) Any reference to Southern Kordofan in this or any other Act
making appropriations for the Department of State, foreign
operations, and related programs shall be deemed to include
portions of Western Kordofan that were previously part of Southern
Kordofan prior to the 2013 division of Southern Kordofan.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel, is
an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably reinstated
in 1997, should be immediately and publicly terminated, and the
Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue to
vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage Arab
League states to normalize their relations with Israel to bring
about the termination of the Arab League boycott of Israel,
including those to encourage allies and trading partners of the
United States to enact laws prohibiting businesses from complying
with the boycott and penalizing businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a new
Palestinian state) is working with other countries in the region to
vigorously pursue efforts to establish a just, lasting, and
comprehensive peace in the Middle East that will enable Israel and
an independent Palestinian state to exist within the context of
full and normal relationships, which should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment
of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and
Jericho or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States and
officials of the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United States
Government business with such authority should continue to take place
in locations other than Jerusalem: Provided further, That as has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in the
Palestinian Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2016, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for assistance
under the West Bank and Gaza Program may be made available for the
purpose of recognizing or otherwise honoring individuals who
commit, or have committed acts of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds made
available by this or prior appropriations Acts, including funds
made available by transfer, may be made available for obligation
for security assistance for the West Bank and Gaza until the
Secretary of State reports to the Committees on Appropriations on
the benchmarks that have been established for security assistance
for the West Bank and Gaza and reports on the extent of Palestinian
compliance with such benchmarks.
(d) Audits by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-Federal
audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure, among
other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000 may be
used by the Office of Inspector General of the United States Agency
for International Development for audits, inspections, and other
activities in furtherance of the requirements of this subsection:
Provided, That such funds are in addition to funds otherwise
available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2016 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
(g) Report.--Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter
2 of title II of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13).
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI of
this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas is
a member, or that results from an agreement with Hamas and over
which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assistance
may be provided to a power-sharing government only if the President
certifies and reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent, has
publicly accepted and is complying with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended.
(3) The President may exercise the authority in section 620K(e)
of the Foreign Assistance Act of 1961, as added by the Palestinian
Anti-Terrorism Act of 2006 (Public Law 109-446) with respect to
this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the certification
and every quarter thereafter on whether such government, including
all of its ministers or such equivalent are continuing to comply
with the principles contained in section 620K(b)(1) (A) and (B) of
the Foreign Assistance Act of 1961, as amended: Provided, That the
report shall also detail the amount, purposes and delivery
mechanisms for any assistance provided pursuant to the
abovementioned certification and a full accounting of any direct
support of such government.
(5) None of the funds appropriated under titles III through VI
of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this Act
that are available for assistance for Egypt may be made available
notwithstanding any other provision of law restricting assistance
for Egypt, except for this subsection and section 620M of the
Foreign Assistance Act of 1961, and may only be made available for
assistance for the Government of Egypt if the Secretary of State
certifies and reports to the Committees on Appropriations that such
government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', up to $150,000,000 may
be made available for assistance for Egypt, of which not less
than $35,000,000 should be made available for higher education
programs including not less than $10,000,000 for scholarships
at not-for-profit institutions for Egyptian students with high
financial need: Provided, That such funds may be made
available for democracy programs and for development programs
in the Sinai: Provided further, That such funds may not be
made available for cash transfer assistance or budget support
unless the Secretary of State certifies and reports to the
appropriate congressional committees that the Government of
Egypt is taking consistent and effective steps to stabilize the
economy and implement market-based economic reforms.
(B) Withholding.--The Secretary of State shall withhold
from obligation funds appropriated by this Act under the
heading ``Economic Support Fund'' for assistance for Egypt, an
amount of such funds that the Secretary determines to be
equivalent to that expended by the United States Government for
bail, and by nongovernmental organizations for legal and court
fees, associated with democracy-related trials in Egypt until
the Secretary certifies and reports to the Committees on
Appropriations that the Government of Egypt has dismissed the
convictions issued by the Cairo Criminal Court on June 4, 2013,
in ``Public Prosecution Case No. 1110 for the Year 2012''.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'',
$1,300,000,000, to remain available until September 30, 2017,
may be made available for assistance for Egypt: Provided, That
15 percent of such funds shall be withheld from obligation
until the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Egypt is
taking effective steps to--
(i) advance democracy and human rights in Egypt,
including to govern democratically and protect religious
minorities and the rights of women, which are in addition
to steps taken during the previous calendar year for such
purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly, including
the ability of civil society organizations and the media to
function without interference;
(iii) release political prisoners and provide detainees
with due process of law;
(iv) hold Egyptian security forces accountable,
including officers credibly alleged to have violated human
rights; and
(v) provide regular access for United States officials
to monitor such assistance in areas where the assistance is
used:
Provided further, That such funds may be transferred to an
interest bearing account in the Federal Reserve Bank of New
York, following consultation with the Committees on
Appropriations: Provided further, That the certification
requirement of this paragraph shall not apply to funds
appropriated by this Act under such heading for
counterterrorism, border security, and nonproliferation
programs for Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the Secretary
determines and reports to the Committees on Appropriations that
to do so is important to the national security interest of the
United States, and submits a report to such Committees
containing a detailed justification for the use of such waiver
and the reasons why any of the requirements of subparagraph (A)
cannot be met.
(4) Oversight and consultation requirements.--
(A) The Secretary of State shall take all practicable steps
to ensure that mechanisms are in place for monitoring,
oversight, and control of funds made available by this
subsection for assistance for Egypt.
(B) Not later than 90 days after enactment of this Act, the
Secretary shall consult with the Committees on Appropriations
on any plan to restructure military assistance for Egypt.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the headings
``Diplomatic and Consular Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be used by the Secretary of State--
(A) to support the United States policy to prevent Iran
from achieving the capability to produce or otherwise obtain a
nuclear weapon;
(B) to support an expeditious response to any violation of
the Joint Comprehensive Plan of Action or United Nations
Security Council Resolution 2231;
(C) to support the implementation and enforcement of
sanctions against Iran for support of terrorism, human rights
abuses, and ballistic missile and weapons proliferation; and
(D) for democracy programs for Iran, to be administered by
the Assistant Secretary for Near Eastern Affairs, Department of
State, in consultation with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State.
(2) Continuation of prohibition.--The terms and conditions of
paragraph (2) of section 7041(c) in division I of Public Law 112-74
shall continue in effect during fiscal year 2016 as if part of this
Act.
(3) Reports.--
(A) The Secretary of State shall submit to the Committees
on Appropriations the semi-annual report required by section 2
of the Iran Nuclear Agreement Review Act of 2015 (42 U.S.C.
2160e(d)(4)).
(B) Not later than 180 days after the date of enactment of
this Act, the Secretary of State, in consultation with the
Secretary of the Treasury, shall submit to the appropriate
congressional committees a report on the status of the
implementation and enforcement of bilateral United States and
multilateral sanctions against Iran and actions taken by the
United States and the international community to enforce such
sanctions against Iran: Provided, That the report shall also
include any entities involved in the testing of a ballistic
missile by the Government of Iran after October 1, 2015, and
note whether such entities are currently under United States
sanctions: Provided further, That such report shall be
submitted in an unclassified form, but may contain a classified
annex if necessary.
(c) Iraq.--
(1) Purposes.--Funds appropriated by this Act shall be made
available for assistance for Iraq to promote governance, security,
and internal and regional stability, including in Kurdistan and
other areas impacted by the conflict in Syria, and among religious
and ethnic minority populations in Iraq.
(2) Limitation.--None of the funds appropriated by this Act may
be made available for construction, rehabilitation, or other
improvements to United States diplomatic facilities in Iraq on
property for which no land-use agreement has been entered into by
the Governments of the United States and Iraq: Provided, That the
restrictions in this paragraph shall not apply if such funds are
necessary to protect United States diplomatic facilities or the
security, health, and welfare of United States personnel.
(3) Kurdistan regional governments security services.--Funds
appropriated by this Act under the headings ``International
Narcotics Control and Law Enforcement'' and ``Foreign Military
Financing Program'' that are available for assistance for Iraq
should be made available to enhance the capacity of Kurdistan
Regional Government security services and for security programs in
Kurdistan to address requirements arising from the violence in
Syria and Iraq: Provided, That the Secretary of State shall
consult with the Committees on Appropriations prior to obligating
such funds.
(4) Basing rights agreement.--None of the funds appropriated or
otherwise made available by this Act may be used by the Government
of the United States to enter into a permanent basing rights
agreement between the United States and Iraq.
(d) Jordan.--
(1) Funding levels.--Of the funds appropriated by this Act
under titles III and IV, not less than $1,275,000,000 shall be made
available for assistance for Jordan, of which not less than
$204,000,000 shall be for budget support for the Government of
Jordan and $100,000,000 shall be for water sector support:
Provided, That such assistance for water sector support shall be
subject to prior consultation with the Committees on
Appropriations.
(2) Response to the syrian crisis.--Funds appropriated by this
Act shall be made available for programs to implement the Jordan
Response Plan 2015 for the Syria Crisis, including assistance for
host communities in Jordan: Provided, That not later than 180 days
after enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations describing United States
and other donor contributions to such Plan.
(e) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act may
be made available for the Lebanese Internal Security Forces (ISF)
or the Lebanese Armed Forces (LAF) if the ISF or the LAF is
controlled by a foreign terrorist organization, as designated
pursuant to section 219 of the Immigration and Nationality Act.
(2) Consultation requirement.--Funds appropriated by this Act
under the headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' that are
available for assistance for Lebanon may be made available for
programs and equipment for the ISF and the LAF to address security
and stability requirements in areas affected by the conflict in
Syria, following consultation with the appropriate congressional
committees.
(3) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are available for
assistance for Lebanon may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(4) Foreign military financing program.--In addition to the
activities described in paragraph (2), funds appropriated by this
Act under the heading ``Foreign Military Financing Program'' for
assistance for Lebanon may be made available only to
professionalize the LAF and to strengthen border security and
combat terrorism, including training and equipping the LAF to
secure Lebanon's borders, interdicting arms shipments, preventing
the use of Lebanon as a safe haven for terrorist groups, and to
implement United Nations Security Council Resolution 1701:
Provided, That funds may not be obligated for assistance for the
LAF until the Secretary of State submits to the Committees on
Appropriations a detailed spend plan, including actions to be taken
to ensure equipment provided to the LAF is only used for the
intended purposes, except such plan may not be considered as
meeting the notification requirements under section 7015 of this
Act or under section 634A of the Foreign Assistance Act of 1961,
and shall be submitted not later than September 1, 2016: Provided
further, That any notification submitted pursuant to such sections
shall include any funds specifically intended for lethal military
equipment.
(f) Libya.--
(1) Funding.--Of the funds appropriated by titles III and IV of
this Act, not less than $20,000,000 shall be made available for
assistance for Libya for programs to strengthen governing
institutions and civil society, improve border security, and
promote democracy and stability in Libya, and for activities to
address the humanitarian needs of the people of Libya.
(2) Limitations.--
(A) Cooperation on the september 2012 attack on united
states personnel and facilities.--None of the funds
appropriated by this Act may be made available for assistance
for the central Government of Libya unless the Secretary of
State reports to the Committees on Appropriations that such
government is cooperating with United States Government efforts
to investigate and bring to justice those responsible for the
attack on United States personnel and facilities in Benghazi,
Libya in September 2012: Provided, That the limitation in this
paragraph shall not apply to funds made available for the
purpose of protecting United States Government personnel or
facilities.
(B) Infrastructure projects.--The limitation on the uses of
funds in section 7041(f)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76) shall apply to funds
appropriated by this Act that are made available for assistance
for Libya.
(3) Certification requirement.--Prior to the initial obligation
of funds made available by this Act for assistance for Libya, the
Secretary of State shall certify and report to the Committees on
Appropriations that all practicable steps have been taken to ensure
that mechanisms are in place for monitoring, oversight, and control
of funds made available by this subsection for assistance for
Libya, including a description of the vetting procedures to be used
for recipients of assistance made available under title IV of this
Act.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara: Provided, That not later
than 90 days after enactment of this Act and prior to the
obligation of such funds the Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development, shall consult with the Committees on
Appropriations on the proposed uses of such funds.
(2) Foreign military financing program.--Funds appropriated by
this Act under the heading ``Foreign Military Financing Program''
that are available for assistance for Morocco may only be used for
the purposes requested in the Congressional Budget Justification,
Foreign Operations, Fiscal Year 2016.
(h) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Peacekeeping
Operations'' shall be made available, notwithstanding any other
provision of law except for this subsection, for non-lethal
assistance for programs to address the needs of civilians affected
by conflict in Syria, and for programs that seek to--
(A) establish governance in Syria that is representative,
inclusive, and accountable;
(B) expand the role of women in negotiations to end the
violence and in any political transition in Syria;
(C) develop and implement political processes that are
democratic, transparent, and adhere to the rule of law;
(D) further the legitimacy of the Syrian opposition through
cross-border programs;
(E) develop civil society and an independent media in
Syria;
(F) promote economic development in Syria;
(G) document, investigate, and prosecute human rights
violations in Syria, including through transitional justice
programs and support for nongovernmental organizations;
(H) counter extremist ideologies;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher
education requirements at regional academic institutions; and
(J) assist vulnerable populations in Syria and in
neighboring countries.
(2) Syrian organizations.--Funds appropriated by this Act that
are made available for assistance for Syria pursuant to the
authority of this subsection shall be made available, on an open
and competitive basis, for a program to strengthen the capability
of Syrian civil society organizations to address the immediate and
long-term needs of the Syrian people inside Syria in a manner that
supports the sustainability of such organizations in implementing
Syrian-led humanitarian and development programs and the
comprehensive strategy required in section 7041(i)(3) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(3) Strategy update.--Funds appropriated by this Act that are
made available for assistance for Syria pursuant to the authority
of this subsection may only be made available after the Secretary
of State, in consultation with the heads of relevant United States
Government agencies, submits, in classified form if necessary, an
update to the comprehensive strategy required in section 7041(i)(3)
of Public Law 113-76.
(4) Monitoring and oversight.--Prior to the obligation of funds
appropriated by this Act and made available for assistance for
Syria, the Secretary of State shall take all practicable steps to
ensure that mechanisms are in place for monitoring, oversight, and
control of such assistance inside Syria: Provided, That the
Secretary shall promptly inform the appropriate congressional
committees of each significant instance in which assistance
provided pursuant to this subsection has been compromised, to
include the type and amount of assistance affected, a description
of the incident and parties involved, and an explanation of the
response of the Department of State.
(5) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available following
consultation with the appropriate congressional committees, and
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(i) Tunisia.--Of the funds appropriated under titles III and IV of
this Act, not less than $141,900,000 shall be made available for
assistance for Tunisia.
(j) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation of
funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on Appropriations
that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available for
assistance for the Palestinian Authority, if after the date of
enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations
or any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
(II) the Palestinians initiate an International
Criminal Court (ICC) judicially authorized investigation,
or actively support such an investigation, that subjects
Israeli nationals to an investigation for alleged crimes
against Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the application
of subclause (I) of such clause if the Secretary certifies to
the Committees on Appropriations that to do so is in the
national security interest of the United States, and submits a
report to such Committees detailing how the waiver and the
continuation of assistance would assist in furthering Middle
East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the Senate, and
the appropriate congressional committees that the Palestinians
have not, after the date of enactment of this Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated
between Israel and the Palestinians; and
(II) taken any action with respect to the ICC that is
intended to influence a determination by the ICC to
initiate a judicially authorized investigation, or to
actively support such an investigation, that subjects
Israeli nationals to an investigation for alleged crimes
against Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under the
preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(3) Reduction.--The Secretary of State shall reduce the amount
of assistance made available by this Act under the heading
``Economic Support Fund'' for the Palestinian Authority by an
amount the Secretary determines is equivalent to the amount
expended by the Palestinian Authority as payments for acts of
terrorism by individuals who are imprisoned after being fairly
tried and convicted for acts of terrorism and by individuals who
died committing acts of terrorism during the previous calendar
year: Provided, That the Secretary shall report to the Committees
on Appropriations on the amount reduced for fiscal year 2016 prior
to the obligation of funds for the Palestinian Authority.
(4) Security report.--The reporting requirements contained in
section 1404 of the Supplemental Appropriations Act, 2008 (Public
Law 110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the security
strategy of the Palestinian Authority.
africa
Sec. 7042. (a) Boko Haram.--Funds appropriated by this Act that are
made available for assistance for Cameroon, Chad, Niger, and Nigeria--
(1) shall be made available for assistance for women and girls
who are targeted by the terrorist organization Boko Haram,
consistent with the provisions of section 7059 of this Act; and
(2) may be made available for counterterrorism programs to
combat Boko Haram.
(b) Central African Republic.--Funds made available by this Act for
assistance for the Central African Republic shall be made available for
reconciliation and peacebuilding programs, including activities to
promote inter-faith dialogue at the national and local levels, and for
programs to prevent crimes against humanity.
(c) Counterterrorism Programs.--Of the funds appropriated by this
Act, not less than $69,821,000 should be made available for the Trans-
Sahara Counter-terrorism Partnership program, and not less than
$24,150,000 should be made available for the Partnership for Regional
East Africa Counterterrorism program.
(d) Ethiopia.--
(1) Forced evictions.--
(A) Funds appropriated by this Act for assistance for
Ethiopia may not be made available for any activity that
supports forced evictions.
(B) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against financing for any activity that
supports forced evictions in Ethiopia.
(2) Consultation requirement.--Programs and activities to
improve livelihoods shall include prior consultation with, and the
participation of, affected communities, including in the South Omo
and Gambella regions.
(3) Foreign military financing program.--Funds appropriated by
this Act under the heading ``Foreign Military Financing Program''
for assistance for Ethiopia may only be made available for border
security and counterterrorism programs, support for international
peacekeeping efforts, and assistance for the Ethiopian Defense
Command and Staff College.
(e) Lake Chad Basin Countries.--Funds appropriated by this Act
shall be made available for democracy and other development programs in
Cameroon, Chad, Niger, and Nigeria, following consultation with the
Committees on Appropriations: Provided, That such democracy programs
should protect freedoms of expression, association and religion,
including for journalists, civil society, and opposition political
parties, and should be used to assist the governments of such countries
to strengthen accountability and the rule of law, including within the
security forces.
(f) Lord's Resistance Army.--Funds appropriated by this Act shall
be made available for programs and activities in areas affected by the
Lord's Resistance Army (LRA) consistent with the goals of the Lord's
Resistance Army Disarmament and Northern Uganda Recovery Act (Public
Law 111-172), including to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support the
disarmament, demobilization, and reintegration of former LRA
combatants, especially child soldiers.
(g) Power Africa Initiative.--Funds appropriated by this Act that
are made available for the Power Africa initiative shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(h) Programs in Africa.--
(1) Of the funds appropriated by this Act under the headings
``Global Health Programs'' and ``Economic Support Fund'', not less
than $7,000,000 shall be made available for the purposes of section
7042(g)(1) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2014 (division K of Public Law
113-76).
(2) Of the funds appropriated by this Act under the headings
``Economic Support Fund'' and ``International Narcotics Control and
Law Enforcement'', not less than $8,000,000 shall be made available
for the purposes of section 7042(g)(2) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76).
(3) Funds made available under paragraphs (1) and (2) shall be
programmed in a manner that leverages a United States Government-
wide approach to addressing shared challenges and mutually
beneficial opportunities, and shall be the responsibility of United
States Chiefs of Mission in countries in Africa seeking enhanced
partnerships with the United States in areas of trade, investment,
development, health, and security.
(i) South Sudan.--
(1) Funds appropriated by this Act that are made available for
assistance for South Sudan should--
(A) be prioritized for programs that respond to
humanitarian needs and the delivery of basic services and to
mitigate conflict and promote stability, including to address
protection needs and prevent and respond to gender-based
violence;
(B) support programs that build resilience of communities
to address food insecurity, maintain educational opportunities,
and enhance local governance;
(C) be used to advance democracy, including support for
civil society, independent media, and other means to strengthen
the rule of law;
(D) support the transparent and sustainable management of
natural resources by assisting the Government of South Sudan in
conducting regular audits of financial accounts, including
revenues from oil and gas, and the timely public disclosure of
such audits; and
(E) support the professionalization of security forces,
including human rights and accountability to civilian
authorities.
(2) None of the funds appropriated by this Act that are
available for assistance for the central Government of South Sudan
may be made available until the Secretary of State certifies and
reports to the Committees on Appropriations that such government is
taking effective steps to--
(A) end hostilities and pursue good faith negotiations for
a political settlement of the internal conflict;
(B) provide access for humanitarian organizations;
(C) end the recruitment and use of child soldiers;
(D) protect freedoms of expression, association, and
assembly;
(E) reduce corruption related to the extraction and sale of
oil and gas; and
(F) establish democratic institutions, including
accountable military and police forces under civilian
authority.
(3) The limitation of paragraph (2) shall not apply to--
(A) humanitarian assistance;
(B) assistance to support South Sudan peace negotiations or
to advance or implement a peace agreement; and
(C) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement (CPA) and mutual
arrangements related to the CPA.
(j) Sudan.--
(1) Notwithstanding any other provision of law, none of the
funds appropriated by this Act may be made available for assistance
for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost of
selling, reducing, or canceling amounts owed to the United States,
and modifying concessional loans, guarantees, and credit
agreements.
(3) The limitations of paragraphs (1) and (2) shall not apply
to--
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and
populations in Sudan, and Abyei; and
(D) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement (CPA), mutual
arrangements related to post-referendum issues associated with
the CPA, or any other internationally recognized viable peace
agreement in Sudan.
(k) Zimbabwe.--
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against any extension by the respective
institution of any loan or grant to the Government of Zimbabwe,
except to meet basic human needs or to promote democracy, unless
the Secretary of State certifies and reports to the Committees on
Appropriations that the rule of law has been restored, including
respect for ownership and title to property, and freedoms of
expression, association, and assembly.
(2) None of the funds appropriated by this Act shall be made
available for assistance for the central Government of Zimbabwe,
except for health and education, unless the Secretary of State
certifies and reports as required in paragraph (1), and funds may
be made available for macroeconomic growth assistance if the
Secretary reports to the Committees on Appropriations that such
government is implementing transparent fiscal policies, including
public disclosure of revenues from the extraction of natural
resources.
east asia and the pacific
Sec. 7043. (a) Asia Rebalancing Initiative.--Except for paragraphs
(1)(C), (4), (5)(B) and (C), and 6(B), section 7043(a) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235) shall
continue in effect during fiscal year 2016 as if part of this Act:
Provided, That section 7043(a)(8) of such Act shall be applied to funds
appropriated by this Act by adding ``East Asia,'' before ``South East
Asia''.
(b) Burma.--
(1) Bilateral economic assistance.--
(A) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Burma may be made
available notwithstanding any other provision of law, except
for this subsection, and following consultation with the
appropriate congressional committees.
(B) Funds appropriated under title III of this Act for
assistance for Burma--
(i) may not be made available for budget support for
the Government of Burma;
(ii) shall be made available to strengthen civil
society organizations in Burma, including as core support
for such organizations;
(iii) shall be made available for the implementation of
the democracy and human rights strategy required by section
7043(b)(3)(A) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76);
(iv) shall be made available for community-based
organizations operating in Thailand to provide food,
medical, and other humanitarian assistance to internally
displaced persons in eastern Burma, in addition to
assistance for Burmese refugees from funds appropriated by
this Act under the heading ``Migration and Refugee
Assistance'';
(v) shall be made available for programs to promote
ethnic and religious tolerance, including in Rakhine and
Kachin states;
(vi) may not be made available to any successor or
affiliated organization of the State Peace and Development
Council (SPDC) controlled by former SPDC members that
promotes the repressive policies of the SPDC, or to any
individual or organization credibly alleged to have
committed gross violations of human rights, including
against Rohingya and other minority groups;
(vii) may be made available for programs administered
by the Office of Transition Initiatives, United States
Agency for International Development (USAID), for ethnic
groups and civil society in Burma to help sustain ceasefire
agreements and further prospects for reconciliation and
peace, which may include support to representatives of
ethnic armed groups for this purpose; and
(viii) may not be made available to any organization or
individual the Secretary of State determines and reports to
the appropriate congressional committees advocates violence
against ethnic or religious groups and individuals in
Burma, including such organizations as Ma Ba Tha.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military Financing
Program'' may be made available for assistance for Burma:
Provided, That the Department of State may continue consultations
with the armed forces of Burma only on human rights and disaster
response in a manner consistent with the prior fiscal year, and
following consultation with the appropriate congressional
committees.
(3) Multilateral assistance.--The Secretary of the Treasury
should instruct the United States executive director of each
international financial institution to use the voice and vote of
the United States to support projects in Burma only if such
projects--
(A) promote accountability and transparency, including on-
site monitoring throughout the life of the project;
(B) are developed and carried out in accordance with best
practices regarding environmental conservation; social and
cultural protection and empowerment of local populations,
particularly ethnic nationalities; and extraction of resources;
(C) do not promote the displacement of local populations
without appropriate consultation, harm mitigation and
compensation, and do not provide incentives for, or facilitate,
the forced migration of indigenous communities; and
(D) do not partner with or otherwise involve military-owned
enterprises or state-owned enterprises associated with the
military.
(4) Assessment.--Not later than 180 days after enactment of
this Act, the Comptroller General of the United States shall
initiate an assessment of democracy programs in Burma conducted by
the Department of State and USAID, including the strategy for such
programs, and programmatic implementation and results: Provided,
That of the funds appropriated by this Act and made available for
assistance for Burma, up to $100,000 shall be made available to the
Comptroller for such assessment.
(5) Programs, position, and responsibilities.--
(A) Any new program or activity in Burma initiated in
fiscal year 2016 shall be subject to prior consultation with
the appropriate congressional committees.
(B) Section 7043(b)(7) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2016 as if part of this Act.
(C) The United States Chief of Mission in Burma, in
consultation with the Assistant Secretary for the Bureau of
Democracy, Human Rights, and Labor, Department of State, shall
be responsible for democracy programs in Burma.
(c) Cambodia.--
(1) Khmer rouge tribunal.--Of the funds appropriated by this
Act that are made available for assistance for Cambodia, up to
$2,000,000 may be made available for a contribution to the
Extraordinary Chambers in the Court of Cambodia (ECCC), in a manner
consistent with prior fiscal years, except that such funds may only
be made available for a contribution to the appeals process in Case
002/01.
(2) Research and education.--Funds made available by this Act
for democracy programs in Cambodia shall be made available for
research and education programs associated with the Khmer Rouge
genocide in Cambodia.
(3) Reimbursements.--The Secretary of State shall continue to
consult with the Principal Donors Group on reimbursements to the
Documentation Center of Cambodia for costs incurred in support of
the ECCC.
(d) North Korea.--
(1) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasts into North Korea at levels
consistent with the prior fiscal year.
(2) Refugees.--Funds appropriated by this Act under the heading
``Migration and Refugee Assistance'' shall be made available for
assistance for refugees from North Korea, including protection
activities in the People's Republic of China and other countries in
the Asia region.
(3) Database and report.--Funds appropriated by this Act under
title III shall be made available to maintain a database of prisons
and gulags in North Korea, in accordance with section 7032(i) of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76):
Provided, That not later than 30 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations describing the sources of information and format of
such database.
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support Fund''
may be made available for assistance for the Government of North
Korea.
(e) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds appropriated
under the heading ``Diplomatic and Consular Programs'' in this Act
may be obligated or expended for processing licenses for the export
of satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic of
China (PRC) unless, at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action.
(2) People's liberation army.--The terms and requirements of
section 620(h) of the Foreign Assistance Act of 1961 shall apply to
foreign assistance projects or activities of the People's
Liberation Army (PLA) of the PRC, to include such projects or
activities by any entity that is owned or controlled by, or an
affiliate of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act may
be used to finance any grant, contract, or cooperative agreement
with the PLA, or any entity that the Secretary of State has reason
to believe is owned or controlled by, or an affiliate of, the PLA.
(3) Counter influence programs.--Funds appropriated by this Act
for public diplomacy under title I and for assistance under titles
III and IV shall be made available to counter the influence of the
PRC, in accordance with the strategy required by section 7043(e)(3)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law 113-
76), following consultation with the Committees on Appropriations.
(4) Cost-matching requirement.--Section 7032(f) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235) shall
continue in effect during fiscal year 2016 as if part of this Act.
(f) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director of
each international financial institution to use the voice and vote
of the United States to support financing of projects in Tibet if
such projects do not provide incentives for the migration and
settlement of non-Tibetans into Tibet or facilitate the transfer of
ownership of Tibetan land and natural resources to non-Tibetans,
are based on a thorough needs-assessment, foster self-sufficiency
of the Tibetan people and respect Tibetan culture and traditions,
and are subject to effective monitoring.
(2) Programs for tibetan communities.--
(A) Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available to nongovernmental organizations
to support activities which preserve cultural traditions and
promote sustainable development, education, and environmental
conservation in Tibetan communities in the Tibetan Autonomous
Region and in other Tibetan communities in China.
(B) Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for programs
to promote and preserve Tibetan culture, development, and the
resilience of Tibetan communities in India and Nepal, and to
assist in the education and development of the next generation
of Tibetan leaders from such communities: Provided, That such
funds are in addition to amounts made available in subparagraph
(A) for programs inside Tibet.
(g) Vietnam.--
(1) Dioxin remediation.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' shall be made available for
remediation of dioxin contaminated sites in Vietnam and may be made
available for assistance for the Government of Vietnam, including
the military, for such purposes.
(2) Health and disability programs.--Funds appropriated by this
Act under the heading ``Development Assistance'' shall be made
available for health and disability programs in areas sprayed with
Agent Orange and otherwise contaminated with dioxin, to assist
individuals with severe upper or lower body mobility impairment
and/or cognitive or developmental disabilities.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Diplomatic operations.--
(A) Facilities.--Funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'', ``Embassy
Security, Construction, and Maintenance'', and ``Operating
Expenses'' that are available for construction and renovation
of United States Government facilities in Afghanistan may not
be made available if the purpose is to accommodate Federal
employee positions or to expand aviation facilities or assets
above those notified by the Department of State and the United
States Agency for International Development (USAID) to the
Committees on Appropriations, or contractors in addition to
those in place on the date of enactment of this Act: Provided,
That the limitations in this paragraph shall not apply if funds
are necessary to implement plans for accommodating other United
States Government agencies under Chief of Mission authority per
section 3927 of title 22, United States Code, or to protect
such facilities or the security, health, and welfare of United
States Government personnel.
(B) Personnel report.--Not later than 30 days after
enactment of this Act and every 120 days thereafter until
September 30, 2016, the Secretary of State shall submit a
report, in classified form if necessary, to the appropriate
congressional committees detailing by agency the number of
personnel present in Afghanistan under Chief of Mission
authority per section 3927 of title 22, United States Code, at
the end of the 120 day period preceding the submission of such
report: Provided, That such report shall also include the
number of locally employed staff and contractors supporting
United States Embassy operations in Afghanistan during the
reporting period.
(2) Assistance and conditions.--
(A) Funding and limitations.--Funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' may be
made available for assistance for Afghanistan: Provided, That
such funds may not be obligated for any project or activity
that--
(i) includes the participation of any Afghan individual
or organization that the Secretary of State determines to
be involved in corrupt practices or a violation of human
rights;
(ii) cannot be sustained, as appropriate, by the
Government of Afghanistan or another Afghan entity;
(iii) is inaccessible for the purposes of conducting
regular oversight in accordance with applicable Federal
statutes and regulations; or
(iv) initiates any new, major infrastructure
development.
(B) Certification and report.--Prior to the initial
obligation of funds made available by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' for assistance for the
central Government of Afghanistan, the Secretary of State shall
certify and report to the Committees on Appropriations, after
consultation with the Government of Afghanistan, that--
(i) goals and benchmarks for the specific uses of such
funds have been established by the Governments of the
United States and Afghanistan;
(ii) conditions are in place that increase the
transparency and accountability of the Government of
Afghanistan for funds obligated under the New Development
Partnership;
(iii) the Government of Afghanistan is continuing to
implement laws and policies to govern democratically and
protect the rights of individuals and civil society,
including taking consistent steps to protect and advance
the rights of women and girls in Afghanistan;
(iv) the Government of Afghanistan is reducing
corruption and prosecuting individuals alleged to be
involved in illegal activities in Afghanistan;
(v) monitoring and oversight frameworks for programs
implemented with such funds are in accordance with all
applicable audit policies of the Department of State and
USAID;
(vi) the necessary policies and procedures are in place
to ensure Government of Afghanistan compliance with section
7013 of this Act; and
(vii) the Government of Afghanistan has established
processes for the public reporting of its national budget,
including revenues and expenditures.
(C) Waiver.--The Secretary of State, after consultation
with the Secretary of Defense, may waive the certification
requirement of subparagraph (B) if the Secretary determines
that to do so is important to the national security interest of
the United States and the Secretary submits a report to the
Committees on Appropriations, in classified form if necessary,
on the justification for the waiver and the reasons why any
part of the certification requirement of subparagraph (B) has
not been met.
(D) Programs.--Funds appropriated by this Act that are made
available for assistance for Afghanistan shall be made
available in the following manner--
(i) not less than $50,000,000 shall be made available
for rule of law programs, the decisions for which shall be
the responsibility of the Chief of Mission, in consultation
with other appropriate United States Government officials
in Afghanistan;
(ii) for programs that protect the rights of women and
girls and promote the political and economic empowerment of
women, including their meaningful inclusion in political
processes: Provided, That such assistance to promote
economic empowerment of women shall be made available as
grants to Afghan and international organizations, to the
maximum extent practicable;
(iii) for programs in South and Central Asia to expand
linkages between Afghanistan and countries in the region,
subject to the regular notification procedures of the
Committees on Appropriations; and
(iv) to assist the Government of Afghanistan to
increase revenue collection and expenditure.
(3) Goals and benchmarks.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report describing the goals
and benchmarks required in clause (2)(B)(i): Provided, That not
later than 6 months after the submission of such report and every 6
months thereafter until September 30, 2017, the Secretary of State
shall submit a report to such committees on the status of achieving
such goals and benchmarks: Provided further, That the Secretary of
State should suspend assistance for the Government of Afghanistan
if any report required by this paragraph indicates that such
government is failing to make measurable progress in meeting such
goals and benchmarks.
(4) Authorities.--
(A) Funds appropriated by this Act under title III through
VI that are made available for assistance for Afghanistan may
be made available--
(i) notwithstanding section 7012 of this Act or any
similar provision of law and section 660 of the Foreign
Assistance Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the
Government of Afghanistan, in accordance with section
7046(a)(2)(B)(ii) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74); and
(iii) for an endowment to empower women and girls.
(B) Section 7046(a)(2)(A) of division I of Public Law 112-
74 shall apply to funds appropriated by this Act for assistance
for Afghanistan.
(C) Section 1102(c) of the Supplemental Appropriations Act,
2009 (title XI of Public Law 111-32) shall continue in effect
during fiscal year 2016 as if part of this Act.
(5) Basing rights agreement.--None of the funds made available
by this Act may be used by the United States Government to enter
into a permanent basing rights agreement between the United States
and Afghanistan.
(b) Bangladesh.--Funds appropriated by this Act under the heading
``Development Assistance'' that are made available for assistance for
Bangladesh shall be made available for programs to protect due process
of law, and to improve labor conditions by strengthening the capacity
of independent workers' organizations in Bangladesh's readymade
garment, shrimp, and fish export sectors.
(c) Nepal.--
(1) Bilateral economic assistance.--Funds appropriated by this
Act shall be made available for assistance for Nepal for earthquake
recovery and reconstruction programs: Provided, That such amounts
shall be in addition to funds made available by this Act for
development and democracy programs in Nepal: Provided further,
That funds made available for earthquake recovery and
reconstruction programs should--
(A) target affected communities on an equitable basis; and
(B) include sufficient oversight mechanisms, to include the
participation of civil society organizations.
(2) Foreign military financing program.--Funds appropriated by
this Act under the heading ``Foreign Military Financing Program''
shall only be made available for humanitarian and disaster relief
and reconstruction activities in Nepal, and in support of
international peacekeeping operations: Provided, That such funds
may only be made available for any additional uses if the Secretary
of State certifies and reports to the Committees on Appropriations
that the Government of Nepal is investigating and prosecuting
violations of human rights and the law of war, and the Nepal Army
is cooperating fully with civilian judicial authorities on such
efforts.
(d) Pakistan.--
(1) Certification requirement.--None of the funds appropriated
or otherwise made available by this Act under the headings
``Economic Support Fund'', ``International Narcotics Control and
Law Enforcement'', and ``Foreign Military Financing Program'' for
assistance for the Government of Pakistan may be made available
unless the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of Pakistan is--
(A) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and other
domestic and foreign terrorist organizations, including taking
effective steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(B) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(C) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture of
IEDs;
(D) preventing the proliferation of nuclear-related
material and expertise;
(E) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(F) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(2) Waiver.--The Secretary of State, after consultation with
the Secretary of Defense, may waive the certification requirement
of paragraph (1) if the Secretary of State determines that to do so
is important to the national security interest of the United States
and the Secretary submits a report to the Committees on
Appropriations, in classified form if necessary, on the
justification for the waiver and the reasons why any part of the
certification requirement of paragraph (1) has not been met.
(3) Assistance.--
(A) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance for
Pakistan may be made available only to support counterterrorism
and counterinsurgency capabilities in Pakistan.
(B) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' that are available
for assistance for Pakistan shall be made available to
interdict precursor materials from Pakistan to Afghanistan that
are used to manufacture IEDs, including calcium ammonium
nitrate; to support programs to train border and customs
officials in Pakistan and Afghanistan; and for agricultural
extension programs that encourage alternative fertilizer use
among Pakistani farmers.
(C) Funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for infrastructure projects in Pakistan shall be
implemented in a manner consistent with section 507(6) of the
Trade Act of 1974 (19 U.S.C. 2467(6)).
(D) Funds appropriated by this Act under titles III and IV
for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for this
subsection and section 620M of the Foreign Assistance Act of
1961.
(E) Of the funds appropriated under title III of this Act
that are made available for assistance for Pakistan,
$33,000,000 shall be withheld from obligation until the
Secretary of State reports to the Committees on Appropriations
that Dr. Shakil Afridi has been released from prison and
cleared of all charges relating to the assistance provided to
the United States in locating Osama bin Laden.
(4) Scholarships for women.--The authority and directives of
section 7044(d)(4) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of Public
Law 113-235) shall apply to funds appropriated by this Act that are
made available for assistance for Pakistan.
(5) Reports.--
(A)(i) The spend plan required by section 7076 of this Act
for assistance for Pakistan shall include achievable and
sustainable goals, benchmarks for measuring progress, and
expected results regarding combating poverty and furthering
development in Pakistan, countering terrorism and extremism,
and establishing conditions conducive to the rule of law and
transparent and accountable governance: Provided, That such
benchmarks may incorporate those required in title III of the
Enhanced Partnership with Pakistan Act of 2009 (22 U.S.C. 8441
et seq.), as appropriate: Provided further, That not later
than 6 months after submission of such spend plan, and each 6
months thereafter until September 30, 2017, the Secretary of
State shall submit a report to the Committees on Appropriations
on the status of achieving the goals and benchmarks in such
plan.
(ii) The Secretary of State should suspend assistance for
the Government of Pakistan if any report required by clause (i)
indicates that Pakistan is failing to make measurable progress
in meeting such goals or benchmarks.
(B) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the costs and objectives associated
with significant infrastructure projects supported by the
United States in Pakistan, and an assessment of the extent to
which such projects achieve such objectives.
(6) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by this
subsection for assistance for Pakistan.
(e) Sri Lanka.--
(1) Bilateral economic assistance.--Funds appropriated by this
Act under the heading ``Economic Support Fund'' shall be made
available for assistance for Sri Lanka for democracy and economic
development programs, particularly in areas recovering from ethnic
and religious conflict: Provided, That such funds shall be made
available for programs to assist in the identification and
resolution of cases of missing persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be made
available only if the Secretary of State certifies and reports to
the Committees on Appropriations that the Government of Sri Lanka
is continuing to--
(A) address the underlying causes of conflict in Sri Lanka;
and
(B) increase accountability and transparency in governance.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance for
Sri Lanka shall be subject to the following conditions--
(A) funds under the heading ``Foreign Military Financing
Program'' may only be made available for programs to redeploy,
restructure, and reduce the size of the Sri Lankan armed forces
and shall not exceed $400,000;
(B) funds under the heading ``International Military
Education and Training'' may only be made available for
training related to international peacekeeping operations and
Expanded International Military Education and Training; and
(C) funds under the heading ``Peacekeeping Operations'' may
only be made available for training related to international
peacekeeping operations.
(f) Regional Programs.--
(1) Funds appropriated by this Act under the heading ``Economic
Support Fund'' for assistance for Afghanistan and Pakistan may be
provided, notwithstanding any other provision of law that restricts
assistance to foreign countries, for cross border stabilization and
development programs between Afghanistan and Pakistan, or between
either country and the Central Asian countries.
(2) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``International Narcotics Control and
Law Enforcement'', and ``Assistance for Europe, Eurasia and Central
Asia'' that are available for assistance for countries in South and
Central Asia shall be made available to enhance the recruitment,
retention, and professionalism of women in the judiciary, police,
and other security forces.
western hemisphere
Sec. 7045. (a) United States Engagement in Central America.--
(1) Funding.--Subject to the requirements of this subsection,
of the funds appropriated under titles III and IV of this Act, up
to $750,000,000 may be made available for assistance for countries
in Central America to implement the United States Strategy for
Engagement in Central America (the Strategy) in support of the Plan
of the Alliance for Prosperity in the Northern Triangle of Central
America (the Plan): Provided, That the Secretary of State and
Administrator of the United States Agency for International
Development (USAID) shall prioritize such assistance to address the
key factors in such countries contributing to the migration of
unaccompanied, undocumented minors to the United States: Provided
further, That such funds shall be made available to the maximum
extent practicable on a cost-matching basis.
(2) Pre-obligation requirements.--Prior to the obligation of
funds made available pursuant to paragraph (1), the Secretary of
State shall submit to the Committees on Appropriations a multi-year
spend plan specifying the proposed uses of such funds in each
country and the objectives, indicators to measure progress, and a
timeline to implement the Strategy, and the amounts made available
from prior Acts making appropriations for the Department of State,
foreign operations, and related programs to support such Strategy:
Provided, That such spend plan shall also include a description of
how such assistance will differ from, complement, and leverage
funds allocated by each government and other donors, including
international financial institutions.
(3) Assistance for the central governments of el salvador,
guatemala, and honduras.--Of the funds made available pursuant to
paragraph (1) that are available for assistance for each of the
central governments of El Salvador, Guatemala, and Honduras, the
following amounts shall be withheld from obligation and may only be
made available as follows:
(A) 25 percent may only be obligated after the Secretary of
State certifies and reports to the appropriate congressional
committees that such government is taking effective steps to--
(i) inform its citizens of the dangers of the journey
to the southwest border of the United States;
(ii) combat human smuggling and trafficking;
(iii) improve border security; and
(iv) cooperate with United States Government agencies
and other governments in the region to facilitate the
return, repatriation, and reintegration of illegal migrants
arriving at the southwest border of the United States who
do not qualify as refugees, consistent with international
law.
(B) An additional 50 percent may only be obligated after
the Secretary of State certifies and reports to the appropriate
congressional committees that such government is taking
effective steps to--
(i) establish an autonomous, publicly accountable
entity to provide oversight of the Plan;
(ii) combat corruption, including investigating and
prosecuting government officials credibly alleged to be
corrupt;
(iii) implement reforms, policies, and programs to
improve transparency and strengthen public institutions,
including increasing the capacity and independence of the
judiciary and the Office of the Attorney General;
(iv) establish and implement a policy that local
communities, civil society organizations (including
indigenous and other marginalized groups), and local
governments are consulted in the design, and participate in
the implementation and evaluation of, activities of the
Plan that affect such communities, organizations, and
governments;
(v) counter the activities of criminal gangs, drug
traffickers, and organized crime;
(vi) investigate and prosecute in the civilian justice
system members of military and police forces who are
credibly alleged to have violated human rights, and ensure
that the military and police are cooperating in such cases;
(vii) cooperate with commissions against impunity, as
appropriate, and with regional human rights entities;
(viii) support programs to reduce poverty, create jobs,
and promote equitable economic growth in areas contributing
to large numbers of migrants;
(ix) establish and implement a plan to create a
professional, accountable civilian police force and curtail
the role of the military in internal policing;
(x) protect the right of political opposition parties,
journalists, trade unionists, human rights defenders, and
other civil society activists to operate without
interference;
(xi) increase government revenues, including by
implementing tax reforms and strengthening customs
agencies; and
(xii) resolve commercial disputes, including the
confiscation of real property, between United States
entities and such government.
(4) Suspension of assistance and periodic review.--
(A) The Secretary of State shall periodically review the
progress of each of the central governments of El Salvador,
Guatemala, and Honduras in meeting the requirements of
paragraphs (3)(A) and (3)(B) and shall, not later than
September 30, 2016, submit to the appropriate congressional
committees a report assessing such progress: Provided, That if
the Secretary determines that sufficient progress has not been
made by a central government, the Secretary shall suspend, in
whole or in part, assistance for such government for programs
supporting such requirement, and shall notify such committees
in writing of such action: Provided further, That the
Secretary may resume funding for such programs only after the
Secretary certifies to such committees that corrective measures
have been taken.
(B) The Secretary of State shall, following a change of
national government in El Salvador, Guatemala, or Honduras,
determine and report to the appropriate congressional
committees that any new government has committed to take the
steps to meet the requirements of paragraphs (3)(A) and (3)(B):
Provided, That if the Secretary is unable to make such a
determination in a timely manner, assistance made available
under this subsection for such central government shall be
suspended, in whole or in part, until such time as such
determination and report can be made.
(5) Programs and transfer of funds.--
(A) Funds appropriated by this Act for the Central America
Regional Security Initiative may be made available, after
consultation with, and subject to the regular notification
procedures of, the Committees on Appropriations, to support
international commissions against impunity in Honduras and El
Salvador, if such commissions are established.
(B) The Department of State and USAID may, following
consultation with the Committees on Appropriations, transfer
funds made available by this Act under the heading
``Development Assistance'' to the Inter-American Development
Bank and the Inter-American Foundation for technical assistance
in support of the Strategy.
(b) Colombia.--
(1) Assistance.--Funds appropriated by this Act and made
available to the Department of State for assistance for the
Government of Colombia may be used to support a unified campaign
against narcotics trafficking, organizations designated as Foreign
Terrorist Organizations, and other criminal or illegal armed
groups, and to take actions to protect human health and welfare in
emergency circumstances, including undertaking rescue operations:
Provided, That the first through fifth provisos of paragraph (1),
and paragraph (3) of section 7045(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74) shall continue in effect during
fiscal year 2016 and shall apply to funds appropriated by this Act
and made available for assistance for Colombia as if included in
this Act: Provided further, That of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$133,000,000 shall be made available for assistance for Colombia,
of which not less than $126,000,000 shall be apportioned directly
to the United States Agency for International Development, and
$7,000,000 shall be transferred to, and merged with, funds
appropriated by this Act under the heading ``Migration and Refugee
Assistance'' for assistance for Colombian refugees in neighboring
countries.
(2)(A) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance for Colombia,
19 percent may be obligated only in accordance with the conditions
under section 7045 in the explanatory statement described in
section 4 (in the matter preceding division A of this Consolidated
Act).
(B) The limitations of this paragraph shall not apply to funds
made available under such heading for aviation instruction and
maintenance, and maritime security programs.
(3) Notification.--Funds appropriated by this Act that are made
available for assistance for Colombia to support the implementation
of a peace agreement shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(c) Haiti.--
(1) Funding.--Of the funds appropriated by this Act, not more
than $191,413,000 may be made available for assistance for Haiti.
(2) Governance certification.--Funds made available in
paragraph (1) may not be made available for assistance for the
central Government of Haiti unless the Secretary of State certifies
and reports to the Committees on Appropriations that the Government
of Haiti is taking effective steps to--
(A) hold free and fair parliamentary elections and seat a
new Haitian Parliament;
(B) strengthen the rule of law in Haiti, including by
selecting judges in a transparent manner; respect the
independence of the judiciary; and improve governance by
implementing reforms to increase transparency and
accountability;
(C) combat corruption, including by implementing the anti-
corruption law enacted in 2014 and prosecuting corrupt
officials; and
(D) increase government revenues, including by implementing
tax reforms, and increase expenditures on public services.
(3) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.) for the Coast Guard.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act should be borne by the recipient
country.
prohibition of payments to united nations members
Sec. 7046. None of the funds appropriated or made available
pursuant to titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole or in part
any assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out chapter 1
of part I of the Foreign Assistance Act of 1961, the costs for
participation of another country's delegation at international
conferences held under the auspices of multilateral or international
organizations.
war crimes tribunals
Sec. 7047. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Of the funds appropriated under title I and under the
heading ``International Organizations and Programs'' in title V of
this Act that are available for contributions to the United Nations
(including the Department of Peacekeeping Operations), any United
Nations agency, or the Organization of American States, 15 percent
may not be obligated for such organization, department, or agency
until the Secretary of State reports to the Committees on
Appropriations that the organization, department, or agency is--
(A) posting on a publicly available Web site, consistent
with privacy regulations and due process, regular financial and
programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits; and
(B) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for--
(i) protection against retaliation for internal and
lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to independent adjudicative bodies,
including external arbitration; and
(v) results that eliminate the effects of proven
retaliation.
(2) The restrictions imposed by or pursuant to paragraph (1)
may be waived on a case-by-case basis if the Secretary of State
determines and reports to the Committees on Appropriations that
such waiver is necessary to avert or respond to a humanitarian
crisis.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) None of the funds made available under title I of this Act
may be used to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations if
such agency, body, or commission is chaired or presided over by a
country, the government of which the Secretary of State has
determined, for purposes of section 6(j)(1) of the Export
Administration Act of 1979 as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. App.
2405(j)(1)), supports international terrorism.
(2) None of the funds made available under title I of this Act
may be used by the Secretary of State as a contribution to any
organization, agency, commission, or program within the United
Nations system if such organization, agency, commission, or program
is chaired or presided over by a country the government of which
the Secretary of State has determined, for purposes of section 620A
of the Foreign Assistance Act of 1961, section 40 of the Arms
Export Control Act, section 6(j)(1) of the Export Administration
Act of 1979, or any other provision of law, is a government that
has repeatedly provided support for acts of international
terrorism.
(3) The Secretary of State may waive the restriction in this
subsection if the Secretary reports to the Committees on
Appropriations that to do so is in the national interest of the
United States.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of the United
Nations Human Rights Council unless the Secretary of State determines
and reports to the Committees on Appropriations that participation in
the Council is important to the national interest of the United States
and that the Council is taking steps to remove Israel as a permanent
agenda item: Provided, That such report shall include a description of
the national interest served and the steps taken to remove Israel as a
permanent agenda item: Provided further, That the Secretary of State
shall report to the Committees on Appropriations not later than
September 30, 2016, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on steps taken
to remove Israel as a permanent agenda item.
(d) United Nations Relief and Works Agency.--Not later than 45 days
after enactment of this Act, the Secretary of State shall submit a
report in writing to the Committees on Appropriations on whether the
United Nations Relief and Works Agency (UNRWA) is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA installations
and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on neutrality
and impartiality of employees) and the legal requirements under
section 301(c) of the Foreign Assistance Act of 1961;
(3) implementing procedures to maintain the neutrality of its
facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure they
are only used for humanitarian or other appropriate purposes;
(4) taking necessary and appropriate measures to ensure it is
operating in compliance with the conditions of section 301(c) of
the Foreign Assistance Act of 1961 and continuing regular reporting
to the Department of State on actions it has taken to ensure
conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and summer
camps is consistent with the values of human rights, dignity, and
tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions or
related entities in violation of relevant United States law, and is
taking steps to improve the financial transparency of the
organization; and
(7) in compliance with the United Nations Board of Auditors'
biennial audit requirements and is implementing in a timely fashion
the Board's recommendations.
(e) United Nations Capital Master Plan.--None of the funds made
available in this Act may be used for the design, renovation, or
construction of the United Nations Headquarters in New York.
(f) Withholding Report.--Not later than 45 days after enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds available
for obligation or expenditure in fiscal year 2016 for contributions to
any organization, department, agency, or program within the United
Nations system or any international program that are withheld from
obligation or expenditure due to any provision of law: Provided, That
the Secretary of State shall update such report each time additional
funds are withheld by operation of any provision of law: Provided
further, That the reprogramming of any withheld funds identified in
such report, including updates thereof, shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
community-based police assistance
Sec. 7049. (a) Authority.--Funds made available by titles III and
IV of this Act to carry out the provisions of chapter 1 of part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance, including
assistance for programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved police relations
with the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall
be subject to the regular notification procedures of the Committees on
Appropriations.
prohibition on promotion of tobacco
Sec. 7050. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
international conferences
Sec. 7051. None of the funds made available in this Act may be
used to send or otherwise pay for the attendance of more than 50
employees of agencies or departments of the United States Government
who are stationed in the United States, at any single international
conference occurring outside the United States, unless the Secretary of
State reports to the Committees on Appropriations at least 5 days in
advance that such attendance is important to the national interest:
Provided, That for purposes of this section the term ``international
conference'' shall mean a conference attended by representatives of the
United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
aircraft transfer and coordination
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used for any
other program and in any region, including for the transportation of
active and standby Civilian Response Corps personnel and equipment
during a deployment: Provided, That the responsibility for policy
decisions and justification for the use of such transfer authority
shall be the responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility shall not be delegated.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the Department
of State and the United States Agency for International Development
(USAID) with funds made available in this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs shall be coordinated under the authority of the
appropriate Chief of Mission: Provided, That such aircraft may be
used to transport, on a reimbursable or non-reimbursable basis,
Federal and non-Federal personnel supporting Department of State
and USAID programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported on a
reimbursable basis, or without reimbursement when traveling on a
space available basis: Provided further, That funds received by
the Department of State for the use of aircraft owned, leased, or
chartered by the Department of State may be credited to the Working
Capital Fund of the Department and shall be available for expenses
related to the purchase, lease, maintenance, chartering, or
operation of such aircraft.
(2) The requirement and authorities of this subsection shall
only apply to aircraft, the primary purpose of which is the
transportation of personnel.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2011 (division F of Public Law 111-117) shall apply
to this Act: Provided, That the date ``September 30, 2009'' in
subsection (f)(2)(B) of such section shall be deemed to be ``September
30, 2015''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions, after arming, do
not result in more than 1 percent unexploded ordnance across the
range of intended operational environments, and the agreement
applicable to the assistance, transfer, or sale of such cluster
munitions or cluster munitions technology specifies that the
cluster munitions will only be used against clearly defined
military targets and will not be used where civilians are known to
be present or in areas normally inhabited by civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such cluster
munitions.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before the date of the enactment of this Act by
Congress: Provided, That not to exceed $25,000 may be made available
to carry out the provisions of section 316 of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533).
consular immunity
Sec. 7056. The Secretary of State, with the concurrence of the
Attorney General, may, on the basis of reciprocity and under such terms
and conditions as the Secretary may determine, specify privileges and
immunities for a consular post, the members of a consular post and
their families which result in more favorable or less favorable
treatment than is provided in the Vienna Convention on Consular
Relations, of April 24, 1963 (T.I.A.S. 6820), entered into force for
the United States December 24, 1969: Provided, That prior to
exercising the authority of this section, the Secretary shall consult
with the appropriate congressional committees on the circumstances that
may warrant the need for privileges and immunities providing more
favorable or less favorable treatment specified under such Convention.
united states agency for international development management
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds made
available in title III of this Act pursuant to or to carry out the
provisions of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia'', may be used by the United States Agency for
International Development (USAID) to hire and employ individuals in the
United States and overseas on a limited appointment basis pursuant to
the authority of sections 308 and 309 of the Foreign Service Act of
1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year pursuant
to the authority contained in subsection (a) may not exceed 175.
(2) The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2017.
(c) Conditions.--The authority of subsection (a) should only be
used to the extent that an equivalent number of positions that are
filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated to
carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Europe, Eurasia and
Central Asia'', are eliminated.
(d) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980, may be extended for a period of up to 4
years notwithstanding the limitation set forth in such section.
(f) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480), may be used by USAID to employ up to 40
personal services contractors in the United States, notwithstanding any
other provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities managed by
the agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds
appropriated to carry out title II of the Food for Peace Act (Public
Law 83-480), may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2011 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating
to research on, and the prevention, treatment and control of, HIV/AIDS
may be made available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs'' and the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:
Provided, That of the funds appropriated under title III of this Act,
not less than $575,000,000 should be made available for family
planning/reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Global Fund.--Of the funds appropriated by this Act that are
available for a contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), 10 percent should be withheld
from obligation until the Secretary of State determines and reports to
the Committees on Appropriations that the Global Fund is--
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the Inspector
General (OIG) to publish OIG reports on a public Web site;
(2) providing sufficient resources to maintain an independent
OIG that--
(A) reports directly to the Board of the Global Fund;
(B) maintains a mandate to conduct thorough investigations
and programmatic audits, free from undue interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients, sub-
recipients, and Local Fund Agents;
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to independent adjudicative bodies, including
external arbitration; and
(E) results that eliminate the effects of proven
retaliation; and
(4) implementing the recommendations contained in the
Consolidated Transformation Plan approved by the Board of the
Global Fund on November 21, 2011:
Provided, That such withholding shall not be in addition to funds
that are withheld from the Global Fund in fiscal year 2016 pursuant to
the application of any other provision contained in this or any other
Act.
(c) Contagious Infectious Disease Outbreaks.--If the Secretary of
State determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained, severe, and
is spreading internationally, or that it is in the national interest to
respond to a Public Health Emergency of International Concern, funds
made available under title III of this Act may be made available to
combat such infectious disease or public health emergency: Provided,
That funds made available pursuant to the authority of this subsection
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available to increase
leadership opportunities for women in countries where women and girls
suffer discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing
women's opportunities for leadership positions in the public and
private sectors at the local, provincial, and national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of this
Act, not less than $150,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to gender-
based violence in countries where it is common in conflict and non-
conflict settings.
(B) Funds appropriated by titles III and IV of this Act that
are available to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons, and shall promote
the integration of women into the police and other security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-based
violence, including child marriage, rape, female genital cutting
and mutilation, and domestic violence, among other forms of gender-
based violence in conflict and non-conflict settings.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement''
should be made available to support a multi-year strategy to expand,
and improve coordination of, United States Government efforts to
empower women as equal partners in conflict prevention, peace building,
transitional processes, and reconstruction efforts in countries
affected by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to women and
girls.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $800,000,000 should be made available for
assistance for basic education, and such funds may be made
available notwithstanding any provision of law that restricts
assistance to foreign countries, except for the conditions
provided in this subsection: Provided, That such funds should
only be used to implement the stated objectives of basic
education programs for each Country Development Cooperation
Strategy or similar strategy regarding basic education
established by the United States Agency for International
Development (USAID).
(B) Not later than 30 days after enactment of this Act, the
USAID Administrator shall report to the Committees on
Appropriations on the status of cumulative unobligated balances
and obligated, but unexpended, balances in each country where
USAID provides basic education assistance and such report shall
also include details on the types of contracts and grants
provided and the goals and objectives of such assistance:
Provided, That the USAID Administrator shall update such report
on a monthly basis during fiscal year 2016: Provided further,
That if the USAID Administrator determines that any unobligated
balances of funds specifically designated for assistance for
basic education in prior Acts making appropriations for the
Department of State, foreign operations, and related programs
are in excess of the absorptive capacity of recipient
countries, such funds may be made available for other programs
authorized under chapter 1 of part I of the Foreign Assistance
Act of 1961, notwithstanding such funding designation:
Provided further, That the authority of the previous proviso
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(C) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$70,000,000 shall be made available for a contribution to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title III
of this Act, not less than $225,000,000 shall be made available for
assistance for higher education, including not less than
$35,000,000 for new partnerships between higher education
institutions in the United States and developing countries:
Provided, That such funds may be made available notwithstanding any
other provision of law that restricts assistance to foreign
countries, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $26,000,000
shall be made available for the American Schools and Hospitals Abroad
program, and not less than $11,000,000 shall be made available for
cooperative development programs of USAID.
(c) Environment Programs.--
(1) Authority.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part II,
of the Foreign Assistance Act of 1961 may be used, notwithstanding
any other provision of law except for the provisions of this
subsection and only subject to the reporting procedures of the
Committees on Appropriations, to support environment programs.
(2) Conservation programs and limitations.--
(A) Of the funds appropriated under title III of this Act,
not less than $265,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $80,000,000 of the funds appropriated
under titles III and IV of this Act shall be made available to
combat the transnational threat of wildlife poaching and
trafficking.
(C) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance for
any military unit or personnel that the Secretary of State
determines has been credibly alleged to have participated in
wildlife poaching or trafficking, unless the Secretary reports
to the Committees on Appropriations that to do so is in the
national security interests of the United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institutions (IFI) to
vote against any financing of any such activity.
(3) Large dams.--The Secretary of the Treasury shall instruct
the United States executive director of each IFI that it is the
policy of the United States to vote in relation to any loan, grant,
strategy, or policy of such institution to support the construction
of any large dam consistent with the criteria set forth in Senate
Report 114-79, while also considering whether the project involves
important foreign policy objectives.
(4) Sustainable landscapes.--Of the funds appropriated under
title III of this Act, not less than $123,500,000 shall be made
available for sustainable landscape programs.
(5) Transfer of funds.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', $9,720,000 shall be
transferred to, and merged with, funds appropriated under the
heading ``Contribution to the Strategic Climate Fund'', and such
transfer shall occur not later than 120 days after the date of
enactment of this Act.
(d) Food Security and Agricultural Development.--
(1) Of the funds appropriated by title III of this Act, not
less than $1,000,600,000 should be made available for food security
and agricultural development programs, of which not less than
$50,000,000 shall be made available for the Feed the Future
Innovation Labs: Provided, That such funds may be made available
notwithstanding any other provision of law to prevent or address
food shortages, and for a United States contribution to the
endowment of the Global Crop Diversity Trust.
(2) Funds appropriated under title III of this Act may be made
available as a contribution to the Global Agriculture and Food
Security Program if such contribution will not cause the United
States to exceed 33 percent of the total amount of funds
contributed to such Program.
(e) Microenterprise and Microfinance.--Of the funds appropriated by
this Act, not less than $265,000,000 should be made available for
microenterprise and microfinance development programs for the poor,
especially women.
(f) Programs To Combat Trafficking in Persons and Modern Slavery.--
(1) Trafficking in persons.--
(A) Of the funds appropriated by this Act under the
headings ``Development Assistance'', ``Economic Support Fund'',
``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', not
less than $60,000,000 shall be made available for activities to
combat trafficking in persons internationally.
(B) Funds made available in the previous paragraph shall be
made available to support a multifaceted approach to combat
human trafficking in Guatemala: Provided, That the Secretary
of State shall consult with the Committees on Appropriations,
not later than 30 days after enactment of this Act, on the use
of such funds.
(2) Modern slavery.--Of the funds appropriated by this Act
under the headings ``Development Assistance'' and ``International
Narcotics Control and Law Enforcement'', in addition to funds made
available pursuant to paragraph (1), $25,000,000 shall be made
available for a grant or grants, to be awarded on an open and
competitive basis, to reduce the prevalence of modern slavery
globally: Provided, That such funds shall only be made available
in fiscal year 2016 to carry out the End Modern Slavery Initiative
Act of 2015 (S. 553, 114th Congress), as reported to the Senate, if
such bill is enacted into law: Provided further, That if such bill
is not enacted into law in fiscal year 2016, funds made available
pursuant to this subsection shall be made available for other
programs to combat trafficking in persons and modern slavery,
following consultation with the appropriate congressional
committees.
(g) Reconciliation Programs.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``Development
Assistance'', not less than $26,000,000 shall be made available to
support people-to-people reconciliation programs which bring together
individuals of different ethnic, religious, and political backgrounds
from areas of civil strife and war: Provided, That the USAID
Administrator shall consult with the Committees on Appropriations,
prior to the initial obligation of funds, on the uses of such funds,
and such funds shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That to the
maximum extent practicable, such funds shall be matched by sources
other than the United States Government.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $400,000,000 shall be made available for water supply and
sanitation projects pursuant to the Senator Paul Simon Water for the
Poor Act of 2005 (Public Law 109-121), of which not less than
$145,000,000 shall be for programs in sub-Saharan Africa, and of which
not less than $14,000,000 shall be made available for programs to
design and build safe, public latrines in Africa and Asia.
overseas private investment corporation
Sec. 7061. (a) Transfer.--Whenever the President determines that it
is in furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated under
title III of this Act may be transferred to, and merged with, funds
appropriated by this Act for the Overseas Private Investment
Corporation Program Account, to be subject to the terms and conditions
of that account: Provided, That such funds shall not be available for
administrative expenses of the Overseas Private Investment Corporation:
Provided further, That designated funding levels in this Act shall not
be transferred pursuant to this section: Provided further, That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Authority.--Notwithstanding section 235(a)(2) of the Foreign
Assistance Act of 1961, the authority of subsections (a) through (c) of
section 234 of such Act shall remain in effect until September 30,
2016.
arms trade treaty
Sec. 7062. None of the funds appropriated by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
countries impacted by significant refugee populations or internally
displaced persons
Sec. 7063. Funds appropriated by this Act under the headings
``Development Assistance'' and ``Economic Support Fund'' shall be made
available for programs in countries affected by significant populations
of internally displaced persons or refugees to--
(1) expand and improve host government social services and
basic infrastructure to accommodate the needs of such populations
and persons;
(2) alleviate the social and economic strains placed on host
communities;
(3) improve coordination of such assistance in a more effective
and sustainable manner; and
(4) leverage increased assistance from donors other than the
United States Government for central governments and local
communities in such countries.
reporting requirements concerning individuals detained at naval
station, guantanamo bay, cuba
Sec. 7064. Not later than 5 days after the conclusion of an
agreement with a country, including a state with a compact of free
association with the United States, to receive by transfer or release
individuals detained at United States Naval Station, Guantanamo Bay,
Cuba, the Secretary of State shall notify the Committees on
Appropriations in writing of the terms of the agreement, including
whether funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs will be made available for assistance for such country
pursuant to such agreement.
multi-year pledges
Sec. 7065. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge was--
(1) previously justified, including the projected future year
costs, in a congressional budget justification;
(2) included in an Act making appropriations for the Department
of State, foreign operations, and related programs or previously
authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees on
Appropriations and such consultation was conducted at least 7 days
in advance of the pledge.
prohibition on use of torture
Sec. 7066. (a) Limitation.--None of the funds made available in
this Act may be used to support or justify the use of torture, cruel,
or inhumane treatment by any official or contract employee of the
United States Government.
(b) Assistance to Eliminate Torture.--Funds appropriated under
titles III and IV of this Act shall be made available, notwithstanding
section 660 of the Foreign Assistance Act of 1961 and following
consultation with the Committees on Appropriations, for assistance to
eliminate torture by foreign police, military or other security forces
in countries receiving assistance from funds appropriated by this Act.
extradition
Sec. 7067. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency Refugee
and Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of State of
its refusal to extradite to the United States any individual indicted
for a criminal offense for which the maximum penalty is life
imprisonment without the possibility of parole or for killing a law
enforcement officer, as specified in a United States extradition
request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in violation
of the terms and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to
the Committees on Appropriations that such waiver is important to the
national interests of the United States.
commercial leasing of defense articles
Sec. 7068. Notwithstanding any other provision of law, and subject
to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt, and the
North Atlantic Treaty Organization (NATO), and major non-NATO allies
for the procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial suppliers,
not including Major Defense Equipment (other than helicopters and other
types of aircraft having possible civilian application), if the
President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under
such Act.
independent states of the former soviet union
Sec. 7069. (a) Assistance for Ukraine.--Of the funds appropriated
by this Act under titles III through VI, not less than $658,185,000
shall be made available for assistance for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act may be
made available for assistance for a government of an Independent State
of the former Soviet Union if that government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That except
as otherwise provided in section 7070(a) of this Act, funds may be made
available without regard to the restriction in this subsection if the
President determines that to do so is in the national security interest
of the United States: Provided further, That prior to executing the
authority contained in this subsection the Department of State shall
consult with the Committees on Appropriations on how such assistance
supports the national security interest of the United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under title V
of the FREEDOM Support Act and section 1424 of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2333) or non-
proliferation assistance;
(2) any assistance provided by the Trade and Development Agency
under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
2421);
(3) any activity carried out by a member of the United States
and Foreign Commercial Service while acting within his or her
official capacity;
(4) any insurance, reinsurance, guarantee, or other assistance
provided by the Overseas Private Investment Corporation under title
IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act of
1945; or
(6) humanitarian assistance.
russia
Sec. 7070. (a) Limitation.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Determination and Conditions.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a country
that the Secretary of State determines and reports to the
Committees on Appropriations has taken affirmative steps intended
to support or be supportive of the Russian Federation annexation of
Crimea: Provided, That except as otherwise provided in subsection
(a), the Secretary may waive the restriction on assistance required
by this paragraph if the Secretary certifies to such Committees
that to do so is in the national interest of the United States, and
includes a justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea, if such activity
includes the participation of Russian Government officials, or
other Russian owned or controlled financial entities; or
(C) assistance for Crimea, if such assistance includes the
participation of Russian Government officials, or other Russian
owned or controlled financial entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including but not limited to any loan, credit, or guarantee) for
any program that violates the sovereignty or territorial integrity
of Ukraine.
(4) The requirements and limitations of this subsection shall
cease to be in effect if the Secretary of State certifies and
reports to the Committees on Appropriations that the Government of
Ukraine has reestablished sovereignty over Crimea.
(c) Assistance to Reduce Vulnerability and Pressure.--Funds
appropriated by this Act for assistance for the Eastern Partnership
countries shall be made available to advance the implementation of
Association Agreements and trade agreements with the European Union,
and to reduce their vulnerability to external economic and political
pressure from the Russian Federation.
(d) Democracy Programs.--Funds appropriated by this Act shall be
made available to support the advancement of democracy and the rule of
law in the Russian Federation, including to promote Internet freedom,
and shall also be made available to support the democracy and rule of
law strategy required by section 7071(d) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76).
(e) Reports.--Not later than 45 days after enactment of this Act,
the Secretary of State shall update the reports required by section
7071(b)(2), (c), and (e) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014 (division K
of Public Law 113-76).
international monetary fund
Sec. 7071. (a) Extensions.--The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F
of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private creditors.
special defense acquisition fund
Sec. 7072. Not to exceed $900,000,000 may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act for the purposes of the
Special Defense Acquisition Fund (Fund), to remain available for
obligation until September 30, 2018: Provided, That the provision of
defense articles and defense services to foreign countries or
international organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
countering foreign fighters and violent extremist organizations
Sec. 7073. (a) Countering Foreign Fighters and Violent Extremist
Organizations.--Funds appropriated under titles III and IV of this Act
shall be made available for programs to--
(1) counter the flow of foreign fighters to countries in which
violent extremists or violent extremist organizations operate,
including those entities designated as foreign terrorist
organizations (FTOs) pursuant to section 219 of the Immigration and
Nationality Act (Public Law 82-814), including through programs
with partner governments and multilateral organizations to--
(A) counter recruitment campaigns by such entities;
(B) detect and disrupt foreign fighter travel, particularly
at points of origin;
(C) implement antiterrorism programs;
(D) secure borders, including points of infiltration and
exfiltration by such entities;
(E) implement and establish criminal laws and policies to
counter foreign fighters; and
(F) arrest, investigate, prosecute, and incarcerate
terrorist suspects, facilitators, and financiers; and
(2) reduce public support for violent extremists or violent
extremist organizations, including FTOs, by addressing the specific
drivers of radicalization, including through such activities as--
(A) public messaging campaigns to damage their appeal;
(B) programs to engage communities and populations at risk
of violent extremist radicalization and recruitment;
(C) counter-radicalization and de-radicalization activities
for potential and former violent extremists and returning
foreign fighters, including in prisons;
(D) law enforcement training programs; and
(E) capacity building for civil society organizations to
combat radicalization in local communities.
(b) Strengthening the State System.--
(1) Funds appropriated under titles III and IV of this Act
shall be made available for programs to strengthen the state system
and counter violent extremists and violent extremist organizations,
including FTOs, by supporting security and governance programs in
countries whose stability and legitimacy are directly threatened by
violence against state institutions by such entities, including at
the national and local levels, and in fragile states bordering such
countries.
(2) Programs funded pursuant to paragraph (1) shall prioritize
activities to improve governance, including by--
(A) promoting civil society;
(B) strengthening the rule of law;
(C) professionalizing security services;
(D) increasing transparency and accountability;
(E) combating corruption; and
(F) protecting human rights.
(c) Requirements.--
(1) The Secretary of State shall ensure that the programs
described in subsection (a) are coordinated with and complement the
efforts of other United States Government agencies and
international partners, and that such programs are consistent with
all applicable laws, regulations, and policies regarding the use of
foreign assistance funds: Provided, That the Secretary shall also
ensure that information gained through the conduct of programs
described in subsection (a)(1) is shared in a timely manner with
relevant United States Government agencies and other international
partners, as appropriate.
(2) Prior to the obligation of funds appropriated by this Act
and made available for the purposes of this section, the Secretary
of State shall ensure that mechanisms are in place for appropriate
monitoring, oversight, and control of such assistance: Provided,
That the Secretary shall promptly inform the appropriate
congressional committees of each significant instance in which
assistance provided for such purposes has been compromised,
including the amount and type of assistance affected, a description
of the incident and parties involved, and an explanation of the
response of the Department of State.
(3) Funds appropriated by this Act that are made available for
programs described in subsection (a) shall be subject to the
regular notification procedures of the Committees on
Appropriations, and are subject to the additional requirements
contained under section 7073 in the explanatory statement described
in section 4 (in the matter preceding division A of this
Consolidated Act): Provided, That for the purposes of funds
appropriated by this Act that are made available for countering
violent extremism, as justified to the Committees on Appropriations
in the Congressional Budget Justification, Foreign Operations,
Fiscal Year 2016, such funds shall only be made available for
programs described in subsection (a)(2).
enterprise funds
Sec. 7074. (a) Notification Requirement.--None of the funds made
available under titles III through VI of this Act may be made available
for Enterprise Funds unless the appropriate congressional committees
are notified at least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
use of funds in contravention of this act
Sec. 7075. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program and
policy.
budget documents
Sec. 7076. (a) Operating Plans.--Not later than 45 days after the
date of enactment of this Act, each department, agency, or organization
funded in titles I, II, and VI of this Act, and the Department of the
Treasury and Independent Agencies funded in title III of this Act,
including the Inter-American Foundation and the United States African
Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to such
department, agency, or organization in such titles of this Act, or
funds otherwise available for obligation in fiscal year 2016, that
provides details of the uses of such funds at the program, project, and
activity level: Provided, That such plans shall include, as
applicable, a comparison between the most recent congressional
directives or approved funding levels and the funding levels proposed
by the department or agency; and a clear, concise, and informative
description/justification: Provided further, That if such department,
agency, or organization receives an additional amount under the same
heading in title VIII of this Act, operating plans required by this
subsection shall include consolidated information on all such funds:
Provided further, That operating plans that include changes in levels
of funding for programs, projects, and activities specified in the
congressional budget justification, in this Act, or amounts
specifically designated in the respective tables included in the
explanatory statement described in section 4 (in the matter preceding
division A of this Consolidated Act), as applicable, shall be subject
to the notification and reprogramming requirements of section 7015 of
this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary of
State or Administrator of the United States Agency for
International Development (USAID), as appropriate, shall submit to
the Committees on Appropriations a detailed spend plan for funds
made available by this Act, for--
(A) assistance for Afghanistan, Lebanon, Pakistan, and the
West Bank and Gaza;
(B) Power Africa and the regional security initiatives
listed under this heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this Consolidated Act): Provided, That the spend plan for such
initiatives shall include the amount of assistance planned for
each country by account, to the maximum extent practicable; and
(C) democracy programs and sectors enumerated in
subsections (a), (c)(2), (d)(1), (e), (f), and (h) of section
7060 of this Act.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by
this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(c) Spending Report.--Not later than 45 days after enactment of
this Act, the USAID Administrator shall submit to the Committees on
Appropriations a detailed report on spending of funds made available
during fiscal year 2015 under the heading ``Development Credit
Authority''.
(d) Notifications.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in
this Act or under section 634A of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) The congressional budget justification for Department of
State operations and foreign operations shall be provided to the
Committees on Appropriations concurrent with the date of submission
of the President's budget for fiscal year 2017: Provided, That the
appendices for such justification shall be provided to the
Committees on Appropriations not later than 10 calendar days
thereafter.
(2) The Secretary of State and the USAID Administrator shall
include in the congressional budget justification a detailed
justification for multi-year availability for any funds requested
under the headings ``Diplomatic and Consular Programs'' and
``Operating Expenses''.
reports and records management
Sec. 7077. (a) Public Posting of Reports.--
(1) Requirement.--Any agency receiving funds made available by
this Act shall, subject to paragraphs (2) and (3), post on the
publicly available Web site of such agency any report required by
this Act to be submitted to the Committees on Appropriations, upon
a determination by the head of such agency that to do so is in the
national interest.
(2) Exceptions.--Paragraph (1) shall not apply to a report if--
(A) the public posting of such report would compromise
national security, including the conduct of diplomacy; or
(B) the report contains proprietary, privileged, or
sensitive information.
(3) Timing and intention.--The head of the agency posting such
report shall, unless otherwise provided for in this Act, do so only
after such report has been made available to the Committees on
Appropriations for not less than 45 days: Provided, That any
report required by this Act to be submitted to the Committees on
Appropriations shall include information from the submitting agency
on whether such report will be publicly posted.
(b) Requests for Documents.--None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall be
available to a nongovernmental organization, including any contractor,
which fails to provide upon timely request any document, file, or
record necessary to the auditing requirements of the Department of
State and the United States Agency for International Development
(USAID).
(c) Records Management.--
(1) Limitation and directives.--
(A) None of the funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'' and ``Capital
Investment Fund'' in title I, and ``Operating Expenses'' in
title II that are made available to the Department of State and
USAID may be made available to support the use or establishment
of email accounts or email servers created outside the .gov
domain or not fitted for automated records management as part
of a Federal government records management program in
contravention of the Presidential and Federal Records Act
Amendments of 2014 (Public Law 113-187).
(B) The Secretary of State and USAID Administrator shall--
(i) update the policies, directives, and oversight
necessary to comply with Federal statutes, regulations, and
presidential executive orders and memoranda concerning the
preservation of all records made or received in the conduct
of official business, including record emails, instant
messaging, and other online tools;
(ii) use funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'' and ``Capital
Investment Fund'' in title I, and ``Operating Expenses'' in
title II, as appropriate, to improve Federal records
management pursuant to the Federal Records Act (44 U.S.C.
Chapters 21, 29, 31, and 33) and other applicable Federal
records management statutes, regulations, or policies for
the Department of State and USAID;
(iii) direct departing employees that all Federal
records generated by such employees, including senior
officials, belong to the Federal Government; and
(iv) measurably improve the response time for
identifying and retrieving Federal records.
(2) Report.--Not later than 30 days after enactment of this
Act, the Secretary of State and USAID Administrator shall each
submit a report to the Committees on Appropriations and to the
National Archives and Records Administration detailing, as
appropriate and where applicable--
(A) the policy of each agency regarding the use or the
establishment of email accounts or email servers created
outside the .gov domain or not fitted for automated records
management as part of a Federal government records management
program;
(B) the extent to which each agency is in compliance with
applicable Federal records management statutes, regulations,
and policies; and
(C) the steps required, including steps already taken, and
the associated costs, to--
(i) comply with paragraph (1)(B) of this subsection;
(ii) ensure that all employees at every level have been
instructed in procedures and processes to ensure that the
documentation of their official duties is captured,
preserved, managed, protected, and accessible in official
Government systems of the Department of State and USAID;
(iii) implement the recommendations of the Office of
Inspector General, United States Department of State (OIG),
in the March 2015 Review of State Messaging and Archive
Retrieval Toolset and Record Email (ISP-1-15-15) and any
recommendations from the OIG review of the records
management practices of the Department of State requested
by the Secretary on March 25, 2015, if completed;
(iv) reduce the backlog of Freedom of Information Act
and Congressional oversight requests, and measurably
improve the response time for answering such requests;
(v) strengthen cyber security measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain;
and
(vi) codify in the Foreign Affairs Manual and Automated
Directives System the updates referenced in paragraph
(1)(B) of this subsection, where appropriate.
(3) Report assessment.--Not later than 180 days after the
submission of the reports required by paragraph (2), the
Comptroller General of the United States, in consultation with
National Archives and Records Administration, as appropriate, shall
conduct an assessment of such reports, and shall consult with the
Committees on Appropriations on the scope and requirements of such
assessment.
(4) Funding.--Of funds appropriated by this Act under the
heading ``Capital Investment Fund'' in title I, $10,000,000 shall
be withheld from obligation until the Secretary submits the report
required by paragraph (2).
global internet freedom
Sec. 7078. (a) Funding.--Of the funds available for obligation
during fiscal year 2016 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Euraisa and Central Asia'', not less than
$50,500,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interests of the
United States: Provided further, That funds made available pursuant to
this section shall be matched, to the maximum extent practicable, by
sources other than the United States Government, including from the
private sector.
(b) Requirements.--Funds made available pursuant to subsection (a)
shall be--
(1) coordinated with other democracy, governance, and
broadcasting programs funded by this Act under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', ``Complex Crises Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', and shall be
incorporated into country assistance, democracy promotion, and
broadcasting strategies, as appropriate;
(2) made available to the Bureau of Democracy, Human Rights,
and Labor, Department of State for programs to implement the May
2011, International Strategy for Cyberspace and the comprehensive
strategy to promote Internet freedom and access to information in
Iran, as required by section 414 of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (22 U.S.C. 8754);
(3) made available to the Broadcasting Board of Governors (BBG)
to provide tools and techniques to access the Web sites of BBG
broadcasters that are censored, and to work with such broadcasters
to promote and distribute such tools and techniques, including
digital security techniques;
(4) made available for programs that support the efforts of
civil society to counter the development of repressive Internet-
related laws and regulations, including countering threats to
Internet freedom at international organizations; to combat violence
against bloggers and other users; and to enhance digital security
training and capacity building for democracy activists;
(5) made available for research of key threats to Internet
freedom; the continued development of technologies that provide or
enhance access to the Internet, including circumvention tools that
bypass Internet blocking, filtering, and other censorship
techniques used by authoritarian governments; and maintenance of
the technological advantage of the United States Government over
such censorship techniques: Provided, That the Secretary of State,
in consultation with the BBG Chairman, shall coordinate any such
research and development programs with other relevant United States
Government departments and agencies in order to share information,
technologies, and best practices, and to assess the effectiveness
of such technologies; and
(6) coordinated by the Assistant Secretary of State for
Democracy, Human Rights, and Labor, Department of State, except
that the uses of such funds made available under the heading
``International Broadcasting Operations'' shall be the
responsibility of the BBG Chairman.
(c) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after enactment of this Act, the Secretary
of State and the BBG Chairman shall submit to the Committees on
Appropriations spend plans for funds made available by this Act for
programs to promote Internet freedom globally, which shall include a
description of safeguards established by relevant agencies to ensure
that such programs are not used for illicit purposes: Provided, That
the Department of State spend plan shall include funding for all such
programs for all relevant Department of State and USAID offices and
bureaus: Provided further, That prior to the obligation of such funds,
such offices and bureaus shall consult with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State, to ensure that
such programs support the Department of State Internet freedom
strategy.
disability programs
Sec. 7079. (a) Assistance.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' shall be made available for
programs and activities administered by the United States Agency for
International Development (USAID) to address the needs and protect and
promote the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
and integration of individuals with disabilities, including for the
cost of translation.
(b) Management, Oversight, and Technical Support.--Of the funds
made available pursuant to this section, 5 percent may be used for
USAID for management, oversight, and technical support.
impact on jobs in the united states
Sec. 7080. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise currently
located in the United States for the purpose of inducing such an
enterprise to relocate outside the United States if such incentive
or inducement is likely to reduce the number of employees of such
business enterprise in the United States because United States
production is being replaced by such enterprise outside the United
States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized workers'
rights, as defined in section 507(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone or
area in that country: Provided, That the application of section
507(4)(D) and (E) of such Act should be commensurate with the level
of development of the recipient country and sector, and shall not
preclude assistance for the informal sector in such country, micro
and small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States if
such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Consolidated Appropriations Act, 2010;
(B) the modification proposed by the Overseas Private
Investment Corporation in November 2013 to the Corporation's
Environmental and Social Policy Statement relating to coal; or
(C) the Supplemental Guidelines for High Carbon Intensity
Projects approved by the Export-Import Bank of the United
States on December 12, 2013,
when enforcement of such rule, regulation, policy, or guidelines
would prohibit, or have the effect of prohibiting, any coal-fired
or other power-generation project the purpose of which is to: (i)
provide affordable electricity in International Development
Association (IDA)-eligible countries and IDA-blend countries; and
(ii) increase exports of goods and services from the United States
or prevent the loss of jobs from the United States.
country focus and selectivity
Sec. 7081. (a) Transition Plan Requirement.--Any bilateral country
assistance strategy developed after the date of enactment of this Act
for the provision of assistance for a foreign country shall include a
transition plan identifying end goals and options for winding down,
within a targeted period of years, such bilateral assistance:
Provided, That such transition plan shall be developed by the Secretary
of State, in consultation with the Administrator of the United States
Agency for International Development (USAID), the heads of other
relevant Federal agencies, and officials of such foreign government and
representatives of civil society, as appropriate.
(b) Targeted Transitions.--Not later than 180 days after enactment
of this Act, the Secretary of State, in consultation with the USAID
Administrator, the heads of other relevant Federal agencies, and the
Committees on Appropriations, shall select at least one country in
which to establish and implement a transition program to seek to reduce
dependency on bilateral foreign assistance and create greater self-
sufficiency for such country: Provided, That any such selection shall
be of a country receiving assistance with funds appropriated under
titles III and IV of this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs
that--
(1) is a long-time recipient of such assistance;
(2) has demonstrated, or has been assessed to possess, the
capacity for self-sufficiency; and
(3) is not impacted by conflict or crisis, including large
numbers of internally displaced persons or significant refugee
populations resulting from such conflict or crisis:
Provided further, That the Secretary shall consult with the
Committees on Appropriations prior to the selection of any such
country, and on the goals and targets for such program to be
established in the selected country: Provided further, That such
transition should exclude funding for democracy and humanitarian
assistance programs: Provided further, That assistance may be resumed
or continued for any such selected country if the Secretary determines
and reports to the Committees on Appropriations that to do so is
important to the national interest of the United States, and such
report provides an explanation of such interest being served.
united nations population fund
Sec. 7082. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2016, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations indicating the amount of funds that UNFPA is
budgeting for the year in which the report is submitted for a
country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA plans
to spend funds for a country program in the People's Republic of
China in the year covered by the report, then the amount of such
funds UNFPA plans to spend in the People's Republic of China shall
be deducted from the funds made available to UNFPA after March 1
for obligation for the remainder of the fiscal year in which the
report is submitted.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$2,561,808,000, to remain available until September 30, 2017, of which
$1,966,632,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $10,000,000 of the total funds made available under this
heading to any other appropriation of any department or agency of the
United States, upon the concurrence of the head of such department or
agency, to support operations in and assistance for Afghanistan and to
carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That any such transfer shall be treated as a
reprogramming of funds under subsections (a) and (b) of section 7015 of
this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That up to $15,000,000 of the funds appropriated
under this heading in this title may be made available for Conflict
Stabilization Operations and for related reconstruction and
stabilization assistance to prevent or respond to conflict or civil
strife in foreign countries or regions, or to enable transition from
such strife: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$66,600,000, to remain available until September 30, 2017, of which
$56,900,000 shall be for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight: Provided, That
printing and reproduction costs shall not exceed amounts for such costs
during fiscal year 2015: Provided further, That notwithstanding any
other provision of law, any employee of SIGAR who completes at least 12
months of continuous service after the date of enactment of this Act or
who is employed on the date on which SIGAR terminates, whichever occurs
first, shall acquire competitive status for appointment to any position
in the competitive service for which the employee possesses the
required qualifications: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $747,851,000, to remain available until expended, of
which $735,201,000 shall be for Worldwide Security Upgrades,
acquisition, and construction as authorized: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $101,728,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $1,794,088,000, to remain available until
September 30, 2017: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $10,700,000, to remain available until September 30,
2017: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $139,262,000,
to remain available until September 30, 2017: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$1,919,421,000, to remain available until expended: Provided, That
such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$37,000,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
complex crises fund
For an additional amount for ``Complex Crises Fund'', $20,000,000,
to remain available until expended: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,422,673,000, to remain available until September 30, 2017:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $438,569,000, to remain available until September 30,
2017: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance''
to respond to refugee crises, including in Africa, the Near East, South
and Central Asia, and Europe and Eurasia, $2,127,114,000, to remain
available until expended, except that such funds shall not be made
available for the resettlement costs of refugees in the United States:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $371,650,000, to remain available until September
30, 2017: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $379,091,000, to remain available
until September 30, 2017: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$469,269,000, to remain available until September 30, 2017: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That funds available for obligation under this
heading in this Act may be used to pay assessed expenses of
international peacekeeping activities in Somalia, subject to the
regular notification procedures of the Committees on Appropriations,
except that such expenses shall not exceed the level described in the
final proviso under the heading ``Contributions for International
Peacekeeping Activities'' in title I of this Act.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $1,288,176,000, to remain available until September 30,
2017: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2016.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations
accounts in this Act shall be available under the authorities and
conditions applicable to such appropriations accounts.
transfer authority
Sec. 8003. (a)(1) Funds appropriated by this title in this Act
under the headings ``Transition Initiatives'', ``Complex Crises Fund'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be transferred to, and merged with, funds
appropriated by this title under such headings.
(2) Funds appropriated by this title in this Act under the headings
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
``Peacekeeping Operations'', and ``Foreign Military Financing Program''
may be transferred to, and merged with, funds appropriated by this
title under such headings.
(3) Of the funds appropriated by this title under the heading
``International Disaster Assistance'', up to $600,000,000 may be
transferred to, and merged with, funds appropriated by this title under
the heading ``Migration and Refugee Assistance''.
(b) Notwithstanding any other provision of this section, not to
exceed $15,000,000 from funds appropriated under the heading ``Foreign
Military Financing Program'' by this title in this Act and made
available for the Europe and Eurasia Regional program may be
transferred to, and merged with, funds previously made available under
the heading ``Global Security Contingency Fund'' which shall be
available only for programs in the Europe and Eurasia region.
(c) The transfer authority provided in subsection (a) may only be
exercised to address contingencies.
(d) The transfer authority provided in subsections (a) and (b)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That such transfer authority is in addition to any transfer
authority otherwise available under any other provision of law,
including section 610 of the Foreign Assistance Act of 1961 which may
be exercised by the Secretary of State for the purposes of this title.
TITLE IX
OTHER MATTERS
MULTILATERAL ASSISTANCE
International Monetary Programs
united states quota, international monetary fund
direct loan program account
For an increase in the United States quota in the International
Monetary Fund, the dollar equivalent of 40,871,800,000 Special Drawing
Rights, to remain available until expended: Provided, That
notwithstanding the provisos under the heading ``International
Assistance Programs--International Monetary Programs--United States
Quota, International Monetary Fund'' in the Supplemental Appropriations
Act, 2009 (Public Law 111-32), the costs of the amounts provided under
this heading in this Act and in Public Law 111-32 shall be estimated on
a present value basis, excluding administrative costs and any
incidental effects on governmental receipts or outlays: Provided
further, That for purposes of the previous proviso, the discount rate
for purposes of the present value calculation shall be the appropriate
interest rate on marketable Treasury securities, adjusted for market
risk: Provided further, That such amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That such amount shall be available only if the
President designates such amount, and the related amount to be
rescinded under the heading ``Loans to the International Monetary Fund
Direct Loan Program Account'', as an emergency requirement pursuant to
section 251(b)(2)(A)(i) and transmits such designation to the Congress.
Loans to the International Monetary Fund
direct loan program account
(including rescission of funds)
Of the amounts provided under the heading ``International
Assistance Programs--International Monetary Programs--Loans to
International Monetary Fund'' in the Supplemental Appropriations Act,
2009 (Public Law 111-32), the dollar equivalent of 40,871,800,000
Special Drawing Rights is hereby permanently rescinded as of the date
when the rollback of the United States credit arrangement in the New
Arrangements to Borrow of the International Monetary Fund is effective,
but no earlier than when the increase of the United States quota
authorized in section 72 of the Bretton Woods Agreements Act (22 U.S.C.
286 et seq.) becomes effective: Provided, That notwithstanding the
second through fourth provisos under the heading ``International
Assistance Programs--International Monetary Programs--Loans to
International Monetary Fund'' in Public Law 111-32, the costs of the
amounts under this heading in this Act and in Public Law 111-32 shall
be estimated on a present value basis, excluding administrative costs
and any incidental effects on governmental receipts or outlays:
Provided further, That for purposes of the previous proviso, the
discount rate for purposes of the present value calculation shall be
the appropriate interest rate on marketable Treasury securities,
adjusted for market risk: Provided further, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That such amount
shall be rescinded only if the President designates such amount as an
emergency requirement pursuant to section 251(b)(2)(A)(i) and transmits
such designation to the Congress.
GENERAL PROVISIONS
Limitations on and Expiration of Authority With Respect to New
Arrangements to Borrow
Sec. 9001. Section 17 of the Bretton Woods Agreements Act (22
U.S.C. 286e-2) is amended--
(1) in subsection (a) by adding at the end the following:
``(5) The authority to make loans under this section shall
expire on December 16, 2022.'';
(2) in subsection (b), in paragraphs (1) and (2), by inserting
before the end period the following: ``, only to the extent that
amounts available for such loans are not rescinded by an Act of
Congress'';
(3) by adding the following subsection (e), which shall be
effective from the first day of the next period of renewal of the
NAB decision after enactment of this Act:
``(e) New Requirement for Activation of the New Arrangements to
Borrow
``(1) The Secretary of the Treasury shall include in the
certification and report required by paragraphs (a)(1), (a)(2),
(b)(1), and (b)(2) of this section prior to activation an
additional certification and report that--
``(A) the one-year forward commitment capacity of the IMF
(excluding borrowed resources) is expected to fall below
100,000,000,000 Special Drawing Rights during the period of the
NAB activation; and
``(B) activation of the NAB is in the United States
strategic economic interest with the reasons and analysis for
that determination.
``(2) Prior to submitting any certification and report required
by paragraphs (a)(1), (a)(2), (b)(1), and (b)(2) of this section,
the Secretary of the Treasury shall consult with the appropriate
congressional committees.''; and
(4) by adding at the end the following:
``(f) In this section, the term `appropriate congressional
committees' means the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations and
Financial Services of the House of Representatives.''.
Acceptance of Amendments to Articles of Agreement; Quota Increase
Sec. 9002. The Bretton Woods Agreements Act (22 U.S.C. 286 et
seq.) is amended by adding at the end the following:
``SEC. 71. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF
THE FUND.
``The United States Governor of the Fund may accept the amendments
to the Articles of Agreement of the Fund as proposed in resolution 66-2
of the Board of Governors of the Fund.
``SEC. 72. QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund may
consent to an increase in the quota of the United States in the Fund
equivalent to 40,871,800,000 Special Drawing Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in such
amounts as are provided in advance in appropriations Acts.''.
Report on Methodology Used for Congressional Budget Office Cost
Estimates
Sec. 9003. (a) Report.--Not later than 180 days after the date of
enactment of this Act, the Director of the Congressional Budget Office
shall submit a report to the appropriate congressional committees on
the methodology used and rationale for incorporating market risk in
cost estimates for the International Monetary Fund: Provided, That for
the purposes of this subsection, the term ``appropriate congressional
committees'' means--
(1) the Committees on Appropriations, Budget, Banking, Housing
and Urban Affairs, and Foreign Relations of the Senate; and
(2) the Committees on Appropriations, Budget, and Financial
Services of the House of Representatives.
(b) Requirements.--The report submitted pursuant to subsection (a)
shall include matters relevant to the evaluation of the budgetary
effects of the participation of the United States in the International
Monetary Fund, including the risks associated with--
(1) the current participation of the United States in the
International Monetary Fund, including the market risk of the Fund;
(2) countries borrowing from the Fund;
(3) the various loan instruments and assistance activities of
the Fund; and
(4) past participation of the United States in the
International Monetary Fund, including the historical net cost to
the government of previous quota increases.
(c) Review.--Following the submission of the report required by
subsection (a), the Committees on Appropriations and Budget of the
Senate and the Committees on Appropriations and Budget of the House of
Representatives shall review the Congressional Budget Office's market
risk scoring methodology and consider options for modifying the
budgetary treatment of new appropriations to the International Monetary
Fund: Provided, That in conducting such review, such committees should
consult with other interested parties, including the Office of
Management and Budget and the Congressional Budget Office.
Required Consultations With Congress in Advance of Consideration of
Exceptional Access Lending
Sec. 9004. (a) In General.--The United States Executive Director of
the International Monetary Fund (the Fund) (or any designee of the
Executive Director) may not vote for the approval of an exceptional
access loan to be provided by the Fund to a country unless, not later
than 7 days before voting to approve that loan (subject to subsection
(c)), the Secretary of the Treasury submits to the Committees on
Appropriations and Foreign Relations of the Senate and the Committees
on Appropriations and Financial Services of the House of
Representatives--
(1) a report on the exceptional access program under which the
loan is to be provided, including a description of the size and
tenor of the program; and
(2) a debt sustainability analysis and related documentation
justifying the need for the loan.
(b) Elements.--A debt sustainability analysis under subsection
(a)(2) with respect to an exceptional access loan shall include the
following:
(1) any assumptions for growth of the gross domestic product of
the country that may receive the loan;
(2) an estimate of whether the public debt of that country is
sustainable in the medium term, consistent with the exceptional
access lending rules of the Fund;
(3) an estimate of the prospects of that country for regaining
access to private capital markets; and
(4) an evaluation of the probability of the success of
providing the exceptional access loan.
(c) Extraordinary Circumstances.--The Secretary may submit the
report and analysis required by subsection (a) to the Committees on
Appropriations and Foreign Relations of the Senate and the Committees
on Appropriations and Financial Services of the House of
Representatives not later than 2 business days after a decision by the
Executive Board of the Fund to approve an exceptional access loan only
if the Secretary--
(1) determines and certifies that--
(A) an emergency exists in the country that applied for the
loan and that country requires immediate assistance to avoid
disrupting orderly financial markets; or
(B) other extraordinary circumstances exist that warrant
delaying the submission of the report and analysis; and
(2) submits with the report and analysis a detailed explanation
of the emergency or extraordinary circumstances and the reasons for
the delay.
(d) Form of Report and Analysis.--The report and debt
sustainability analysis and related documentation required by
subsection (a) may be submitted in classified form.
Repeal of Systemic Risk Exemption to Limitations to Access Policy of
the International Monetary Fund
Sec. 9005. (a) Position of the United States.--The Secretary of the
Treasury shall direct the United States Executive Director of the
International Monetary Fund (the Fund) to use the voice and vote of the
United States to urge the Executive Board of the Fund to repeal the
systemic risk exemption to the debt sustainability criterion of the
Fund's exceptional access framework, as set forth in paragraph 3(b) of
Decision No. 14064-(08/18) of the Fund (relating to access policy and
limits in the credit tranches and under the extended Fund facility and
overall access to the Fund's general resources, and exceptional access
policy).
(b) Report Required.--The quota increase authorized by the
amendments made by section 9002 shall not be disbursed until the
Secretary of the Treasury reports to the Committees on Appropriations
and Foreign Relations of the Senate and the Committees on
Appropriations and Financial Services of the House of Representatives
that the United States has taken all necessary steps to secure repeal
of the systemic risk exemption to the framework described in subsection
(a).
Annual Report on Lending, Surveillance, or Technical Assistance
Policies of the International Monetary Fund
Sec. 9006. Not later than one year after the date of the enactment
of this Act, and annually thereafter until 2025, the Secretary of the
Treasury shall submit to the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations and
Financial Services of the House of Representatives a written report
that includes--
(1) a description of any changes in the policies of the
International Monetary Fund (the Fund) with respect to lending,
surveillance, or technical assistance;
(2) an analysis of whether those changes, if any, increase or
decrease the risk to United States financial commitments to the
Fund;
(3) an analysis of any new or ongoing exceptional access loans
of the Fund in place during the year preceding the submission of
the report; and
(4) a description of any changes to the exceptional access
policies of the Fund.
Report on Improving United States Participation in the International
Monetary Fund
Sec. 9007. Not later than 180 days after the date of the enactment
of this Act, the Secretary of the Treasury shall submit to the
Committees on Appropriations and Foreign Relations of the Senate and
the Committees on Appropriations and Financial Services of the House of
Representatives a written report on ways to improve the effectiveness,
and mitigate the risks, of United States participation in the
International Monetary Fund (the Fund) that includes the following:
(1) An analysis of recent changes to the surveillance products
and policies of the Fund and whether those products and policies
effectively address the shortcomings of surveillance by the Fund in
the periods preceding the global financial crisis that began in
2008 and the European debt crisis that began in 2009.
(2) A discussion of ways to better encourage countries to
implement policy recommendations of the Fund, including--
(A) whether the implementation rate of such policy
recommendations would increase if the Fund provided regular
status reports on whether countries have implemented its policy
recommendations; and
(B) whether or not lending by the Fund should be limited to
countries that have taken necessary steps to implement such
policy recommendations, including an analysis of the potential
effectiveness of that limitation.
(3) An analysis of the transparency policy of the Fund, ways
that transparency policy can be improved, and whether such
improvements would be beneficial.
(4) A detailed analysis of the riskiness of exceptional access
loans provided by the Fund, including--
(A) whether the additional interest rate surcharge is
working as intended to discourage large and prolonged use of
resources of the Fund; and
(B) whether it would be beneficial for the Fund to require
collateral when making exceptional access loans, and how
requiring collateral would affect the make-up of exceptional
access loans and the demand for such loans.
(5) A description of how the classification of loans provided
by the Fund would change if Fund quotas were increased under the
amendments to the Articles of Agreement of the Fund proposed in
resolution 66-2 of the Board of Governors of the Fund, including an
assessment of how the quota increase would affect the
classification of exceptional access loans outstanding as of the
date of the report and whether the quota increase would lead to
revisions of the classification of such loans.
(6) A discussion and analysis of lessons learned from the
lending arrangements that included the Fund, the European
Commission, and the European Central Bank (commonly referred to as
the ``Troika'') during the European debt crisis.
(7) An analysis of the risks or benefits of increasing the
transparency of the technical assistance projects of the Fund,
including a discussion of--
(A) the advantages and disadvantages of the current
technical assistance disclosure policies of the Fund;
(B) how technical assistance from the Fund could be better
used to prevent crises from happening in the future; and
(C) whether and how the Fund coordinates technical
assistance projects with other organizations, including the
United States Department of the Treasury, to avoid duplication
of efforts.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2016''.
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2016
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$108,750,000, of which not to exceed $2,734,000 shall be available for
the immediate Office of the Secretary; not to exceed $1,025,000 shall
be available for the immediate Office of the Deputy Secretary; not to
exceed $20,609,000 shall be available for the Office of the General
Counsel; not to exceed $9,941,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$13,697,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,546,000 shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $25,925,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $2,029,000
shall be available for the Office of Public Affairs; not to exceed
$1,737,000 shall be available for the Office of the Executive
Secretariat; not to exceed $1,434,000 shall be available for the Office
of Small and Disadvantaged Business Utilization; not to exceed
$10,793,000 shall be available for the Office of Intelligence,
Security, and Emergency Response; and not to exceed $16,280,000 shall
be available for the Office of the Chief Information Officer:
Provided, That the Secretary of Transportation is authorized to
transfer funds appropriated for any office of the Office of the
Secretary to any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers: Provided
further, That notice of any change in funding greater than 5 percent
shall be submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000 shall be
for allocation within the Department for official reception and
representation expenses as the Secretary may determine: Provided
further, That notwithstanding any other provision of law, excluding
fees authorized in Public Law 107-71, there may be credited to this
appropriation up to $2,500,000 in funds received in user fees:
Provided further, That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public Affairs:
Provided further, That not later than 60 days after the date of
enactment of this Act, the Secretary of Transportation shall transmit
to Congress the final Comprehensive Truck Size and Weight Limits Study,
as required by section 32801 of Public Law 112-141.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $13,000,000, of which $8,218,000
shall remain available until September 30, 2018: Provided, That there
may be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training:
Provided further, That any reference in law, regulation, judicial
proceedings, or elsewhere to the Research and Innovative Technology
Administration shall continue to be deemed to be a reference to the
Office of the Assistant Secretary for Research and Technology of the
Department of Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$500,000,000, to remain available through September 30, 2019:
Provided, That the Secretary of Transportation shall distribute funds
provided under this heading as discretionary grants to be awarded to a
State, local government, transit agency, or a collaboration among such
entities on a competitive basis for projects that will have a
significant impact on the Nation, a metropolitan area, or a region:
Provided further, That projects eligible for funding provided under
this heading shall include, but not be limited to, highway or bridge
projects eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title 49, United
States Code; passenger and freight rail transportation projects; and
port infrastructure investments (including inland port infrastructure
and land ports of entry): Provided further, That the Secretary may use
up to 20 percent of the funds made available under this heading for the
purpose of paying the subsidy and administrative costs of projects
eligible for Federal credit assistance under chapter 6 of title 23,
United States Code, if the Secretary finds that such use of the funds
would advance the purposes of this paragraph: Provided further, That
in distributing funds provided under this heading, the Secretary shall
take such measures so as to ensure an equitable geographic distribution
of funds, an appropriate balance in addressing the needs of urban and
rural areas, and the investment in a variety of transportation modes:
Provided further, That a grant funded under this heading shall be not
less than $5,000,000 and not greater than $100,000,000: Provided
further, That not more than 20 percent of the funds made available
under this heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for which an
expenditure is made under this heading shall be, at the option of the
recipient, up to 80 percent: Provided further, That the Secretary
shall give priority to projects that require a contribution of Federal
funds in order to complete an overall financing package: Provided
further, That not less than 20 percent of the funds provided under this
heading shall be for projects located in rural areas: Provided
further, That for projects located in rural areas, the minimum grant
size shall be $1,000,000 and the Secretary may increase the Federal
share of costs above 80 percent: Provided further, That projects
conducted using funds provided under this heading must comply with the
requirements of subchapter IV of chapter 31 of title 40, United States
Code: Provided further, That the Secretary shall conduct a new
competition to select the grants and credit assistance awarded under
this heading: Provided further, That the Secretary may retain up to
$20,000,000 of the funds provided under this heading, and may transfer
portions of those funds to the Administrators of the Federal Highway
Administration, the Federal Transit Administration, the Federal
Railroad Administration and the Maritime Administration, to fund the
award and oversight of grants and credit assistance made under the
National Infrastructure Investments program.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $5,000,000, to remain available through September 30, 2017.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
implementation of enhanced security controls on network devices, and
enhancement of cyber security workforce training tools, $8,000,000, to
remain available through September 30, 2017.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,678,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $8,500,000: Provided, That
of such amount, $2,500,000 shall be for necessary expenses to establish
an Interagency Infrastructure Permitting Improvement Center (IIPIC)
that will implement reforms to improve interagency coordination and the
expediting of projects related to the permitting and environmental
review of major transportation infrastructure projects including one-
time expenses to develop and deploy information technology tools to
track project schedules and metrics and improve the transparency and
accountability of the permitting process: Provided further, That there
may be transferred to this appropriation, to remain available until
expended, amounts from other Federal agencies for expenses incurred
under this heading for IIPIC activities not related to transportation
infrastructure: Provided further, That the tools and analysis
developed by the IIPIC shall be available to other Federal agencies for
the permitting and review of major infrastructure projects not related
to transportation only to the extent that other Federal agencies
provide funding to the Department as provided for under the previous
proviso.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $190,039,000 shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided further,
That no assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House and
Senate Committees on Appropriations and are approved by such
Committees.
minority business resource center program
For the cost of guaranteed loans, $336,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available
to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $18,367,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, $597,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,084,000, to remain available until September
30, 2017: Provided, That notwithstanding 49 U.S.C. 332, these funds
may be used for business opportunities related to any mode of
transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $175,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in
determining between or among carriers competing to provide service to a
community, the Secretary may consider the relative subsidy requirements
of the carriers: Provided further, That basic essential air service
minimum requirements shall not include the 15-passenger capacity
requirement under subsection 41732(b)(3) of title 49, United States
Code: Provided further, That none of the funds in this Act or any
other Act shall be used to enter into a new contract with a community
located less than 40 miles from the nearest small hub airport before
the Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be distributed for
the essential air service program under subsection 41742(b) of title
49, United States Code, shall be made available immediately from
amounts otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may reimburse
such amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for Congressional
notification.
Sec. 102. Notwithstanding section 3324 of title 31, United States
Code, in addition to authority provided by section 327 of title 49,
United States Code, the Department's Working Capital Fund is hereby
authorized to provide payments in advance to vendors that are necessary
to carry out the Federal transit pass transportation fringe benefit
program under Executive Order 13150 and section 3049 of Public Law 109-
59: Provided, That the Department shall include adequate safeguards in
the contract with the vendors to ensure timely and high-quality
performance under the contract.
Sec. 103. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Credit
Council, including the agenda for each meeting, and require the Credit
Council to record the decisions and actions of each meeting.
Sec. 104. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
hereby authorized to provide partial or full payments in advance and
accept subsequent reimbursements from all Federal agencies for transit
benefit distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program under
Executive Order No. 13150 and section 3049 of Public Law 109-59:
Provided, That the Department shall maintain a reasonable operating
reserve in the Working Capital Fund, to be expended in advance to
provide uninterrupted transit benefits to Government employees,
provided that such reserve will not exceed one month of benefits
payable: Provided further, that such reserve may be used only for the
purpose of providing for the continuation of transit benefits, provided
that the Working Capital Fund will be fully reimbursed by each customer
agency for the actual cost of the transit benefit.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, lease or purchase of passenger motor vehicles for replacement
only, in addition to amounts made available by Public Law 112-95,
$9,909,724,000 of which $7,922,000,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $7,505,293,000
shall be available for air traffic organization activities; not to
exceed $1,258,411,000 shall be available for aviation safety
activities; not to exceed $17,800,000 shall be available for commercial
space transportation activities; not to exceed $760,500,000 shall be
available for finance and management activities; not to exceed
$60,089,000 shall be available for NextGen and operations planning
activities; not to exceed $100,880,000 shall be available for security
and hazardous materials safety; and not to exceed $206,751,000 shall be
available for staff offices: Provided, That not to exceed 2 percent of
any budget activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 2 percent: Provided further, That any transfer in excess of
2 percent shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section: Provided further, That not later than March 31 of each fiscal
year hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to the
report submitted to Congress in December 2004 pursuant to section 221
of Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after March 31
that such report has not been submitted to the Congress: Provided
further, That not later than March 31 of each fiscal year hereafter,
the Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after March 31 that such report has
not been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be
available for new applicants for the second career training program:
Provided further, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or implement any
regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $154,400,000 shall be
for the contract tower program, including the contract tower cost share
program: Provided further, That none of the funds in this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That not later than 60 days after enactment of this
Act, the Administrator shall review and update the agency's ``Community
Involvement Manual'' related to new air traffic procedures, public
outreach and community involvement: Provided further, That the
Administrator shall complete and implement a plan which enhances
community involvement techniques and proactively addresses concerns
associated with performance based navigation projects: Provided
further, That the Administrator shall transmit, in electronic format,
the community involvement manual and plan to the House and Senate
Committees on Appropriations, the House Committee on Transportation and
Infrastructure, and the Senate Committee on Commerce, Science and
Transportation not later than 180 days after enactment of this Act.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,855,000,000, of which $470,049,000 shall remain available until
September 30, 2016, and $2,384,951,000 shall remain available until
September 30, 2018: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national airspace
systems: Provided further, That no later than March 31, the Secretary
of Transportation shall transmit to the Congress an investment plan for
the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2017 through 2021, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget:
Provided further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after March 31 that such report has
not been submitted to Congress.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $166,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2018: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,600,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2016, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding section
47109(a) of title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) for subgrants or paragraph
(3) of that section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor received a
grant in fiscal year 2011 for the construction project: Provided
further, That notwithstanding any other provision of law, of funds
limited under this heading, not more than $107,100,000 shall be
obligated for administration, not less than $15,000,000 shall be
available for the Airport Cooperative Research Program, not less than
$31,000,000 shall be available for Airport Technology Research, and
$5,000,000, to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and Expenses'' to
carry out the Small Community Air Service Development Program:
Provided further, That in addition to airports eligible under section
41743 of title 49, such program may include the participation of an
airport that serves a community or consortium that is not larger than a
small hub airport, according to FAA hub classifications effective at
the time the Office of the Secretary issues a request for proposals.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2016.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition
of funds in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require airport
sponsors to provide land without cost to the FAA for air traffic
control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. The Secretary shall apportion to the sponsor of an
airport that received scheduled or unscheduled air service from a large
certified air carrier (as defined in part 241 of title 14 Code of
Federal Regulations, or such other regulations as may be issued by the
Secretary under the authority of section 41709) an amount equal to the
minimum apportionment specified in 49 U.S.C. 47114(c), if the Secretary
determines that airport had more than 10,000 passenger boardings in the
preceding calendar year, based on data submitted to the Secretary under
part 241 of title 14, Code of Federal Regulations.
Sec. 117. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal Aviation
Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
Sec. 118. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number from any
display of the Federal Aviation Administration's Aircraft Situational
Display to Industry data that is made available to the public, except
data made available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 119. None of the funds in this Act shall be available for
salaries and expenses of more than nine political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119A. None of the funds made available under this Act may be
used to increase fees pursuant to section 44721 of title 49, United
States Code, until the FAA provides to the House and Senate Committees
on Appropriations a report that justifies all fees related to
aeronautical navigation products and explains how such fees are
consistent with Executive Order 13642.
Sec. 119B. None of the funds in this Act may be used to close a
regional operations center of the Federal Aviation Administration or
reduce its services unless the Administrator notifies the House and
Senate Committees on Appropriations not less than 90 full business days
in advance.
Sec. 119C. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $425,752,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration. In addition, not to exceed
$3,248,000 shall be transferred to the Appalachian Regional Commission
in accordance with section 104 of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of Federal-aid
highway and highway safety construction programs authorized under
titles 23 and 49, United States Code, and the provisions of the Fixing
America's Surface Transportation Act shall not exceed total obligations
of $42,361,000,000 for fiscal year 2016: Provided, That the Secretary
may collect and spend fees, as authorized by title 23, United States
Code, to cover the costs of services of expert firms, including
counsel, in the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and all or a
portion of the costs to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available until
expended to pay for such costs: Provided further, That such amounts
are in addition to administrative expenses that are also available for
such purpose, and are not subject to any obligation limitation or the
limitation on administrative expenses under section 608 of title 23,
United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $43,100,000,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2016, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for Federal-
aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code; and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation for
Federal-aid highways that is equal to the unobligated balance of
amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or apportioned
by the Secretary under sections 202 or 204 of title 23, United
States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs
(1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal year),
less the aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by the
Secretary under the Fixing America's Surface Transportation Act and
title 23, United States Code, or apportioned by the Secretary under
sections 202 or 204 of that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under paragraph
(4), for Federal-aid highway and highway safety construction
programs that are apportioned by the Secretary under title 23,
United States Code (other than the amounts apportioned for the
National Highway Performance Program in section 119 of title 23,
United States Code, that are exempt from the limitation under
subsection (b)(12) and the amounts apportioned under sections 202
and 204 of that title) in the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act of
1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation authority
was made available under the Transportation Equity Act for the 21st
Century (112 Stat. 107) or subsequent Acts for multiple years or to
remain available until expended, but only to the extent that the
obligation authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (as in effect
for fiscal years 2005 through 2012, but only in an amount equal to
$639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
1248), to the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation;
and
(12) section 119 of title 23, United States Code (but, for each
of fiscal years 2013 through 2016, only in an amount equal to
$639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot be
obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during
that fiscal year, giving priority to those States having large
unobligated balances of funds apportioned under sections 144 (as in
effect on the day before the date of enactment of Public Law 112-
141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried out
under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface Transportation
Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding funds
authorized for the program under section 202 of title 23, United
States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under section
204 of title 23, United States Code), and will not be available
for obligation, for such fiscal year because of the imposition
of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1) in
the same proportion as the distribution of obligation authority
under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds in this Act to the Department of
Transportation may be used to provide credit assistance unless not less
than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary of Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but
not be limited to, the name of the project sponsor; a description of
the project; whether credit assistance will be provided as a direct
loan, loan guarantee, or line of credit; and the amount of credit
assistance.
Sec. 124. Section 127 of title 23, United States Code, is
amended--
(1) in each of subsections (a)(11)(A) and (B) by striking
``through December 31, 2031'', and
(2) by inserting at the end the following:
``(t) Vehicles in Idaho.--A vehicle limited or prohibited under
this section from operating on a segment of the Interstate System in
the State of Idaho may operate on such a segment if such vehicle-
``(1) has a gross vehicle weight of 129,000 pounds or less;
``(2) other than gross vehicle weight, complies with the single
axle, tandem axle, and bridge formula limits set forth in
subsection (a); and
``(3) is authorized to operate on such segment under Idaho
State law.''.
Sec. 125. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation, provided that the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this section
and submits a quarterly report to the Secretary identifying the
projects to which the funding would be applied. Notwithstanding the
original period of availability of funds to be obligated under this
section, such funds and associated obligation limitation shall remain
available for obligation for a period of 3 fiscal years after the
fiscal year in which the Secretary of Transportation is notified. The
Federal share of the cost of a project carried out with funds made
available under this section shall be the same as associated with the
earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule XLIV
of the Standing Rules of the Senate, identified in a prior law,
report, or joint explanatory statement, which was authorized to be
appropriated or appropriated more than 10 fiscal years prior to the
fiscal year in which this Act becomes effective, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives identified in a prior law,
report, or joint explanatory statement, which was authorized to be
appropriated or appropriated more than 10 fiscal years prior to the
fiscal year in which this Act becomes effective, and administered
by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of the effective date of
this Act, and shall be applied to projects within the same general
geographic area within 50 miles for which the funding was designated,
except that a State or territory may apply such authority to unexpended
balances of funds from projects or activities the State or territory
certifies have been closed and for which payments have been made under
a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter to the
House and Senate Committees on Appropriations.
Sec. 126. Notwithstanding any other provision of law, the amount
that the Secretary sets aside for fiscal year 2016 under section
130(e)(1) of title 23, United States Code, for the elimination of
hazards and the installation of protective devices at railway-highway
crossings shall be $350,000,000.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31110(a)-(c) of title 49, United States
Code, and section 4134 of Public Law 109-59, as amended by Public Law
112-141, as amended by the Fixing America's Surface Transportation Act,
$267,400,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration, the sum of
which shall remain available until expended: Provided, That funds
available for implementation, execution or administration of motor
carrier safety operations and programs authorized under title 49,
United States Code, shall not exceed total obligations of $267,400,000
for ``Motor Carrier Safety Operations and Programs'' for fiscal year
2016, of which $9,000,000, to remain available for obligation until
September 30, 2018, is for the research and technology program, and of
which $34,545,000, to remain available for obligation until September
30, 2018, is for information management: Provided further, That
$1,000,000 shall be made available for commercial motor vehicle
operator grants to carry out section 4134 of Public Law 109-59, as
amended by Public Law 112-141, as amended by the Fixing America's
Surface Transportation Act.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, as amended by
Public Law 112-141, as amended by the Fixing America's Surface
Transportation Act, $313,000,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account) and to remain available
until expended: Provided, That funds available for the implementation
or execution of motor carrier safety programs shall not exceed total
obligations of $313,000,000 in fiscal year 2016 for ``Motor Carrier
Safety Grants''; of which $218,000,000 shall be available for the motor
carrier safety assistance program, $30,000,000 shall be available for
commercial driver's license program improvement grants, $32,000,000
shall be available for border enforcement grants, $5,000,000 shall be
available for performance and registration information system
management grants, $25,000,000 shall be available for the commercial
vehicle information systems and networks deployment program, and
$3,000,000 shall be available for safety data improvement grants:
Provided further, That, of the funds made available herein for the
motor carrier safety assistance program, $32,000,000 shall be available
for audits of new entrant motor carriers.
administrative provisions--federal motor carrier safety administration
Sec. 130. (a) Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of Public
Law 107-87 and section 6901 of Public Law 110-28.
(b) Section 350(d) of the Department of Transportation and Related
Agencies Appropriation Act, 2002 (Public Law 107-87) is hereby
repealed.
Sec. 131. The Federal Motor Carrier Safety Administration shall
send notice of 49 CFR section 385.308 violations by certified mail,
registered mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the violations.
Sec. 132. None of the funds limited or otherwise made available
under this Act, or any other Act, hereafter, shall be used by the
Secretary to enforce any regulation prohibiting a State from issuing a
commercial learner's permit to individuals under the age of eighteen if
the State had a law authorizing the issuance of commercial learner's
permits to individuals under eighteen years of age as of May 9, 2011.
Sec. 133. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to implement,
administer, or enforce sections 395.3(c) and 395.3(d) of title 49, Code
of Federal Regulations, and such section shall have no force or effect
on submission of the final report issued by the Secretary, as required
by section 133 of division K of Public Law 113-235, unless the
Secretary and the Inspector General of the Department of Transportation
each review and determine that the final report--
(1) meets the statutory requirements set forth in such section;
and
(2) establishes that commercial motor vehicle drivers who
operated under the restart provisions in effect between July 1,
2013, and the day before the date of enactment of such Public Law
demonstrated statistically significant improvement in all outcomes
related to safety, operator fatigue, driver health and longevity,
and work schedules, in comparison to commercial motor vehicle
drivers who operated under the restart provisions in effect on June
30, 2013.
Sec. 134. None of the funds limited or otherwise made available
under the heading ``Motor Carrier Safety Operations and Programs'' may
be used to deny an application to renew a Hazardous Materials Safety
Program permit for a motor carrier based on that carrier's Hazardous
Materials Out-of-Service rate, unless the carrier has the opportunity
to submit a written description of corrective actions taken, and other
documentation the carrier wishes the Secretary to consider, including
submitting a corrective action plan, and the Secretary determines the
actions or plan is insufficient to address the safety concerns that
resulted in that Hazardous Materials Out-of-Service rate.
Sec. 135. None of the funds made available by this Act or previous
appropriations Acts under the heading ``Motor Carrier Safety Operations
and Programs'' shall be used to pay for costs associated with design,
development, testing, or implementation of a wireless roadside
inspection program until 180 days after the Secretary of Transportation
certifies to the House and Senate Committees on Appropriations that
such program does not conflict with existing non-Federal electronic
screening systems, create capabilities already available, or require
additional statutory authority to incorporate generated inspection data
into safety determinations or databases, and has restrictions to
specifically address privacy concerns of affected motor carriers and
operators: Provided, That nothing in this section shall be construed
as affecting the Department's ongoing research efforts in this area.
Sec. 136. Section 13506(a) of title 49, United States Code, is
amended:
(1) in subsection (14) by striking ``or'';
(2) in subsection (15) by striking ``.'' and inserting ``;
or''; and
(3) by inserting at the end, ``(16) the transportation of
passengers by 9 to 15 passenger motor vehicles operated by youth or
family camps that provide recreational or educational
activities.''.
Sec. 137. (a) In General.--Section 31112(c)(5) of title 49, United
States Code, is amended--
(1) by striking ``Nebraska may'' and inserting ``Nebraska and
Kansas may''; and
(2) by striking ``the State of Nebraska'' and inserting ``the
relevant state''.
(b) Conforming and Technical Amendments.--Section 31112(c) of such
title is amended--
(1) by striking the subsection designation and heading and
inserting the following:
``(c) Special Rules for Wyoming, Ohio, Alaska, Iowa, Nebraska, and
Kansas.--'';
(2) by striking ``; and'' at the end of paragraph (3) and
inserting a semicolon; and
(3) by striking the period at the end of paragraph (4) and
inserting ``; and''.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code,
$152,800,000, of which $20,000,000 shall remain available through
September 30, 2017.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, and chapter 303 of title 49, United States Code,
$142,900,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until expended:
Provided, That none of the funds in this Act shall be available for the
planning or execution of programs the total obligations for which, in
fiscal year 2016, are in excess of $142,900,000, of which $137,800,000
shall be for programs authorized under 23 U.S.C. 403 and $5,100,000
shall be for the National Driver Register authorized under chapter 303
of title 49, United States Code: Provided further, That within the
$142,900,000 obligation limitation for operations and research,
$20,000,000 shall remain available until September 30, 2017, and shall
be in addition to the amount of any limitation imposed on obligations
for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America's Surface Transportation Act, to remain available until
expended, $573,332,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account): Provided, That none of the
funds in this Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year 2016, are in
excess of $573,332,000 for programs authorized under 23 U.S.C. 402,
404, and 405, and section 4001(a)(6) of the Fixing America's Surface
Transportation Act, of which $243,500,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402; $274,700,000 shall be for ``National
Priority Safety Programs'' under 23 U.S.C. 405; $29,300,000 shall be
for ``High Visibility Enforcement Program'' under 23 U.S.C. 404;
$25,832,000 shall be for ``Administrative Expenses'' under section
4001(a)(6) of the Fixing America's Surface Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as described in
subsection (d) of that section) shall be available for technical
assistance to the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(1)(G), any amounts
transferred to increase the amounts made available under section 402
shall include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and Senate
Committees on Appropriations of any exercise of the authority granted
under the previous proviso or under 23 U.S.C. 405(a)(1)(G) within five
days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. None of the funds made available by this Act may be used
to obligate or award funds for the National Highway Traffic Safety
Administration's National Roadside Survey.
Sec. 143. None of the funds made available by this Act may be used
to mandate global positioning system (GPS) tracking in private
passenger motor vehicles without providing full and appropriate
consideration of privacy concerns under 5 U.S.C. chapter 5, subchapter
II.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $199,000,000, of which $15,900,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$39,100,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended, such authority to exist as long as any such direct
loan or loan guarantee is outstanding. Provided, That pursuant to
section 502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for the credit
risk premium during fiscal year 2016.
railroad safety grants
For necessary expenses related to railroad safety grants,
$50,000,000, to remain available until expended, of which not to exceed
$25,000,000 shall be available to carry out 49 U.S.C. 20167, as in
effect the day before the enactment of the Passenger Rail Reform and
Investment Act of 2015 (division A, title XI of the Fixing America's
Surface Transportation Act); and not to exceed $25,000,000 shall be
made available to carry out 49 U.S.C. 20158.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation, in amounts based on the
Secretary's assessment of the Corporation's seasonal cash flow
requirements, for the operation of intercity passenger rail, as
authorized by section 101 of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110-432), as in
effect the day before the enactment of the Passenger Rail Reform and
Investment Act of 2015 (division A, title XI of the Fixing America's
Surface Transportation Act), $288,500,000, to remain available until
expended: Provided, That the amounts available under this paragraph
shall be available for the Secretary to approve funding to cover
operating losses for the Corporation only after receiving and reviewing
a grant request for each specific train route: Provided further, That
each such grant request shall be accompanied by a detailed financial
analysis, revenue projection, and capital expenditure projection
justifying the Federal support to the Secretary's satisfaction:
Provided further, That not later than 60 days after enactment of this
Act, the Corporation shall transmit, in electronic format, to the
Secretary and the House and Senate Committees on Appropriations the
annual budget, business plan, the 5-Year Financial Plan for fiscal year
2016 required under section 204 of the Passenger Rail Investment and
Improvement Act of 2008 and the comprehensive fleet plan for all Amtrak
rolling stock: Provided further, That the budget, business plan and
the 5-Year Financial Plan shall include annual information on the
maintenance, refurbishment, replacement, and expansion for all Amtrak
rolling stock consistent with the comprehensive fleet plan: Provided
further, That the Corporation shall provide monthly performance reports
in an electronic format which shall describe the work completed to
date, any changes to the business plan, and the reasons for such
changes as well as progress against the milestones and target dates of
the 2012 performance improvement plan: Provided further, That the
Corporation's budget, business plan, 5-Year Financial Plan, semiannual
reports, monthly reports, comprehensive fleet plan and all supplemental
reports or plans comply with requirements in Public Law 112-55:
Provided further, That none of the funds provided in this Act may be
used to support any route on which Amtrak offers a discounted fare of
more than 50 percent off the normal peak fare: Provided further, That
the preceding proviso does not apply to routes where the operating loss
as a result of the discount is covered by a State and the State
participates in the setting of fares.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for capital investments as
authorized by sections 101(c), 102, and 219(b) of the Passenger Rail
Investment and Improvement Act of 2008 (division B of Public Law 110-
432), as in effect the day before the enactment of the Passenger Rail
Reform and Investment Act of 2015 (division A, title XI of the Fixing
America's Surface Transportation Act), $1,101,500,000, to remain
available until expended, of which not to exceed $160,200,000 shall be
for debt service obligations as authorized by section 102 of such Act:
Provided, That of the amounts made available under this heading, not
less than $50,000,000 shall be made available to bring Amtrak-served
facilities and stations into compliance with the Americans with
Disabilities Act: Provided further, That after an initial distribution
of up to $200,000,000, which shall be used by the Corporation as a
working capital account, all remaining funds shall be provided to the
Corporation only on a reimbursable basis: Provided further, That of
the amounts made available under this heading, up to $50,000,000 may be
used by the Secretary to subsidize operating losses of the Corporation
should the funds provided under the heading ``Operating Grants to the
National Railroad Passenger Corporation'' be insufficient to meet
operational costs for fiscal year 2016: Provided further, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under this heading to fund the costs of project management and
oversight of activities authorized by subsections 101(a) and 101(c) of
division B of Public Law 110-432, of which up to $500,000 may be
available for technical assistance for States, the District of
Columbia, and other public entities responsible for the implementation
of section 209 of division B of Public Law 110-432: Provided further,
That the Secretary shall approve funding for capital expenditures,
including advance purchase orders of materials, for the Corporation
only after receiving and reviewing a grant request for each specific
capital project justifying the Federal support to the Secretary's
satisfaction: Provided further, That except as otherwise provided
herein, none of the funds under this heading may be used to subsidize
operating losses of the Corporation: Provided further, That none of
the funds under this heading may be used for capital projects not
approved by the Secretary of Transportation or on the Corporation's
fiscal year 2016 business plan: Provided further, That in addition to
the project management oversight funds authorized under section 101(d)
of division B of Public Law 110-432, the Secretary may retain up to an
additional $3,000,000 of the funds provided under this heading to fund
expenses associated with implementing section 212 of division B of
Public Law 110-432, including the amendments made by section 212 to
section 24905 of title 49, United States Code: Provided further, That
Amtrak shall conduct a business case analysis on capital investments
that exceed $10,000,000 in life-cycle costs: Provided further, That
each contract for a capital acquisition that exceeds $10,000,000 in
life-cycle costs shall state that funding is subject to the
availability of appropriated funds provided by an appropriations Act.
administrative provisions--federal railroad administration
(including rescissions)
Sec. 150. The Secretary of Transportation may receive and expend
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United
States Government owned automated track inspection cars and equipment
as a result of third-party liability for such damages, and any amounts
collected under this section shall be credited directly to the Safety
and Operations account of the Federal Railroad Administration, and
shall remain available until expended for the repair, operation and
maintenance of automated track inspection cars and equipment in
connection with the automated track inspection program.
Sec. 151. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: Provided, That the President
of Amtrak may waive the cap set in the previous proviso for specific
employees when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system: Provided
further, That the President of Amtrak shall report to the House and
Senate Committees on Appropriations each quarter of the calendar year
on waivers granted to employees and amounts paid above the cap for each
month within such quarter and delineate the reasons each waiver was
granted: Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations by March 1, 2016,
a summary of all overtime payments incurred by the Corporation for 2015
and the three prior calendar years: Provided further, That such
summary shall include the total number of employees that received
waivers and the total overtime payments the Corporation paid to those
employees receiving waivers for each month for 2015 and for the three
prior calendar years.
Sec. 152. Of the unobligated balances of funds available to the
Federal Railroad Administration from the ``Railroad Research and
Development'' account, $1,960,000 is permanently rescinded: Provided,
That such amounts are made available to enable the Secretary of
Transportation to assist Class II and Class III railroads with eligible
projects pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210),
as amended: Provided further, That such funds shall be available for
applicant expenses in preparing to apply and applying for direct loans
and loan guarantees: Provided further, That these funds shall remain
available until expended.
Sec. 153. Of the unobligated balances of funds available to the
Federal Railroad Administration, the following funds are hereby
rescinded: $5,000,000 of the unobligated balances of funds made
available to fund expenses associated with implementing section 212 of
division B of Public Law 110-432 in the Capital and Debt Service Grants
to the National Railroad Passenger Corporation account of the
Consolidated and Further Continuing Appropriations Act, 2015; and
$14,163,385 of the unobligated balances of funds made available from
the following accounts in the specified amounts--``Grants to the
National Railroad Passenger Corporation'', $267,019; ``Next Generation
High-Speed Rail'', $4,944,504; ``Rail Line Relocation and Improvement
Program'', $2,241,385; and ``Safety and Operations'', $6,710,477:
Provided, That such amounts are made available to enable the Secretary
of Transportation to make grants to the National Railroad Passenger
Corporation as authorized by section 101(c) of the Passenger Rail
Investment and Improvement Act of 2008 (division B of Public Law 110-
432) for state-of-good-repair backlog and infrastructure improvements
on Northeast Corridor shared-use infrastructure identified in the
Northeast Corridor Infrastructure and Operations Advisory Commission's
approved 5-year capital plan: Provided further, That these funds shall
remain available until expended and shall be available for grants in an
amount not to exceed 50 percent of the total project cost, with the
required matching funds to be provided consistent with the Commission's
cost allocation policy.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $108,000,000, of which not more than $6,500,000 shall be
available to carry out the provisions of 49 U.S.C. 5329 and not less
than $1,000,000 shall be available to carry out the provisions of 49
U.S.C. 5326: Provided, That none of the funds provided or limited in
this Act may be used to create a permanent office of transit security
under this heading: Provided further, That upon submission to the
Congress of the fiscal year 2017 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on New
Starts, including proposed allocations for fiscal year 2017.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
and section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,400,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for
the implementation or execution of programs authorized under 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339,
and 5340, as amended by the Fixing America's Surface Transportation
Act, and section 20005(b) of Public Law 112-141, and section 3006(b) of
the Fixing America's Surface Transportation Act, shall not exceed total
obligations of $9,347,604,639 in fiscal year 2016.
capital investment grants
For necessary expenses to carry out 49 U.S.C. 5309, $2,177,000,000,
to remain available until expended.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to approving such
grants, the Secretary shall certify that the Washington Metropolitan
Area Transit Authority is making progress to improve its safety
management system in response to the Federal Transit Administration's
2015 safety management inspection: Provided further, That prior to
approving such grants, the Secretary shall certify that the Washington
Metropolitan Area Transit Authority is making progress toward full
implementation of the corrective actions identified in the 2014
Financial Management Oversight Review Report: Provided further, That
the Secretary shall determine that the Washington Metropolitan Area
Transit Authority has placed the highest priority on those investments
that will improve the safety of the system before approving such
grants: Provided further, That the Secretary, in order to ensure
safety throughout the rail system, may waive the requirements of
section 601(e)(1) of title VI of Public Law 110-432 (112 Stat. 4968).
administrative provisions--federal transit administration
(including rescission)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Fixed Guideway
Capital Investment'' of the Federal Transit Administration for projects
specified in this Act or identified in reports accompanying this Act
not obligated by September 30, 2020, and other recoveries, shall be
directed to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2015, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. Notwithstanding any other provision of law, none of the
funds made available in this Act shall be used to enter into a full
funding grant agreement for a project with a New Starts share greater
than 60 percent.
Sec. 164. (a) Loss of Eligibility.--Except as provided in
subsection (b), none of the funds in this or any other Act may be
available to advance in any way a new light or heavy rail project
towards a full funding grant agreement as defined by 49 U.S.C. 5309 for
the Metropolitan Transit Authority of Harris County, Texas if the
proposed capital project is constructed on or planned to be constructed
on Richmond Avenue west of South Shepherd Drive or on Post Oak
Boulevard north of Richmond Avenue in Houston, Texas.
(b) Exception for a New Election.--The Metropolitan Transit
Authority of Harris County, Texas, may attempt to construct or
construct a new fixed guideway capital project, including light rail,
in the locations referred to in subsection (a) if--
(1) voters in the jurisdiction that includes such locations
approve a ballot proposition that specifies routes on Richmond
Avenue west of South Shepherd Drive or on Post Oak Boulevard north
of Richmond Avenue in Houston, Texas; and
(2) the proposed construction of such routes is part of a
comprehensive, multi-modal, service-area wide transportation plan
that includes multiple additional segments of fixed guideway
capital projects, including light rail for the jurisdiction set
forth in the ballot proposition. The ballot language shall include
reasonable cost estimates, sources of revenue to be used and the
total amount of bonded indebtedness to be incurred as well as a
description of each route and the beginning and end point of each
proposed transit project.
Sec. 165. Of the unobligated amounts made available for fiscal
year 2012 or prior fiscal years to carry out the discretionary bus and
bus facilities and new fixed guideway capital projects programs under
49 U.S.C. 5309 and the discretionary job access and reverse commute
program under section 3037 of the Transportation Equity Act for the
21st Century, $25,397,797 is hereby rescinded.
Sec. 166. Until September 15, 2016, the Secretary may not enforce
regulations related to charter bus service under part 604 of title 49,
Code of Federal Regulations, for any transit agency that, during fiscal
year 2008 was both initially granted a 60-day period to come into
compliance with part 604, and then was subsequently granted an
exception from said part: Provided, That notwithstanding 49 U.S.C.
5323(t), such transit agency may receive its allocation of urbanized
area formula funds apportioned in accordance with 49 U.S.C. 5336.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities of those portions of the St. Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence Seaway
Development Corporation, $28,400,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $210,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $171,155,000, of which $22,000,000 shall remain
available until expended for maintenance and repair of training ships
at State Maritime Academies, and of which $5,000,000 shall remain
available until expended for National Security Multi-Mission Vessel
design for State Maritime Academies and National Security, and of which
$2,400,000 shall remain available through September 30, 2017, for the
Student Incentive Program at State Maritime Academies, and of which
$1,200,000 shall remain available until expended for training ship fuel
assistance payments, and of which $18,000,000 shall remain available
until expended for facilities maintenance and repair, equipment, and
capital improvements at the United States Merchant Marine Academy, and
of which $3,000,000 shall remain available through September 30, 2017,
for Maritime Environment and Technology Assistance grants, contracts,
and cooperative agreement, and of which $5,000,000 shall remain
available until expended for the Short Sea Transportation Program
(America's Marine Highways) to make grants for the purposes provided in
title 46 sections 55601(b)(1) and 55601(b)(3): Provided, That amounts
apportioned for the United States Merchant Marine Academy shall be
available only upon allotments made personally by the Secretary of
Transportation or the Assistant Secretary for Budget and Programs:
Provided further, That the Superintendent, Deputy Superintendent and
the Director of the Office of Resource Management of the United States
Merchant Marine Academy may not be allotment holders for the United
States Merchant Marine Academy, and the Administrator of the Maritime
Administration shall hold all allotments made by the Secretary of
Transportation or the Assistant Secretary for Budget and Programs under
the previous proviso: Provided further, That 50 percent of the funding
made available for the United States Merchant Marine Academy under this
heading shall be available only after the Secretary, in consultation
with the Superintendent and the Maritime Administrator, completes a
plan detailing by program or activity how such funding will be expended
at the Academy, and this plan is submitted to the House and Senate
Committees on Appropriations: Provided further, That not later than
January 12, 2016, the Administrator of the Maritime Administration
shall transmit to the House and Senate Committees on Appropriations the
annual report on sexual assault and sexual harassment at the United
States Merchant Marine Academy as required pursuant to section 3507 of
Public Law 110-417.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, as amended by Public Law 113-
281, $5,000,000 to remain available until expended: Provided, That the
Secretary shall issue the Notice of Funding Availability no later than
15 days after enactment of this Act: Provided further, That from
applications submitted under the previous proviso, the Secretary of
Transportation shall make grants no later than 120 days after enactment
of this Act in such amounts as the Secretary determines: Provided
further, That not to exceed 2 percent of the funds appropriated under
this heading shall be available for necessary costs of grant
administration.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$5,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized, $8,135,000, of
which $5,000,000 shall remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That not to exceed $3,135,000 shall be
available for administrative expenses to carry out the guaranteed loan
program, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime
Administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Sec. 171. None of the funds available or appropriated in this Act
shall be used by the United States Department of Transportation or the
United States Maritime Administration to negotiate or otherwise
execute, enter into, facilitate or perform fee-for-service contracts
for vessel disposal, scrapping or recycling, unless there is no
qualified domestic ship recycler that will pay any sum of money to
purchase and scrap or recycle a vessel owned, operated or managed by
the Maritime Administration or that is part of the National Defense
Reserve Fleet: Provided, That such sales offers must be consistent
with the solicitation and provide that the work will be performed in a
timely manner at a facility qualified within the meaning of section
3502 of Public Law 106-398: Provided further, That nothing contained
herein shall affect the Maritime Administration's authority to award
contracts at least cost to the Federal Government and consistent with
the requirements of 54 U.S.C. 308704, section 3502, or otherwise
authorized under the Federal Acquisition Regulation.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $21,000,000: Provided, That no later
than 90 days after the date of enactment of this Act, the Secretary of
Transportation shall initiate a rulemaking to expand the applicability
of comprehensive oil spill response plans, and shall issue a final rule
no later than one year after the date of enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $55,619,000, of which $7,570,000 shall remain available
until September 30, 2018: Provided, That up to $800,000 in fees
collected under 49 U.S.C. 5108(g) shall be deposited in the general
fund of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$146,623,000, of which $22,123,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30,
2018; and of which $124,500,000 shall be derived from the Pipeline
Safety Fund, of which $59,835,000 shall remain available until
September 30, 2018: Provided, That not less than $1,058,000 of the
funds provided under this heading shall be for the One-Call state grant
program: Provided further, That not less than $1,000,000 of the funds
provided under this heading shall be for the finalization and
implementation of rules required under section 60102(n) of title 49,
United States Code, and section 8(b)(3) of the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (49 U.S.C. 60108
note; 125 Stat. 1911).
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carryout 49 U.S.C. 5128(b), $188,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2017: Provided, That notwithstanding the fiscal
year limitation specified in 49 U.S.C. 5116, not more than $28,318,000
shall be made available for obligation in fiscal year 2016 from amounts
made available by 49 U.S.C. 5116(h), and 5128(b) and (c): Provided
further, That notwithstanding 49 U.S.C. 5116(h)(4), not more than 4
percent of the amounts made available from this account shall be
available to pay administrative costs: Provided further, That none of
the funds made available by 49 U.S.C. 5116(h), 5128(b), or 5128(c)
shall be made available for obligation by individuals other than the
Secretary of Transportation, or his or her designee: Provided further,
That notwithstanding 49 U.S.C. 5128(b) and (c) and the current year
obligation limitation, prior year recoveries recognized in the current
year shall be available to develop a hazardous materials response
training curriculum for emergency responders, including response
activities for the transportation of crude oil, ethanol and other
flammable liquids by rail, consistent with National Fire Protection
Association standards, and to make such training available through an
electronic format: Provided further, That the prior year recoveries
made available under this heading shall also be available to carry out
49 U.S.C. 5116(a)(1)(C) and 5116(i).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $87,472,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation: Provided further, That the funds
made available under this heading may be used to investigate, pursuant
to section 41712 of title 49, United States Code: (1) unfair or
deceptive practices and unfair methods of competition by domestic and
foreign air carriers and ticket agents; and (2) the compliance of
domestic and foreign air carriers with respect to item (1) of this
proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $32,375,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2016, to
result in a final appropriation from the general fund estimated at no
more than $31,125,000.
General Provisions--Department of Transportation
Sec. 180. During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. None of the funds in this Act shall be available for
salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 183. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. None of the funds in this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, or grant unless the Secretary of Transportation notifies the
House and Senate Committees on Appropriations not less than 3 full
business days before any project competitively selected to receive a
discretionary grant award, any discretionary grant award, letter of
intent, loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement totaling $750,000 or more
is announced by the department or its modal administrations from--
(1) any discretionary grant or federal credit program of the
Federal Highway Administration including the emergency relief
program;
(2) the airport improvement program of the Federal Aviation
Administration;
(3) any program of the Federal Railroad Administration;
(4) any program of the Federal Transit Administration other
than the formula grants and fixed guideway modernization programs;
(5) any program of the Maritime Administration; or
(6) any funding provided under the headings ``National
Infrastructure Investments'' in this Act:
Provided, That the Secretary gives concurrent notification to the
House and Senate Committees on Appropriations for any ``quick release''
of funds from the emergency relief program: Provided further, That no
notification shall involve funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the Department
of Transportation in recovering improper payments; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Improper Payments Information Act of 2002: Provided, That
amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with the
improper payment or payments is not readily available, the
Secretary may credit an appropriate account, which shall be
available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts: Provided
further, That prior to the transfer of any such recovery to an
appropriations account, the Secretary shall notify the House
and Senate Committees on Appropriations of the amount and
reasons for such transfer: Provided further, That for purposes
of this section, the term ``improper payments'' has the same
meaning as that provided in section 2(d)(2) of Public Law 107-
300.
Sec. 188. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of said reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and said reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 189. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board of the Department of Transportation to charge or collect any
filing fee for rate or practice complaints filed with the Board in an
amount in excess of the amount authorized for district court civil suit
filing fees under section 1914 of title 28, United States Code.
Sec. 190. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable modal administration or
administrations.
Sec. 191. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 192. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49
U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other
hiring preference not otherwise authorized by law, except for such
preferences authorized in this Act, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal Highway
Administration or Federal Transit Administration grant from imposing
such hiring preference on a contract or construction project with which
the Department of Transportation is assisting, only if the grant
recipient certifies the following:
(1) that except with respect to apprentices or trainees, a pool
of readily available but unemployed individuals possessing the
knowledge, skill, and ability to perform the work that the contract
requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy such
hiring preference; and
(3) that any increase in the cost of labor, training, or delays
resulting from the use of such hiring preference does not delay or
displace any transportation project in the applicable Statewide
Transportation Improvement Program or Transportation Improvement
Program.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2016''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $13,800,000:
Provided, That not to exceed $25,000 of the amount made available under
this heading shall be available to the Secretary for official reception
and representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $559,100,000, of which $79,000,000 shall be available for the
Office of the Chief Financial Officer; $94,500,000 shall be available
for the Office of the General Counsel; $207,600,000 shall be available
for the Office of Administration; $56,300,000 shall be available for
the Office of the Chief Human Capital Officer; $51,500,000 shall be
available for the Office of Field Policy and Management; $17,200,000
shall be available for the Office of the Chief Procurement Officer;
$3,300,000 shall be available for the Office of Departmental Equal
Employment Opportunity; $4,500,000 shall be available for the Office of
Strategic Planning and Management; and $45,200,000 shall be available
for the Office of the Chief Information Officer: Provided, That funds
provided under this heading may be used for necessary administrative
and non-administrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be used for
advertising and promotional activities that directly support program
activities funded in this title: Provided further, That the Secretary
shall provide the House and Senate Committees on Appropriations
quarterly written notification regarding the status of pending
congressional reports: Provided further, That the Secretary shall
provide in electronic form all signed reports required by Congress.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public and
Indian Housing, $205,500,000.
community planning and development
For necessary salaries and expenses of the Office of Community
Planning and Development, $104,800,000.
housing
For necessary salaries and expenses of the Office of Housing,
$375,000,000.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $23,100,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair Housing
and Equal Opportunity, $72,000,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead Hazard
Control and Healthy Homes, $7,000,000.
working capital fund
(including transfer of funds)
There is hereby established in the United States Treasury, pursuant
to section 7(f) of the Department of Housing and Urban Development Act
(42 U.S.C. 3535(f)), a working capital fund for the Department of
Housing and Urban Development (referred to in this paragraph as the
``Fund''): Provided, That amounts transferred to the Fund under this
heading shall be available for Federal shared services used by offices
and agencies of the Department, and for such portion of any office or
agency's printing, records management, space renovation, furniture, or
supply services as the Secretary determines shall be derived from
centralized sources made available by the Department to all offices and
agencies and funded through the Fund: Provided further, That of the
amounts made available in this title for salaries and expenses under
the headings ``Executive Offices'', ``Administrative Support Offices'',
``Program Office Salaries and Expenses'', and ``Government National
Mortgage Association'', the Secretary shall transfer to the Fund such
amounts, to remain available until expended, as are necessary to fund
services, specified in the first proviso, for which the appropriation
would otherwise have been available, and may transfer not to exceed an
additional $10,000,000, in aggregate, from all such appropriations, to
be merged with the Fund and to remain available until expended for use
for any office or agency: Provided further, That amounts in the Fund
shall be the only amounts available to each office or agency of the
Department for the services, or portion of services, specified in the
first proviso: Provided further, That with respect to the Fund, the
authorities and conditions under this heading shall supplant the
authorities and conditions provided under section 7(f) of the
Department of Housing and Urban Development Act.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $15,628,525,000, to remain available until
expended, shall be available on October 1, 2015 (in addition to the
$4,000,000,000 previously appropriated under this heading that shall be
available on October 1, 2015), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2016: Provided, That
the amounts made available under this heading are provided as follows:
(1) $17,681,451,000 shall be available for renewals of expiring
section 8 tenant-based annual contributions contracts (including
renewals of enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act) and
including renewal of other special purpose incremental vouchers:
Provided, That notwithstanding any other provision of law, from
amounts provided under this paragraph and any carryover, the
Secretary for the calendar year 2016 funding cycle shall provide
renewal funding for each public housing agency based on validated
voucher management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as established by
the Secretary, by notice published in the Federal Register, and by
making any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection, HOPE VI, and Choice Neighborhoods vouchers:
Provided further, That in determining calendar year 2016 funding
allocations under this heading for public housing agencies,
including agencies participating in the Moving To Work (MTW)
demonstration, the Secretary may take into account the anticipated
impact of changes in targeting and utility allowances, on public
housing agencies' contract renewal needs: Provided further, That
none of the funds provided under this paragraph may be used to fund
a total number of unit months under lease which exceeds a public
housing agency's authorized level of units under contract, except
for public housing agencies participating in the MTW demonstration,
which are instead governed by the terms and conditions of their MTW
agreements: Provided further, That the Secretary shall, to the
extent necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this paragraph),
prorate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further, That
except as provided in the following provisos, the entire amount
specified under this paragraph (except as otherwise modified under
this paragraph) shall be obligated to the public housing agencies
based on the allocation and pro rata method described above, and
the Secretary shall notify public housing agencies of their annual
budget by the latter of 60 days after enactment of this Act or
March 1, 2016: Provided further, That the Secretary may extend the
notification period with the prior written approval of the House
and Senate Committees on Appropriations: Provided further, That
public housing agencies participating in the MTW demonstration
shall be funded pursuant to their MTW agreements and shall be
subject to the same pro rata adjustments under the previous
provisos: Provided further, That the Secretary may offset public
housing agencies' calendar year 2016 allocations based on the
excess amounts of public housing agencies' net restricted assets
accounts, including HUD held programmatic reserves (in accordance
with VMS data in calendar year 2015 that is verifiable and
complete), as determined by the Secretary: Provided further, That
public housing agencies participating in the MTW demonstration
shall also be subject to the offset, as determined by the
Secretary, excluding amounts subject to the single fund budget
authority provisions of their MTW agreements, from the agencies'
calendar year 2016 MTW funding allocation: Provided further, That
the Secretary shall use any offset referred to in the previous two
provisos throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further, That
up to $75,000,000 shall be available only: (1) for adjustments in
the allocations for public housing agencies, after application for
an adjustment by a public housing agency that experienced a
significant increase, as determined by the Secretary, in renewal
costs of vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for vouchers that
were not in use during the previous 12-month period in order to be
available to meet a commitment pursuant to section 8(o)(13) of the
Act; (3) for adjustments for costs associated with HUD-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers; and (4) for public
housing agencies that despite taking reasonable cost savings
measures, as determined by the Secretary, would otherwise be
required to terminate rental assistance for families as a result of
insufficient funding: Provided further, That the Secretary shall
allocate amounts under the previous proviso based on need, as
determined by the Secretary;
(2) $130,000,000 shall be for section 8 rental assistance for
relocation and replacement of housing units that are demolished or
disposed of pursuant to section 18 of the Act, conversion of
section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement or
prosecution agency, enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act, HOPE VI
and Choice Neighborhood vouchers, mandatory and voluntary
conversions, and tenant protection assistance including replacement
and relocation assistance or for project-based assistance to
prevent the displacement of unassisted elderly tenants currently
residing in section 202 properties financed between 1959 and 1974
that are refinanced pursuant to Public Law 106-569, as amended, or
under the authority as provided under this Act: Provided, That
when a public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may provide
section 8 rental assistance when the units pose an imminent health
and safety risk to residents: Provided further, That the Secretary
may only provide replacement vouchers for units that were occupied
within the previous 24 months that cease to be available as
assisted housing, subject only to the availability of funds:
Provided further, That of the amounts made available under this
paragraph, $5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the result
of: (A) the maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to loan
prepayment; (B) the expiration of a rental assistance contract for
which the tenants are not eligible for enhanced voucher or tenant
protection assistance under existing law; or (C) the expiration of
affordability restrictions accompanying a mortgage or preservation
program administered by the Secretary: Provided further, That such
tenant protection assistance made available under the previous
proviso may be provided under the authority of section 8(t) or
section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)): Provided further, That any tenant protection
voucher made available from amounts under this paragraph shall not
be reissued by any public housing agency, except the replacement
vouchers as defined by the Secretary by notice, when the initial
family that received any such voucher no longer receives such
voucher, and the authority for any public housing agency to issue
any such voucher shall cease to exist: Provided further, That the
Secretary, for the purpose under this paragraph, may use
unobligated balances, including recaptures and carryovers,
remaining from amounts appropriated in prior fiscal years under
this heading for voucher assistance for nonelderly disabled
families and for disaster assistance made available under Public
Law 110-329;
(3) $1,650,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section 8
tenant-based rental assistance program, of which up to $10,000,000
shall be available to the Secretary to allocate to public housing
agencies that need additional funds to administer their section 8
programs, including fees associated with section 8 tenant
protection rental assistance, the administration of disaster
related vouchers, Veterans Affairs Supportive Housing vouchers, and
other special purpose incremental vouchers: Provided, That no less
than $1,640,000,000 of the amount provided in this paragraph shall
be allocated to public housing agencies for the calendar year 2016
funding cycle based on section 8(q) of the Act (and related
Appropriation Act provisions) as in effect immediately before the
enactment of the Quality Housing and Work Responsibility Act of
1998 (Public Law 105-276): Provided further, That if the amounts
made available under this paragraph are insufficient to pay the
amounts determined under the previous proviso, the Secretary may
decrease the amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this paragraph
or may, to the extent necessary to provide full payment of amounts
determined under the previous proviso, utilize unobligated
balances, including recaptures and carryovers, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, excluding special
purpose vouchers, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements, and shall be subject to
the same uniform percentage decrease as under the previous proviso:
Provided further, That amounts provided under this paragraph shall
be only for activities related to the provision of tenant-based
rental assistance authorized under section 8, including related
development activities;
(4) $107,074,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and other
expenses of public housing agencies in administering the special
purpose vouchers in this paragraph shall be funded under the same
terms and be subject to the same pro rata reduction as the percent
decrease for administrative and other expenses to public housing
agencies under paragraph (3) of this heading;
(5) $60,000,000 for incremental rental voucher assistance for
use through a supported housing program administered in conjunction
with the Department of Veterans Affairs as authorized under section
8(o)(19) of the United States Housing Act of 1937: Provided, That
the Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 204 (competition
provision) of this title, to public housing agencies that partner
with eligible VA Medical Centers or other entities as designated by
the Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public housing
agency administrative performance, and other factors as specified
by the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for (in consultation
with the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with the
use of funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary
that any such waivers or alternative requirements are necessary for
the effective delivery and administration of such voucher
assistance: Provided further, That assistance made available under
this paragraph shall continue to remain available for homeless
veterans upon turn-over; and
(6) the Secretary shall separately track all special purpose
vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2016 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) (the ``Act'') $1,900,000,000, to remain available until
September 30, 2019: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2016, the Secretary of Housing
and Urban Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for Public and
Indian Housing any authority under paragraph (2) of section 9(j)
regarding the extension of the time periods under such section:
Provided further, That for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future: Provided further, That up to $3,000,000 shall be to
support ongoing Public Housing Financial and Physical Assessment
activities: Provided further, That up to $1,000,000 shall be to
support the costs of administrative and judicial receiverships:
Provided further, That of the total amount provided under this heading,
not to exceed $21,500,000 shall be available for the Secretary to make
grants, notwithstanding section 204 of this Act, to public housing
agencies for emergency capital needs including safety and security
measures necessary to address crime and drug-related activity as well
as needs resulting from unforeseen or unpreventable emergencies and
natural disasters excluding Presidentially declared emergencies and
natural disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2016:
Provided further, That of the amount made available under the previous
proviso, not less than $5,000,000 shall be for safety and security
measures: Provided further, That of the total amount provided under
this heading $35,000,000 shall be for supportive services, service
coordinator and congregate services as authorized by section 34 of the
Act (42 U.S.C. 1437z-6) and the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided
further, That of the total amount made available under this heading,
$15,000,000 shall be for a Jobs-Plus initiative modeled after the Jobs-
Plus demonstration: Provided further, That the funding provided under
the previous proviso shall provide competitive grants to partnerships
between public housing authorities, local workforce investment boards
established under section 117 of the Workforce Investment Act of 1998,
and other agencies and organizations that provide support to help
public housing residents obtain employment and increase earnings:
Provided further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce investment
boards, and leverage service dollars: Provided further, That the
Secretary may allow public housing agencies to request exemptions from
rent and income limitation requirements under sections 3 and 6 of the
United States Housing Act of 1937 as necessary to implement the Jobs-
Plus program, on such terms and conditions as the Secretary may approve
upon a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective implementation of the
Jobs-Plus initiative as a voluntary program for residents: Provided
further, That the Secretary shall publish by notice in the Federal
Register any waivers or alternative requirements pursuant to the
preceding proviso no later than 10 days before the effective date of
such notice: Provided further, That for funds provided under this
heading, the limitation in section 9(g)(1) of the Act shall be 25
percent: Provided further, That the Secretary may waive the limitation
in the previous proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act: Provided
further, That the Secretary shall notify public housing agencies
requesting waivers under the previous proviso if the request is
approved or denied within 14 days of submitting the request: Provided
further, That from the funds made available under this heading, the
Secretary shall provide bonus awards in fiscal year 2016 to public
housing agencies that are designated high performers: Provided
further, That the Department shall notify public housing agencies of
their formula allocation within 60 days of enactment of this Act.
public housing operating fund
For 2016 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,500,000,000,
to remain available until September 30, 2017.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $125,000,000, to remain available until September 30, 2018:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall undertake comprehensive local planning
with input from residents and the community, and that grantees shall
provide a match in State, local, other Federal or private funds:
Provided further, That grantees may include local governments, tribal
entities, public housing authorities, and nonprofits: Provided
further, That for-profit developers may apply jointly with a public
entity: Provided further, That for purposes of environmental review, a
grantee shall be treated as a public housing agency under section 26 of
the United States Housing Act of 1937 (42 U.S.C. 1437x), and grants
under this heading shall be subject to the regulations issued by the
Secretary to implement such section: Provided further, That of the
amount provided, not less than $75,000,000 shall be awarded to public
housing agencies: Provided further, That such grantees shall create
partnerships with other local organizations including assisted housing
owners, service agencies, and resident organizations: Provided
further, That the Secretary shall consult with the Secretaries of
Education, Labor, Transportation, Health and Human Services,
Agriculture, and Commerce, the Attorney General, and the Administrator
of the Environmental Protection Agency to coordinate and leverage other
appropriate Federal resources: Provided further, That no more than
$5,000,000 of funds made available under this heading may be provided
to assist communities in developing comprehensive strategies for
implementing this program or implementing other revitalization efforts
in conjunction with community notice and input: Provided further, That
the Secretary shall develop and publish guidelines for the use of such
competitive funds, including but not limited to eligible activities,
program requirements, and performance metrics: Provided further, That
unobligated balances, including recaptures, remaining from funds
appropriated under the heading ``Revitalization of Severely Distressed
Public Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal years
may be used for purposes under this heading, notwithstanding the
purposes for which such amounts were appropriated.
family self-sufficiency
For the Family Self-Sufficiency program to support family self-
sufficiency coordinators under section 23 of the United States Housing
Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8(o) and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency, $75,000,000, to
remain available until September 30, 2017: Provided, That the
Secretary may, by Federal Register notice, waive or specify alternative
requirements under sections b(3), b(4), b(5), or c(1) of section 23 of
such Act in order to facilitate the operation of a unified self-
sufficiency program for individuals receiving assistance under
different provisions of the Act, as determined by the Secretary:
Provided further, That owners of a privately owned multifamily property
with a section 8 contract may voluntarily make a Family Self-
Sufficiency program available to the assisted tenants of such property
in accordance with procedures established by the Secretary: Provided
further, That such procedures established pursuant to the previous
proviso shall permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners to use funding
from residual receipt accounts to hire coordinators for their own
Family Self-Sufficiency program.
native american housing block grants
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$650,000,000, to remain available until September 30, 2020: Provided,
That, notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for each
Indian tribe shall be the greater of the two resulting allocation
amounts: Provided further, That of the amounts made available under
this heading, $3,500,000 shall be contracted for assistance for
national or regional organizations representing Native American housing
interests for providing training and technical assistance to Indian
housing authorities and tribally designated housing entities as
authorized under NAHASDA: Provided further, That of the funds made
available under the previous proviso, not less than $2,000,000 shall be
made available for a national organization as authorized under section
703 of NAHASDA (25 U.S.C. 4212): Provided further, That of the amounts
made available under this heading, $2,000,000 shall be to support the
inspection of Indian housing units, contract expertise, training, and
technical assistance in the training, oversight, and management of such
Indian housing and tenant-based assistance: Provided further, That of
the amount provided under this heading, $2,000,000 shall be made
available for the cost of guaranteed notes and other obligations, as
authorized by title VI of NAHASDA: Provided further, That such costs,
including the costs of modifying such notes and other obligations,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to exceed
$17,452,007: Provided further, That the Department will notify
grantees of their formula allocation within 60 days of the date of
enactment of this Act: Provided further, notwithstanding section
302(d) of NAHASDA, if on January 1, 2016, a recipient's total amount of
undisbursed block grants in the Department's line of credit control
system is greater than three times the formula allocation it would
otherwise receive under this heading, the Secretary shall adjust that
recipient's formula allocation down by the difference between its total
amount of undisbursed block grants in the Department's line of credit
control system on January 1, 2016, and three times the formula
allocation it would otherwise receive: Provided further, That grant
amounts not allocated to a recipient pursuant to the previous proviso
shall be allocated under the need component of the formula
proportionately among all other Indian tribes not subject to an
adjustment: Provided further, That the two previous provisos shall not
apply to any Indian tribe that would otherwise receive a formula
allocation of less than $8,000,000: Provided further, That to take
effect, the three previous provisos do not require issuance or
amendment of any regulation, and shall not be construed to confer
hearing rights under any section of NAHASDA or its implementing
regulations.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $7,500,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, up to
$1,190,476,190, to remain available until expended: Provided further,
That up to $750,000 of this amount may be for administrative contract
expenses including management processes and systems to carry out the
loan guarantee program.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $335,000,000, to remain available until September 30,
2017, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30, 2018: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(3)
of such Act from funds made available under this heading in fiscal year
2010 and prior fiscal years that meet all program requirements before
awarding funds for new contracts under such section: Provided further,
That the Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $3,060,000,000, to remain available until September 30,
2018, unless otherwise specified: Provided, That of the total amount
provided, $3,000,000,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (``the Act'' herein) (42 U.S.C.
5301 et seq.): Provided further, That unless explicitly provided for
under this heading, not to exceed 20 percent of any grant made with
funds appropriated under this heading shall be expended for planning
and management development and administration: Provided further, That
a metropolitan city, urban county, unit of general local government, or
Indian tribe, or insular area that directly or indirectly receives
funds under this heading may not sell, trade, or otherwise transfer all
or any portion of such funds to another such entity in exchange for any
other funds, credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act: Provided
further, That notwithstanding section 105(e)(1) of the Act, no funds
provided under this heading may be provided to a for-profit entity for
an economic development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with guidelines
required under subparagraph (e)(2): Provided further, That none of the
funds made available under this heading may be used for grants for the
Economic Development Initiative (``EDI'') or Neighborhood Initiatives
activities, Rural Innovation Fund, or for grants pursuant to section
107 of the Housing and Community Development Act of 1974 (42 U.S.C.
5307): Provided further, That the Department shall notify grantees of
their formula allocation within 60 days of enactment of this Act:
Provided further, That of the total amount provided under this heading
$60,000,000 shall be for grants to Indian tribes notwithstanding
section 106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 204 of this Act), up to $4,000,000
may be used for emergencies that constitute imminent threats to health
and safety.
community development loan guarantees program account
(including rescission)
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2016, commitments to guarantee loans under section
108 of the Housing and Community Development Act of 1974 (42 U.S.C.
5308), any part of which is guaranteed, shall not exceed a total
principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That all
unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading are hereby permanently rescinded.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $950,000,000, to remain available until September 30, 2019:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act shall not apply to allocations of such amount:
Provided further, That the requirements under provisos 2 through 6
under this heading for fiscal year 2012 and such requirements
applicable pursuant to the ``Full-Year Continuing Appropriations Act,
2013'', shall not apply to any project to which funds were committed on
or after August 23, 2013, but such projects shall instead be governed
by the Final Rule titled ``Home Investment Partnerships Program;
Improving Performance and Accountability; Updating Property Standards''
which became effective on such date: Provided further, That with
respect to funds made available under this heading pursuant to such Act
and funds provided in prior and subsequent appropriations acts that
were or are used by community land trusts for the development of
affordable homeownership housing pursuant to section 215(b) of such
Act, such community land trusts, notwithstanding section 215(b)(3)(A)
of such Act, may hold and exercise purchase options, rights of first
refusal or other preemptive rights to purchase the housing to preserve
affordability, including but not limited to the right to purchase the
housing in lieu of foreclosure: Provided further, That the Department
shall notify grantees of their formula allocation within 60 days of
enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended, $50,000,000, to remain available
until September 30, 2018: Provided, That of the total amount provided
under this heading, $10,000,000 shall be made available to the Self-
Help and Assisted Homeownership Opportunity Program as authorized under
section 11 of the Housing Opportunity Program Extension Act of 1996, as
amended: Provided further, That of the total amount provided under
this heading, $35,000,000 shall be made available for the second,
third, and fourth capacity building activities authorized under section
4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of
which not less than $5,000,000 shall be made available for rural
capacity building activities: Provided further, That of the total
amount provided under this heading, $5,000,000 shall be made available
for capacity building by national rural housing organizations with
experience assessing national rural conditions and providing financing,
training, technical assistance, information, and research to local
nonprofits, local governments and Indian Tribes serving high need rural
communities: Provided further, That an additional $5,700,000, to
remain available until expended, shall be for a program to rehabilitate
and modify homes of disabled or low-income veterans as authorized under
section 1079 of Public Law 113-291.
homeless assistance grants
For the Emergency Solutions Grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the Continuum of Care program as authorized under subtitle
C of title IV of such Act; and the Rural Housing Stability Assistance
program as authorized under subtitle D of title IV of such Act,
$2,250,000,000, to remain available until September 30, 2018:
Provided, That any rental assistance amounts that are recaptured under
such Continuum of Care program shall remain available until expended:
Provided further, That not less than $250,000,000 of the funds
appropriated under this heading shall be available for such Emergency
Solutions Grants program: Provided further, That not less than
$1,918,000,000 of the funds appropriated under this heading shall be
available for such Continuum of Care and Rural Housing Stability
Assistance programs: Provided further, That up to $7,000,000 of the
funds appropriated under this heading shall be available for the
national homeless data analysis project: Provided further, That all
funds awarded for supportive services under the Continuum of Care
program and the Rural Housing Stability Assistance program shall be
matched by not less than 25 percent in cash or in kind by each grantee:
Provided further, That for all match requirements applicable to funds
made available under this heading for this fiscal year and prior years,
a grantee may use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal agencies unless
there is (or was) a specific statutory prohibition on any such use of
any such funds: Provided further, That the Secretary shall establish
system performance measures for which each continuum of care shall
report baseline outcomes, and that relative to fiscal year 2015, under
the Continuum of Care competition with respect to funds made available
under this heading, the Secretary shall base an increasing share of the
score on performance criteria: Provided further, That none of the
funds provided under this heading shall be available to provide funding
for new projects, except for projects created through reallocation,
unless the Secretary determines that the continuum of care has
demonstrated that projects are evaluated and ranked based on the degree
to which they improve the continuum of care's system performance:
Provided further, That the Secretary shall prioritize funding under the
Continuum of Care program to continuums of care that have demonstrated
a capacity to reallocate funding from lower performing projects to
higher performing projects: Provided further, That all awards of
assistance under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health, social
services, and employment programs for which homeless populations may be
eligible: Provided further, That with respect to funds provided under
this heading for the Continuum of Care program for fiscal years 2013,
2014, 2015, and 2016 provision of permanent housing rental assistance
may be administered by private nonprofit organizations: Provided
further, That any unobligated amounts remaining from funds appropriated
under this heading in fiscal year 2012 and prior years for project-
based rental assistance for rehabilitation projects with 10-year grant
terms may be used for purposes under this heading, notwithstanding the
purposes for which such funds were appropriated: Provided further,
That all balances for Shelter Plus Care renewals previously funded from
the Shelter Plus Care Renewal account and transferred to this account
shall be available, if recaptured, for Continuum of Care renewals in
fiscal year 2016: Provided further, That the Department shall notify
grantees of their formula allocation from amounts allocated (which may
represent initial or final amounts allocated) for the Emergency
Solutions Grant program within 60 days of enactment of this Act:
Provided further, That up to $33,000,000 of the funds appropriated
under this heading shall be to implement projects to demonstrate how a
comprehensive approach to serving homeless youth, age 24 and under, in
up to 10 communities, including at least four rural communities, can
dramatically reduce youth homelessness: Provided further, That such
projects shall be eligible for renewal under the Continuum of Care
program subject to the same terms and conditions as other renewal
applicants: Provided further, That up to $5,000,000 of the funds
appropriated under this heading shall be available to provide technical
assistance on youth homelessness, and collection, analysis, and
reporting of data and performance measures under the comprehensive
approaches to serve homeless youth, in addition to and in coordination
with other technical assistance funds provided under this title:
Provided further, That youth aged 24 and under seeking assistance under
this heading shall not be required to provide third party documentation
to establish their eligibility under 42 U.S.C. 11302(a) or (b) to
receive services: Provided further, That unaccompanied youth aged 24
and under or families headed by youth aged 24 and under who are living
in unsafe situations may be served by youth-serving providers funded
under this heading: Provided further, That the Secretary may use
amounts made available under this heading for the Continuum of Care
program to renew a grant originally awarded pursuant to the matter
under the heading ``Department of Housing and Urban Development--
Permanent Supportive Housing'' in chapter 6 of title III of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 Stat.
2351) for assistance under subtitle F of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11403 et seq.): Provided further,
That such renewal grant shall be awarded to the same grantee and be
subject to the provisions of such Continuum of Care program except that
the funds may be used outside the geographic area of the continuum of
care.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$10,220,000,000, to remain available until expended, shall be available
on October 1, 2015 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2015),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2016: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this paragraph: Provided further, That of the total
amounts provided under this heading, not to exceed $215,000,000 shall
be available for performance-based contract administrators for section
8 project-based assistance, for carrying out 42 U.S.C. 1437(f):
Provided further, That the Secretary of Housing and Urban Development
may also use such amounts in the previous proviso for performance-based
contract administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing Act (12
U.S.C. 1715z-1(a)); rent supplement payments pursuant to section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-1(f)(2));
project rental assistance contracts for the elderly under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project assistance
contracts pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667); and loans under section 202 of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading ``Housing
Certificate Fund'', may be used for renewals of or amendments to
section 8 project-based contracts or for performance-based contract
administrators, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That, notwithstanding any other
provision of law, upon the request of the Secretary of Housing and
Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 8 project-based Housing
Assistance Payments contract that authorizes HUD or a Housing Finance
Agency to require that surplus project funds be deposited in an
interest-bearing residual receipts account and that are in excess of an
amount to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available until
expended: Provided further, That amounts deposited pursuant to the
previous proviso shall be available in addition to the amount otherwise
provided by this heading for uses authorized under this heading.
housing for the elderly
For amendments to capital advance contracts for housing for the
elderly, as authorized by section 202 of the Housing Act of 1959, as
amended, and for project rental assistance for the elderly under
section 202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such assistance
for up to a 1-year term, and for senior preservation rental assistance
contracts, including renewals, as authorized by section 811(e) of the
American Housing and Economic Opportunity Act of 2000, as amended, and
for supportive services associated with the housing, $432,700,000 to
remain available until September 30, 2019: Provided, That of the
amount provided under this heading, up to $77,000,000 shall be for
service coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects: Provided
further, That amounts under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related activities
associated with section 202 projects: Provided further, That the
Secretary may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary of Housing and
Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 202 project rental
assistance contract, and that upon termination of such contract are in
excess of an amount to be determined by the Secretary, shall be
remitted to the Department and deposited in this account, to be
available until September 30, 2019: Provided further, That amounts
deposited in this account pursuant to the previous proviso shall be
available, in addition to the amounts otherwise provided by this
heading, for amendments and renewals: Provided further, That
unobligated balances, including recaptures and carryover, remaining
from funds transferred to or appropriated under this heading shall be
available for amendments and renewals notwithstanding the purposes for
which such funds originally were appropriated.
housing for persons with disabilities
For amendments to capital advance contracts for supportive housing
for persons with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), for
project rental assistance for supportive housing for persons with
disabilities under section 811(d)(2) of such Act and for project
assistance contracts pursuant to section 202(h) of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667), including amendments to
contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 1-year term, for project rental assistance
to State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Housing Act, and for supportive services associated with the housing
for persons with disabilities as authorized by section 811(b)(1) of
such Act, $150,600,000, to remain available until September 30, 2019:
Provided, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 811 projects: Provided
further, That, in this fiscal year, upon the request of the Secretary
of Housing and Urban Development, project funds that are held in
residual receipts accounts for any project subject to a section 811
project rental assistance contract and that upon termination of such
contract are in excess of an amount to be determined by the Secretary
shall be remitted to the Department and deposited in this account, to
be available until September 30, 2019: Provided further, That amounts
deposited in this account pursuant to the previous proviso shall be
available in addition to the amounts otherwise provided by this heading
for amendments and renewals: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be used for
amendments and renewals notwithstanding the purposes for which such
funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $47,000,000, to remain available until September
30, 2017, including up to $4,500,000 for administrative contract
services: Provided, That grants made available from amounts provided
under this heading shall be awarded within 180 days of enactment of
this Act: Provided further, That funds shall be used for providing
counseling and advice to tenants and homeowners, both current and
prospective, with respect to property maintenance, financial
management/literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting their
financial needs, and fulfilling the responsibilities of tenancy or
homeownership; for program administration; and for housing counselor
training: Provided further, That for purposes of providing such grants
from amounts provided under this heading, the Secretary may enter into
multiyear agreements as appropriate, subject to the availability of
annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided,
noninsured rental housing projects, $30,000,000, to remain available
until expended: Provided, That such amount, together with unobligated
balances from recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover, remaining
from funds appropriated under this heading after fiscal year 2005,
shall also be available for extensions of up to one year for expiring
contracts under such sections of law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $10,500,000, to remain available until expended, of
which $10,500,000 is to be derived from the Manufactured Housing Fees
Trust Fund: Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2016 so as to result
in a final fiscal year 2016 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2016
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary of Housing and Urban Development
may assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the Fund, and
the Secretary, as provided herein, may use such collections, as well as
fees collected under section 620, for necessary expenses of such Act:
Provided further, That, notwithstanding the requirements of section 620
of such Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2017: Provided, That during
fiscal year 2016, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $5,000,000: Provided further, That the foregoing
amount in the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $130,000,000,
to remain available until September 30, 2017: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2016, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $30,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2017: Provided,
That during fiscal year 2016, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $5,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $500,000,000,000, to remain available until
September 30, 2017: Provided, That $23,000,000 shall be available for
necessary salaries and expenses of the Office of Government National
Mortgage Association: Provided further, That to the extent that
guaranteed loan commitments exceed $155,000,000,000 on or before April
1, 2016, an additional $100 for necessary salaries and expenses shall
be available until expended for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts from
Commitment and Multiclass fees collected pursuant to title III of the
National Housing Act, as amended, shall be credited as offsetting
collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $85,000,000, to remain available
until September 30, 2017: Provided, That with respect to amounts made
available under this heading, notwithstanding section 204 of this
title, the Secretary may enter into cooperative agreements funded with
philanthropic entities, other Federal agencies, or State or local
governments and their agencies for research projects: Provided
further, That with respect to the previous proviso, such partners to
the cooperative agreements must contribute at least a 50 percent match
toward the cost of the project: Provided further, That for non-
competitive agreements entered into in accordance with the previous two
provisos, the Secretary of Housing and Urban Development shall comply
with section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in lieu
of compliance with section 102(a)(4)(C) with respect to documentation
of award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan, for
approval, to the House and Senate Committees on Appropriations on how
it will allocate funding for this activity.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$65,300,000, to remain available until September 30, 2017: Provided,
That notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to provide such training: Provided further,
That no funds made available under this heading shall be used to lobby
the executive or legislative branches of the Federal Government in
connection with a specific contract, grant, or loan: Provided further,
That of the funds made available under this heading, $300,000 shall be
available to the Secretary of Housing and Urban Development for the
creation and promotion of translated materials and other programs that
support the assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing and Urban
Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$110,000,000, to remain available until September 30, 2017, of which
$20,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of the law that further the purposes of such Act, a grant
under the Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts for such
purposes under this heading, shall be considered to be funds for a
special project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided further,
That of the total amount made available under this heading, $45,000,000
shall be made available on a competitive basis for areas with the
highest lead paint abatement needs: Provided further, That each
recipient of funds provided under the previous proviso shall contribute
an amount not less than 25 percent of the total: Provided further,
That each applicant shall certify adequate capacity that is acceptable
to the Secretary to carry out the proposed use of funds pursuant to a
notice of funding availability: Provided further, That amounts made
available under this heading in this or prior appropriations Acts, and
that still remain available, may be used for any purpose under this
heading notwithstanding the purpose for which such amounts were
appropriated if a program competition is undersubscribed and there are
other program competitions under this heading that are oversubscribed.
Information Technology Fund
For the development of, modifications to, and infrastructure for
Department-wide and program-specific information technology systems,
for the continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-related
maintenance activities, $250,000,000, shall remain available until
September 30, 2017: Provided, That any amounts transferred to this
Fund under this Act shall remain available until expended: Provided
further, That any amounts transferred to this Fund from amounts
appropriated by previously enacted appropriations Acts may be used for
the purposes specified under this Fund, in addition to any other
information technology purposes for which such amounts were
appropriated.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$126,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2016 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Sections 203 and 209 of division C of Public Law 112-55
(125 Stat. 693-694) shall apply during fiscal year 2016 as if such
sections were included in this title, except that during such fiscal
year such sections shall be applied by substituting ``fiscal year
2016'' for ``fiscal year 2011'' and for ``fiscal year 2012'' each place
such terms appear, and shall be amended to reflect revised delineations
of statistical areas established by the Office of Management and Budget
pursuant to 44 U.S.C. 3504(e)(3), 31 U.S.C. 1104(d), and Executive
Order No. 10253.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 206. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2016 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 208. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 209. The President's formal budget request for fiscal year
2017, as well as the Department of Housing and Urban Development's
congressional budget justifications to be submitted to the Committees
on Appropriations of the House of Representatives and the Senate, shall
use the identical account and sub-account structure provided under this
Act.
Sec. 210. A public housing agency or such other entity that
administers Federal housing assistance for the Housing Authority of the
county of Los Angeles, California, and the States of Alaska, Iowa, and
Mississippi shall not be required to include a resident of public
housing or a recipient of assistance provided under section 8 of the
United States Housing Act of 1937 on the board of directors or a
similar governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or other entity
that administers Federal housing assistance under section 8 for the
Housing Authority of the county of Los Angeles, California and the
States of Alaska, Iowa and Mississippi that chooses not to include a
resident of public housing or a recipient of section 8 assistance on
the board of directors or a similar governing board shall establish an
advisory board of not less than six residents of public housing or
recipients of section 8 assistance to provide advice and comment to the
public housing agency or other administering entity on issues related
to public housing and section 8. Such advisory board shall meet not
less than quarterly.
Sec. 211. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 212. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2016 and
2017, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring
project shall be no less than when transferred to the receiving
project or projects and the net dollar amount of Federal
assistance provided to the transferring project shall remain
the same in the receiving project or projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall
notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all appropriate
local governmental officials.
(5) The tenants of the transferring project who remain eligible
for assistance to be provided by the receiving project or projects
shall not be required to vacate their units in the transferring
project or projects until new units in the receiving project are
available for occupancy.
(6) The Secretary determines that this transfer is in the best
interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any FHA-
insured mortgage lien transferred to, or placed on, such project by
the Secretary, except that the Secretary may waive this requirement
upon determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or rehabilitation
of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving project
or projects shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project
where, in either case, any use restrictions in such agreement are
of no lesser duration than the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as amended) of
any FHA-insured mortgage, except to the extent that appropriations
are provided in advance for the amount of any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall have
the meanings provided by the statute and/or regulations governing
the program under which the project is insured or assisted;
(2) the term ``multifamily housing project'' means housing that
meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market debt
restructuring under the Multifamily Assisted Housing Reform and
Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the Cranston-
Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable Housing
Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately before
October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of the
project-based assistance, debt, and statutorily required low-income
and very low-income use restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the project-
based assistance, debt, and the statutorily required low-income and
very low-income use restrictions to the receiving project or
projects; and
(6) the term ``Secretary'' means the Secretary of Housing and
Urban Development.
(e) Public Notice and Research Report.--
(1) The Secretary shall publish by notice in the Federal
Register the terms and conditions, including criteria for HUD
approval, of transfers pursuant to this section no later than 30
days before the effective date of such notice.
(2) The Secretary shall conduct an evaluation of the transfer
authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical
and financial conditions, and long-term preservation of the
affected properties.
Sec. 213. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such
section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents who,
individually or jointly, are not eligible, to receive assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, except for a
person over the age of 23 with dependent children.
Sec. 214. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title II of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 215. Notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
Secretary of Housing and Urban Development may, until September 30,
2016, insure and enter into commitments to insure mortgages under such
section 255.
Sec. 216. Notwithstanding any other provision of law, in fiscal
year 2016, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the Secretary
shall maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are attached
to any dwelling units in the property. To the extent the Secretary
determines, in consultation with the tenants and the local government,
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section
524 of the Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described under this section,
the contract and allowable rent levels on such properties shall be
subject to the requirements under section 524 of MAHRAA.
Sec. 217. The commitment authority funded by fees as provided
under the heading ``Community Development Loan Guarantees Program
Account'' may be used to guarantee, or make commitments to guarantee,
notes, or other obligations issued by any State on behalf of non-
entitlement communities in the State in accordance with the
requirements of section 108 of the Housing and Community Development
Act of 1974: Provided, That any State receiving such a guarantee or
commitment shall distribute all funds subject to such guarantee to the
units of general local government in non-entitlement areas that
received the commitment.
Sec. 218. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary of Housing and Urban
Development in connection with the operating fund rule: Provided, That
an agency seeking a discontinuance of a reduction of subsidy under the
operating fund formula shall not be exempt from asset management
requirements.
Sec. 219. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
Provided, That a public housing agency may not use capital funds
authorized under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
Sec. 220. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD sub-office under the accounts ``Executive
Offices'' and ``Administrative Support Offices,'' as well as each
account receiving appropriations for ``Program Office Salaries and
Expenses'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 221. The Secretary of the Department of Housing and Urban
Development shall, for fiscal year 2016, notify the public through the
Federal Register and other means, as determined appropriate, of the
issuance of a notice of the availability of assistance or notice of
funding availability (NOFA) for any program or discretionary fund
administered by the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year 2016, the
Secretary may make the NOFA available only on the Internet at the
appropriate Government web site or through other electronic media, as
determined by the Secretary.
Sec. 222. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as
a separate line item request. No funds provided in this title may be
used to pay any such litigation costs for attorney fees until the
Department submits for review a spending plan for such costs to the
House and Senate Committees on Appropriations.
Sec. 223. The Secretary is authorized to transfer up to 10 percent
or $4,000,000, whichever is less, of funds appropriated for any office
under the heading ``Administrative Support Offices'' or for any account
under the general heading ``Program Office Salaries and Expenses'' to
any other such office or account: Provided, That no appropriation for
any such office or account shall be increased or decreased by more than
10 percent or $4,000,000, whichever is less, without prior written
approval of the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide notification to such
Committees three business days in advance of any such transfers under
this section up to 10 percent or $4,000,000, whichever is less.
Sec. 224. The Disaster Housing Assistance Programs, administered
by the Department of Housing and Urban Development, shall be considered
a ``program of the Department of Housing and Urban Development'' under
section 904 of the McKinney Act for the purpose of income verifications
and matching.
Sec. 225. (a) The Secretary of Housing and Urban Development shall
take the required actions under subsection (b) when a multifamily
housing project with a section 8 contract or contract for similar
project-based assistance:
(1) receives a Real Estate Assessment Center (REAC) score of 30
or less; or
(2) receives a REAC score between 31 and 59 and:
(A) fails to certify in writing to HUD within 60 days that
all deficiencies have been corrected; or
(B) receives consecutive scores of less than 60 on REAC
inspections.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units
assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under section 9
of the United States Housing Act of 1937 (42 U.S.C. 1437g).
(b) The Secretary shall take the following required actions as
authorized under subsection (a):
(1) The Secretary shall notify the owner and provide an
opportunity for response within 30 days. If the violations remain,
the Secretary shall develop a Compliance, Disposition and
Enforcement Plan within 60 days, with a specified timetable for
correcting all deficiencies. The Secretary shall provide notice of
the Plan to the owner, tenants, the local government, any
mortgagees, and any contract administrator.
(2) At the end of the term of the Compliance, Disposition and
Enforcement Plan, if the owner fails to fully comply with such
plan, the Secretary may require immediate replacement of project
management with a management agent approved by the Secretary, and
shall take one or more of the following actions, and provide
additional notice of those actions to the owner and the parties
specified above:
(A) impose civil money penalties;
(B) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(C) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered; or
(D) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies.
(c) The Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
imminent major threats to health and safety after written notice to and
informed consent of the affected tenants and use of other remedies set
forth above. To the extent the Secretary determines, in consultation
with the tenants and the local government, that the property is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section
524 of the Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance. The
Secretary shall report semi-annually on all properties covered by this
section that are assessed through the Real Estate Assessment Center and
have physical inspection scores of less than 30 or have consecutive
physical inspection scores of less than 60. The report shall include:
(1) The enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times; and
(2) Actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties.
Sec. 226. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2016.
Sec. 227. None of the funds in this Act may be available for the
doctoral dissertation research grant program at the Department of
Housing and Urban Development.
Sec. 228. Section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and all
that follows through the period at the end and inserting ``fiscal
year 2016.''; and
(2) in subsection (o), by striking ``September'' and all that
follows through the period at the end and inserting ``September 30,
2016.''.
Sec. 229. None of the funds in this Act provided to the Department
of Housing and Urban Development may be used to make a grant award
unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State, locality, housing authority, tribe, nonprofit organization, or
other entity selected to receive a grant award is announced by the
Department or its offices.
Sec. 230. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 231. None of the funds made available by this Act nor any
receipts or amounts collected under any Federal Housing Administration
program may be used to implement the Homeowners Armed with Knowledge
(HAWK) program.
Sec. 232. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Administration, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 233. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 234. Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research in the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and which are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 235. Subsection (b) of section 225 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12755) is amended by adding
at the end the following new sentence: ``Such 30-day waiting period is
not required if the grounds for the termination or refusal to renew
involve a direct threat to the safety of the tenants or employees of
the housing, or an imminent and serious threat to the property (and the
termination or refusal to renew is in accordance with the requirements
of State or local law).''.
Sec. 236. None of the funds under this title may be used for
awards, including performance, special act, or spot, for any employee
of the Department of Housing and Urban Development who is subject to
administrative discipline in fiscal year 2016, including suspension
from work.
Sec. 237. The language under the heading ``Rental Assistance
Demonstration'' in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112-55) is amended:
(1) In proviso eighteen, by inserting ``for fiscal year 2012
and hereafter,'' after ``Provided further, That''; and
(2) In proviso nineteen, by striking ``, which may extend
beyond fiscal year 2016 as necessary to allow processing of all
timely applications,''.
Sec. 238. Section 526 (12 U.S.C. 1735f-4) of the National Housing
Act is amended by inserting at the end of subsection (b):
``(c) The Secretary may establish an exception to any minimum
property standard established under this section in order to address
alternative water systems, including cisterns, which meet requirements
of State and local building codes that ensure health and safety
standards.''.
Sec. 239. The Secretary of Housing and Urban Development shall
increase, pursuant to this section, the number of Moving to Work
agencies authorized under section 204, title II, of the Departments of
Veterans Affairs and Housing and Urban Development and Independent
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321)
by adding to the program 100 public housing agencies that are
designated as high performing agencies under the Public Housing
Assessment System (PHAS) or the Section Eight Management Assessment
Program (SEMAP). No public housing agency shall be granted this
designation through this section that administers in excess of 27,000
aggregate housing vouchers and public housing units. Of the agencies
selected under this section, no less than 50 shall administer 1,000 or
fewer aggregate housing voucher and public housing units, no less than
47 shall administer 1,001-6,000 aggregate housing voucher and public
housing units, and no more than 3 shall administer 6,001-27,000
aggregate housing voucher and public housing units. Of the 100 agencies
selected under this section, five shall be agencies with portfolio
awards under the Rental Assistance Demonstration that meet the other
requirements of this section, including current designations as high
performing agencies or such designations held immediately prior to such
portfolio awards. Selection of agencies under this section shall be
based on ensuring the geographic diversity of Moving to Work agencies.
In addition to the preceding selection criteria, agencies shall be
designated by the Secretary over a 7-year period. The Secretary shall
establish a research advisory committee which shall advise the
Secretary with respect to specific policy proposals and methods of
research and evaluation for the demonstration. The advisory committee
shall include program and research experts from the Department, a fair
representation of agencies with a Moving to Work designation, and
independent subject matter experts in housing policy research. For each
cohort of agencies receiving a designation under this heading, the
Secretary shall direct one specific policy change to be implemented by
the agencies, and with the approval of the Secretary, such agencies may
implement additional policy changes. All agencies designated under this
section shall be evaluated through rigorous research as determined by
the Secretary, and shall provide information requested by the Secretary
to support such oversight and evaluation, including the targeted policy
changes. Research and evaluation shall be coordinated under the
direction of the Secretary, and in consultation with the advisory
committee, and findings shall be shared broadly. The Secretary shall
consult the advisory committee with respect to policy changes that have
proven successful and can be applied more broadly to all public housing
agencies, and propose any necessary statutory changes. The Secretary
may, at the request of a Moving to Work agency and one or more adjacent
public housing agencies in the same area, designate that Moving to Work
agency as a regional agency. A regional Moving to Work agency may
administer the assistance under sections 8 and 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437f and g) for the participating
agencies within its region pursuant to the terms of its Moving to Work
agreement with the Secretary. The Secretary may agree to extend the
term of the agreement and to make any necessary changes to accommodate
regionalization. A Moving to Work agency may be selected as a regional
agency if the Secretary determines that unified administration of
assistance under sections 8 and 9 by that agency across multiple
jurisdictions will lead to efficiencies and to greater housing choice
for low-income persons in the region. For purposes of this expansion,
in addition to the provisions of the Act retained in section 204,
section 8(r)(1) of the Act shall continue to apply unless the Secretary
determines that waiver of this section is necessary to implement
comprehensive rent reform and occupancy policies subject to evaluation
by the Secretary, and the waiver contains, at a minimum, exceptions for
requests to port due to employment, education, health and safety. No
public housing agency granted this designation through this section
shall receive more funding under sections 8 or 9 of the United States
Housing Act of 1937 than it otherwise would have received absent this
designation. The Secretary shall extend the current Moving to Work
agreements of previously designated participating agencies until the
end of each such agency's fiscal year 2028 under the same terms and
conditions of such current agreements, except for any changes to such
terms or conditions otherwise mutually agreed upon by the Secretary and
any such agency and such extension agreements shall prohibit any
statutory offset of any reserve balances equal to 4 months of operating
expenses. Any such reserve balances that exceed such amount shall
remain available to any such agency for all permissible purposes under
such agreement unless subject to a statutory offset. In addition to
other reporting requirements, all Moving to Work agencies shall report
financial data to the Department of Housing and Urban Development as
specified by the Secretary, so that the effect of Moving to Work policy
changes can be measured.
Sec. 240. (a) Authority.--Subject to the conditions in subsection
(d), the Secretary of Housing and Urban Development may authorize, in
response to requests received in fiscal years 2016 through 2020, the
transfer of some or all project-based assistance, tenant-based
assistance, capital advances, debt, and statutorily required use
restrictions from housing assisted under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013) to other new
or existing housing, which may include projects, units, and other types
of housing, as permitted by the Secretary.
(b) Capital Advances.--Interest shall not be due and repayment of a
capital advance shall not be triggered by a transfer pursuant to this
section.
(c) Phased and Proportional Transfers.--
(1) Transfers under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the housing to which the assistance
is transferred, to ensure that such housing meets the conditions
under subsection (d).
(2) The capital advance repayment requirements, use
restrictions, rental assistance, and debt shall transfer
proportionally from the transferring housing to the receiving
housing.
(d) Conditions.--The transfers authorized by this section shall be
subject to the following conditions:
(1) the owner of the transferring housing shall demonstrate
that the transfer is in compliance with applicable Federal, State,
and local requirements regarding Housing for Persons with
Disabilities and shall provide the Secretary with evidence of
obtaining any approvals related to housing disabled persons that
are necessary under Federal, State, and local government
requirements;
(2) the owner of the transferring housing shall demonstrate to
the Secretary that any transfer is in the best interest of the
disabled residents by offering opportunities for increased
integration or less concentration of individuals with disabilities;
(3) the owner of the transferring housing shall continue to
provide the same number of units as approved for rental assistance
by the Secretary in the receiving housing;
(4) the owner of the transferring housing shall consult with
the disabled residents in the transferring housing about any
proposed transfer under this section and shall notify the residents
of the transferring housing who are eligible for assistance to be
provided in the receiving housing that they shall not be required
to vacate the transferring housing until the receiving housing is
available for occupancy;
(5) the receiving housing shall meet or exceed applicable
physical standards established or adopted by the Secretary; and
(6) if the receiving housing has a mortgage insured under title
II of the National Housing Act, any lien on the receiving housing
resulting from additional financing shall be subordinate to any
federally insured mortgage lien transferred to, or placed on, such
housing, except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate the
financing of acquisition, construction, or rehabilitation of the
receiving housing.
(e) Public Notice.--The Secretary shall publish a notice in the
Federal Register of the terms and conditions, including criteria for
the Department's approval of transfers pursuant to this section no
later than 30 days before the effective date of such notice.
Sec. 241. (a) Of the unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the Department of
Housing and Urban Development under the heading ``General and Special
Risk Program Account'', and for the cost of guaranteed notes and other
obligations under the heading ``Native American Housing Block Grants'',
$12,000,000 is hereby permanently rescinded.
(b) All unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing and
Urban Development under the headings ``Rural Housing and Economic
Development'', and ``Homeownership and Opportunity for People
Everywhere Grants'' are hereby permanently rescinded.
Sec. 242. Funds made available in this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized in an
appropriations Act for fiscal year 2016 as initially authorized under
section 526 of division H of Public Law 113-76 and extended under
section 524 of division G of Public Law 113-235: Provided, That such
participation shall be limited to no more than 10 continuums of care
and housing activities to improve outcomes for disconnected youth.
Sec. 243. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 and 2016 for the
Continuum of Care (CoC) program as authorized under subtitle C of title
IV of the McKinney-Vento Homeless Assistance Act, costs paid by program
income of grant recipients may count toward meeting the recipient's
matching requirements, provided the costs are eligible CoC costs that
supplement the recipients CoC program.
Sec. 244. With respect to funds appropriated under the ``Community
Development Fund'' heading for formula allocation to states pursuant to
42 U.S.C. 5306(d), the Secretary shall permit a jurisdiction to
demonstrate compliance with 42 U.S.C. 5305(c)(2)(A) if it had been
designated as majority low- and moderate-income pursuant to data from
the 2000 decennial Census and it continues to have economic distress as
evidenced by inclusion in a designated Rural Promise Zone or Distressed
County as defined by the Appalachian Regional Commission. This section
shall apply to any such state funds appropriated under such heading
under this Act, in each fiscal year from 2017 through 2020, and under
prior appropriation Acts (with respect to any such allocated but
uncommitted funds available to any such state).
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2016''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $8,023,000:
Provided, That, notwithstanding any other provision of law, there may
be credited to this appropriation funds received for publications and
training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, $25,660,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $24,499,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the President's
budget request for fiscal year 2017, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget request
for fiscal year 2017 in similar format and substance to those submitted
by executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$105,170,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $135,000,000, of
which $5,000,000 shall be for a multi-family rental housing program:
Provided, That in addition, $40,000,000 shall be made available until
expended to the Neighborhood Reinvestment Corporation for mortgage
foreclosure mitigation activities, under the following terms and
conditions:
(1) The Neighborhood Reinvestment Corporation (NRC) shall make
grants to counseling intermediaries approved by the Department of
Housing and Urban Development (HUD) (with match to be determined by
NRC based on affordability and the economic conditions of an area;
a match also may be waived by NRC based on the aforementioned
conditions) to provide mortgage foreclosure mitigation assistance
primarily to States and areas with high rates of defaults and
foreclosures to help eliminate the default and foreclosure of
mortgages of owner-occupied single-family homes that are at risk of
such foreclosure. Other than areas with high rates of defaults and
foreclosures, grants may also be provided to approved counseling
intermediaries based on a geographic analysis of the Nation by NRC
which determines where there is a prevalence of mortgages that are
risky and likely to fail, including any trends for mortgages that
are likely to default and face foreclosure. A State Housing Finance
Agency may also be eligible where the State Housing Finance Agency
meets all the requirements under this paragraph. A HUD-approved
counseling intermediary shall meet certain mortgage foreclosure
mitigation assistance counseling requirements, as determined by
NRC, and shall be approved by HUD or NRC as meeting these
requirements.
(2) Mortgage foreclosure mitigation assistance shall only be
made available to homeowners of owner-occupied homes with mortgages
in default or in danger of default. These mortgages shall likely be
subject to a foreclosure action and homeowners will be provided
such assistance that shall consist of activities that are likely to
prevent foreclosures and result in the long-term affordability of
the mortgage retained pursuant to such activity or another positive
outcome for the homeowner. No funds made available under this
paragraph may be provided directly to lenders or homeowners to
discharge outstanding mortgage balances or for any other direct
debt reduction payments.
(3) The use of mortgage foreclosure mitigation assistance by
approved counseling intermediaries and State Housing Finance
Agencies shall involve a reasonable analysis of the borrower's
financial situation, an evaluation of the current value of the
property that is subject to the mortgage, counseling regarding the
assumption of the mortgage by another non-Federal party, counseling
regarding the possible purchase of the mortgage by a non-Federal
third party, counseling and advice of all likely restructuring and
refinancing strategies or the approval of a work-out strategy by
all interested parties.
(4) NRC may provide up to 15 percent of the total funds under
this paragraph to its own charter members with expertise in
foreclosure prevention counseling, subject to a certification by
NRC that the procedures for selection do not consist of any
procedures or activities that could be construed as a conflict of
interest or have the appearance of impropriety.
(5) HUD-approved counseling entities and State Housing Finance
Agencies receiving funds under this paragraph shall have
demonstrated experience in successfully working with financial
institutions as well as borrowers facing default, delinquency and
foreclosure as well as documented counseling capacity, outreach
capacity, past successful performance and positive outcomes with
documented counseling plans (including post mortgage foreclosure
mitigation counseling), loan workout agreements and loan
modification agreements. NRC may use other criteria to demonstrate
capacity in underserved areas.
(6) Of the total amount made available under this paragraph, up
to $2,000,000 may be made available to build the mortgage
foreclosure and default mitigation counseling capacity of
counseling intermediaries through NRC training courses with HUD-
approved counseling intermediaries and their partners, except that
private financial institutions that participate in NRC training
shall pay market rates for such training.
(7) Of the total amount made available under this paragraph, up
to 5 percent may be used for associated administrative expenses for
NRC to carry out activities provided under this section.
(8) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training, as
determined by NRC.
(9) NRC shall continue to report bi-annually to the House and
Senate Committees on Appropriations as well as the Senate Banking
Committee and House Financial Services Committee on its efforts to
mitigate mortgage default.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,530,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills, and
abilities bearing directly upon the performance of official duties;
(2) contains elements likely to induce high levels of emotional
response or psychological stress in some participants;
(3) does not require prior employee notification of the content
and methods to be used in the training and written end of course
evaluation;
(4) contains any methods or content associated with religious
or quasi-religious belief systems or ``new age'' belief systems as
defined in Equal Employment Opportunity Commission Notice N-
915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2016, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress;
(4) proposes to use funds directed for a specific activity by
either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted to
the Committees on Appropriations or the table accompanying the
explanatory statement accompanying this Act, whichever is more
detailed, unless prior approval is received from the House and
Senate Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of Representatives to
establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year: Provided
further, That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's budget
request, adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in the budget
appendix for the respective appropriation; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2016 from appropriations made available for salaries
and expenses for fiscal year 2016 in this Act, shall remain available
through September 30, 2017, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 414. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 415. None of the funds made available by this Act may be used
by the Federal Transit Administration to implement, administer, or
enforce section 18.36(c)(2) of title 49, Code of Federal Regulations,
for construction hiring purposes.
Sec. 416. None of the funds made available by this Act may be used
in contravention of the 5th or 14th Amendment to the Constitution or
title VI of the Civil Rights Act of 1964.
Sec. 417. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and
Urban Development, or any other Federal agency to lease or purchase new
light duty vehicles for any executive fleet, or for an agency's fleet
inventory, except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 418. None of the funds made available by this Act may be used
in contravention of subpart E of part 5 of the regulations of the
Secretary of Housing and Urban Development (24 CFR part 5, subpart E,
relating to restrictions on assistance to noncitizens).
Sec. 419. None of the funds made available by this Act may be used
to provide financial assistance in contravention of section 214(d) of
the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(d)).
Sec. 420. For an additional amount for ``Community Planning and
Development, Community Development Fund'', $300,000,000, to remain
available until expended, for necessary expenses for activities
authorized under title I of the Housing and Community Development Act
of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term
recovery, restoration of infrastructure and housing, and economic
revitalization in the most impacted and distressed areas resulting from
a major disaster declared in 2015 pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
related to the consequences of Hurricane Joaquin and adjacent storm
systems, Hurricane Patricia, and other flood events: Provided, That
funds shall be awarded directly to the State or unit of general local
government at the discretion of the Secretary: Provided further, That
prior to the obligation of funds a grantee shall submit a plan to the
Secretary for approval detailing the proposed use of all funds,
including criteria for eligibility and how the use of these funds will
address long-term recovery and restoration of infrastructure and
housing and economic revitalization in the most impacted and distressed
areas: Provided further, That such funds may not be used for
activities reimbursable by, or for which funds are made available by,
the Federal Emergency Management Agency or the Army Corps of Engineers:
Provided further, That funds allocated under this heading shall not be
considered relevant to the non-disaster formula allocations made
pursuant to section 106 of the Housing and Community Development Act of
1974 (42 U.S.C. 5306): Provided further, That a State or subdivision
thereof may use up to five percent of its allocation for administrative
costs: Provided further, That in administering the funds under this
heading, the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), if the Secretary finds that good
cause exists for the waiver or alternative requirement and such waiver
or alternative requirement would not be inconsistent with the overall
purpose of title I of the Housing and Community Development Act of
1974: Provided further, That, notwithstanding the preceding proviso,
recipients of funds provided under this heading that use such funds to
supplement Federal assistance provided under section 402, 403, 404,
406, 407, or 502 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without
review or public comment, any environmental review, approval, or permit
performed by a Federal agency, and such adoption shall satisfy the
responsibilities of the recipient with respect to such environmental
review, approval or permit: Provided further, That, notwithstanding
section 104(g)(2) of the Housing and Community Development Act of 1974
(42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt of a request
for release of funds and certification, immediately approve the release
of funds for an activity or project assisted under this heading if the
recipient has adopted an environmental review, approval or permit under
the preceding proviso or the activity or project is categorically
excluded from review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.): Provided further, That the Secretary
shall publish via notice in the Federal Register any waiver, or
alternative requirement, to any statute or regulation that the
Secretary administers pursuant to title I of the Housing and Community
Development Act of 1974 no later than five days before the effective
date of such waiver or alternative requirement: Provided further, That
of the amounts made available under this section, up to $1,000,000 may
be transferred to ``Program Office Salaries and Expenses, Community
Planning and Development'' for necessary costs, including information
technology costs, of administering and overseeing funds made available
under this heading: Provided further, That amounts provided under this
section shall be designated by Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 421. Effective as of December 4, 2015, and as if included
therein as enacted, section 1408 of the Fixing America's Surface
Transportation Act (Public Law 114-94) is amended by adding at the end
the following:
``(c) Applicability.--The amendment made by subsection (b) shall
apply to projects to repair or reconstruct facilities damaged as a
result of a natural disaster or catastrophic failure described in
section 125(a) of title 23, United States Code, occurring on or after
October 1, 2015.''.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2016''.
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2016''.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Explanatory statement.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Clarification regarding authority for flexible personnel
management among elements of intelligence community.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Provision of information and assistance to Inspector General
of the Intelligence Community.
Sec. 304. Inclusion of Inspector General of Intelligence Community in
Council of Inspectors General on Integrity and Efficiency.
Sec. 305. Clarification of authority of Privacy and Civil Liberties
Oversight Board.
Sec. 306. Enhancing government personnel security programs.
Sec. 307. Notification of changes to retention of call detail record
policies.
Sec. 308. Personnel information notification policy by the Director of
National Intelligence.
Sec. 309. Designation of lead intelligence officer for tunnels.
Sec. 310. Reporting process required for tracking certain requests for
country clearance.
Sec. 311. Study on reduction of analytic duplication.
Sec. 312. Strategy for comprehensive interagency review of the United
States national security overhead satellite architecture.
Sec. 313. Cyber attack standards of measurement study.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Appointment and confirmation of the National
Counterintelligence Executive.
Sec. 402. Technical amendments relating to pay under title 5, United
States Code.
Sec. 403. Analytic objectivity review.
Subtitle B--Central Intelligence Agency and Other Elements
Sec. 411. Authorities of the Inspector General for the Central
Intelligence Agency.
Sec. 412. Prior congressional notification of transfers of funds for
certain intelligence activities.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
Sec. 501. Notice of deployment or transfer of Club-K container missile
system by the Russian Federation.
Sec. 502. Assessment on funding of political parties and nongovernmental
organizations by the Russian Federation.
Sec. 503. Assessment on the use of political assassinations as a form of
statecraft by the Russian Federation.
Subtitle B--Matters Relating to Other Countries
Sec. 511. Report on resources and collection posture with regard to the
South China Sea and East China Sea.
Sec. 512. Use of locally employed staff serving at a United States
diplomatic facility in Cuba.
Sec. 513. Inclusion of sensitive compartmented information facilities in
United States diplomatic facilities in Cuba.
Sec. 514. Report on use by Iran of funds made available through
sanctions relief.
TITLE VI--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA
Sec. 601. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to the United States.
Sec. 602. Prohibition on use of funds to construct or modify facilities
in the United States to house detainees transferred from
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 603. Prohibition on use of funds for transfer or release to certain
countries of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.
TITLE VII--REPORTS AND OTHER MATTERS
Subtitle A--Reports
Sec. 701. Repeal of certain reporting requirements.
Sec. 702. Reports on foreign fighters.
Sec. 703. Report on strategy, efforts, and resources to detect, deter,
and degrade Islamic State revenue mechanisms.
Sec. 704. Report on United States counterterrorism strategy to disrupt,
dismantle, and defeat the Islamic State, al-Qa'ida, and their
affiliated groups, associated groups, and adherents.
Sec. 705. Report on effects of data breach of Office of Personnel
Management.
Sec. 706. Report on hiring of graduates of Cyber Corps Scholarship
Program by intelligence community.
Sec. 707. Report on use of certain business concerns.
Subtitle B--Other Matters
Sec. 711. Use of homeland security grant funds in conjunction with
Department of Energy national laboratories.
Sec. 712. Inclusion of certain minority-serving institutions in grant
program to enhance recruiting of intelligence community
workforce.
SEC. 2. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 3. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed in the
House section of the Congressional Record on or about December 15,
2015, by the Chairman of the Permanent Select Committee on Intelligence
of the House of Representatives, shall have the same effect with
respect to the implementation of this division as if it were a joint
explanatory statement of a committee of conference.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2016
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy, and
the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and, subject to section
103, the authorized personnel ceilings as of September 30, 2016, for
the conduct of the intelligence activities of the elements listed in
paragraphs (1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany this
division of this Act.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph (3),
the President shall provide for suitable distribution of the
classified Schedule of Authorizations, or of appropriate portions
of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any portion
of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National Intelligence
may authorize employment of civilian personnel in excess of the number
authorized for fiscal year 2016 by the classified Schedule of
Authorizations referred to in section 102(a) if the Director of
National Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that the number
of personnel employed in excess of the number authorized under such
section may not, for any element of the intelligence community, exceed
3 percent of the number of civilian personnel authorized under such
schedule for such element.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) Notice to Congressional Intelligence Committees.--The Director
of National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to each exercise of an
authority described in subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2016 the sum of
$516,306,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2017.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 785 positions as of September 30, 2016.
Personnel serving in such elements may be permanent employees of the
Office of the Director of National Intelligence or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Community Management Account for fiscal year
2016 such additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a). Such
additional amounts for advanced research and development shall
remain available until September 30, 2017.
(2) Authorization of personnel.--In addition to the personnel
authorized by subsection (b) for elements of the Intelligence
Community Management Account as of September 30, 2016, there are
authorized such additional personnel for the Community Management
Account as of that date as are specified in the classified Schedule
of Authorizations referred to in section 102(a).
SEC. 105. CLARIFICATION REGARDING AUTHORITY FOR FLEXIBLE PERSONNEL
MANAGEMENT AMONG ELEMENTS OF INTELLIGENCE COMMUNITY.
(a) Clarification.--Section 102A(v) of the National Security Act of
1947 (50 U.S.C. 3024(v)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) A covered department may appoint an individual to a
position converted or established pursuant to this subsection
without regard to the civil-service laws, including parts II and
III of title 5, United States Code.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to an appointment under section 102A(v) of the
National Security Act of 1947 (50 U.S.C. 3024(v)) made on or after the
date of the enactment of the Intelligence Authorization Act for Fiscal
Year 2012 (Public Law 112-87) and to any proceeding pending on or filed
after the date of the enactment of this section that relates to such an
appointment.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2016 the sum of
$514,000,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED
BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 303. PROVISION OF INFORMATION AND ASSISTANCE TO INSPECTOR
GENERAL OF THE INTELLIGENCE COMMUNITY.
Section 103H(j)(4) of the National Security Act of 1947 (50 U.S.C.
3033(j)(4)) is amended--
(1) in subparagraph (A), by striking ``any department, agency,
or other element of the United States Government'' and inserting
``any Federal, State (as defined in section 804), or local
governmental agency or unit thereof''; and
(2) in subparagraph (B), by inserting ``from a department,
agency, or element of the Federal Government'' before ``under
subparagraph (A)''.
SEC. 304. INCLUSION OF INSPECTOR GENERAL OF INTELLIGENCE COMMUNITY
IN COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.
Section 11(b)(1)(B) of the Inspector General Act of 1978 (Public
Law 95-452; 5 U.S.C. App.) is amended by striking ``the Office of the
Director of National Intelligence'' and inserting ``the Intelligence
Community''.
SEC. 305. CLARIFICATION OF AUTHORITY OF PRIVACY AND CIVIL LIBERTIES
OVERSIGHT BOARD.
Section 1061(g) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee(g)) is amended by adding at the end the
following new paragraph:
``(5) Access.--Nothing in this section shall be construed to
authorize the Board, or any agent thereof, to gain access to
information regarding an activity covered by section 503(a) of the
National Security Act of 1947 (50 U.S.C. 3093(a)).''.
SEC. 306. ENHANCING GOVERNMENT PERSONNEL SECURITY PROGRAMS.
(a) Enhanced Security Clearance Programs.--
(1) In general.--Part III of title 5, United States Code, is
amended by adding at the end the following:
``Subpart J--Enhanced Personnel Security Programs
``CHAPTER 110--ENHANCED PERSONNEL SECURITY PROGRAMS
``Sec.
``11001. Enhanced personnel security programs.
``SEC. 11001. ENHANCED PERSONNEL SECURITY PROGRAMS.
``(a) Enhanced Personnel Security Program.--The Director of
National Intelligence shall direct each agency to implement a program
to provide enhanced security review of covered individuals--
``(1) in accordance with this section; and
``(2) not later than the earlier of--
``(A) the date that is 5 years after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2016; or
``(B) the date on which the backlog of overdue periodic
reinvestigations of covered individuals is eliminated, as
determined by the Director of National Intelligence.
``(b) Comprehensiveness.--
``(1) Sources of information.--The enhanced personnel security
program of an agency shall integrate relevant and appropriate
information from various sources, including government, publicly
available, and commercial data sources, consumer reporting
agencies, social media, and such other sources as determined by the
Director of National Intelligence.
``(2) Types of information.--Information obtained and
integrated from sources described in paragraph (1) may include--
``(A) information relating to any criminal or civil legal
proceeding;
``(B) financial information relating to the covered
individual, including the credit worthiness of the covered
individual;
``(C) publicly available information, whether electronic,
printed, or other form, including relevant security or
counterintelligence information about the covered individual or
information that may suggest ill intent, vulnerability to
blackmail, compulsive behavior, allegiance to another country,
change in ideology, or that the covered individual lacks good
judgment, reliability, or trustworthiness; and
``(D) data maintained on any terrorist or criminal watch
list maintained by any agency, State or local government, or
international organization.
``(c) Reviews of Covered Individuals.--
``(1) Reviews.--
``(A) In general.--The enhanced personnel security program
of an agency shall require that, not less than 2 times every 5
years, the head of the agency shall conduct or request the
conduct of automated record checks and checks of information
from sources under subsection (b) to ensure the continued
eligibility of each covered individual to access classified
information and hold a sensitive position unless more frequent
reviews of automated record checks and checks of information
from sources under subsection (b) are conducted on the covered
individual.
``(B) Scope of reviews.--Except for a covered individual
who is subject to more frequent reviews to ensure the continued
eligibility of the covered individual to access classified
information and hold a sensitive position, the reviews under
subparagraph (A) shall consist of random or aperiodic checks of
covered individuals, such that each covered individual is
subject to at least 2 reviews during the 5-year period
beginning on the date on which the agency implements the
enhanced personnel security program of an agency, and during
each 5-year period thereafter.
``(C) Individual reviews.--A review of the information
relating to the continued eligibility of a covered individual
to access classified information and hold a sensitive position
under subparagraph (A) may not be conducted until after the end
of the 120-day period beginning on the date the covered
individual receives the notification required under paragraph
(3).
``(2) Results.--The head of an agency shall take appropriate
action if a review under paragraph (1) finds relevant information
that may affect the continued eligibility of a covered individual
to access classified information and hold a sensitive position.
``(3) Information for covered individuals.--The head of an
agency shall ensure that each covered individual is adequately
advised of the types of relevant security or counterintelligence
information the covered individual is required to report to the
head of the agency.
``(4) Limitation.--Nothing in this subsection shall be
construed to affect the authority of an agency to determine the
appropriate weight to be given to information relating to a covered
individual in evaluating the continued eligibility of the covered
individual.
``(5) Authority of the president.--Nothing in this subsection
shall be construed as limiting the authority of the President to
direct or perpetuate periodic reinvestigations of a more
comprehensive nature or to delegate the authority to direct or
perpetuate such reinvestigations.
``(6) Effect on other reviews.--Reviews conducted under
paragraph (1) are in addition to investigations and
reinvestigations conducted pursuant to section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341).
``(d) Audit.--
``(1) In general.--Beginning 2 years after the date of the
implementation of the enhanced personnel security program of an
agency under subsection (a), the Inspector General of the agency
shall conduct at least 1 audit to assess the effectiveness and
fairness, which shall be determined in accordance with performance
measures and standards established by the Director of National
Intelligence, to covered individuals of the enhanced personnel
security program of the agency.
``(2) Submissions to dni.--The results of each audit conducted
under paragraph (1) shall be submitted to the Director of National
Intelligence to assess the effectiveness and fairness of the
enhanced personnel security programs across the Federal Government.
``(e) Definitions.--In this section--
``(1) the term `agency' has the meaning given that term in
section 3001 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341);
``(2) the term `consumer reporting agency' has the meaning
given that term in section 603 of the Fair Credit Reporting Act (15
U.S.C. 1681a);
``(3) the term `covered individual' means an individual
employed by an agency or a contractor of an agency who has been
determined eligible for access to classified information or
eligible to hold a sensitive position;
``(4) the term `enhanced personnel security program' means a
program implemented by an agency at the direction of the Director
of National Intelligence under subsection (a); and''.
(2) Technical and conforming amendment.--The table of chapters
for part III of title 5, United States Code, is amended by adding
at the end following:
``Subpart J--Enhanced Personnel Security Programs
``110. Enhanced personnel security programs....................11001''.
(b) Resolution of Backlog of Overdue Periodic Reinvestigations.--
(1) In general.--The Director of National Intelligence shall
develop and implement a plan to eliminate the backlog of overdue
periodic reinvestigations of covered individuals.
(2) Requirements.--The plan developed under paragraph (1)
shall--
(A) use a risk-based approach to--
(i) identify high-risk populations; and
(ii) prioritize reinvestigations that are due or
overdue to be conducted; and
(B) use random automated record checks of covered
individuals that shall include all covered individuals in the
pool of individuals subject to a one-time check.
(3) Definitions.--In this subsection:
(A) The term ``covered individual'' means an individual who
has been determined eligible for access to classified
information or eligible to hold a sensitive position.
(B) The term ``periodic reinvestigations'' has the meaning
given such term in section 3001(a)(7) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(a)(7)).
SEC. 307. NOTIFICATION OF CHANGES TO RETENTION OF CALL DETAIL
RECORD POLICIES.
(a) Requirement To Retain.--
(1) In general.--Not later than 15 days after learning that an
electronic communication service provider that generates call
detail records in the ordinary course of business has changed the
policy of the provider on the retention of such call detail records
to result in a retention period of less than 18 months, the
Director of National Intelligence shall notify, in writing, the
congressional intelligence committees of such change.
(2) Report.--Not later than 30 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees a report identifying each
electronic communication service provider that has, as of the date
of the report, a policy to retain call detail records for a period
of 18 months or less.
(b) Definitions.--In this section:
(1) Call detail record.--The term ``call detail record'' has
the meaning given that term in section 501(k) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(k)).
(2) Electronic communication service provider.--The term
``electronic communication service provider'' has the meaning given
that term in section 701(b)(4) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881(b)(4)).
SEC. 308. PERSONNEL INFORMATION NOTIFICATION POLICY BY THE DIRECTOR
OF NATIONAL INTELLIGENCE.
(a) Directive Required.--The Director of National Intelligence
shall issue a directive containing a written policy for the timely
notification to the congressional intelligence committees of the
identities of individuals occupying senior level positions within the
intelligence community.
(b) Senior Level Position.--In identifying positions that are
senior level positions in the intelligence community for purposes of
the directive required under subsection (a), the Director of National
Intelligence shall consider whether a position--
(1) constitutes the head of an entity or a significant
component within an agency;
(2) is involved in the management or oversight of matters of
significant import to the leadership of an entity of the
intelligence community;
(3) provides significant responsibility on behalf of the
intelligence community;
(4) requires the management of a significant number of
personnel or funds;
(5) requires responsibility management or oversight of
sensitive intelligence activities; and
(6) is held by an individual designated as a senior
intelligence management official as such term is defined in section
368(a)(6) of the Intelligence Authorization Act for Fiscal Year
2010 (Public Law 111-259; 50 U.S.C. 404i-1 note).
(c) Notification.--The Director shall ensure that each notification
under the directive issued under subsection (a) includes each of the
following:
(1) The name of the individual occupying the position.
(2) Any previous senior level position held by the individual,
if applicable, or the position held by the individual immediately
prior to the appointment.
(3) The position to be occupied by the individual.
(4) Any other information the Director determines appropriate.
(d) Relationship to Other Laws.--The directive issued under
subsection (a) and any amendment to such directive shall be consistent
with the provisions of the National Security Act of 1947 (50 U.S.C. 401
et seq.).
(e) Submission.--Not later than 90 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees the directive issued under subsection (a).
SEC. 309. DESIGNATION OF LEAD INTELLIGENCE OFFICER FOR TUNNELS.
(a) In General.--The Director of National Intelligence shall
designate an official to manage the collection and analysis of
intelligence regarding the tactical use of tunnels by state and
nonstate actors.
(b) Annual Report.--Not later than the date that is 10 months after
the date of the enactment of this Act, and biennially thereafter until
the date that is 4 years after the date of the enactment of this Act,
the Director of National Intelligence shall submit to the congressional
intelligence committees and the congressional defense committees (as
such term is defined in section 101(a)(16) of title 10, United States
Code) a report describing--
(1) trends in the use of tunnels by foreign state and nonstate
actors; and
(2) collaboration efforts between the United States and partner
countries to address the use of tunnels by adversaries.
SEC. 310. REPORTING PROCESS REQUIRED FOR TRACKING CERTAIN REQUESTS
FOR COUNTRY CLEARANCE.
(a) In General.--By not later than September 30, 2016, the Director
of National Intelligence shall establish a formal internal reporting
process for tracking requests for country clearance submitted to
overseas Director of National Intelligence representatives by
departments and agencies of the United States. Such reporting process
shall include a mechanism for tracking the department or agency that
submits each such request and the date on which each such request is
submitted.
(b) Congressional Briefing.--By not later than December 31, 2016,
the Director of National Intelligence shall brief the congressional
intelligence committees on the progress of the Director in establishing
the process required under subsection (a).
SEC. 311. STUDY ON REDUCTION OF ANALYTIC DUPLICATION.
(a) Study and Report.--
(1) In general.--Not later than January 31, 2016, the Director
of National Intelligence shall--
(A) carry out a study to evaluate and measure the incidence
of duplication in finished intelligence analysis products; and
(B) submit to the congressional intelligence committees a
report on the findings of such study.
(2) Methodology requirements.--The methodology used to carry
out the study required by this subsection shall be able to be
repeated for use in other subsequent studies.
(b) Elements.--The report required by subsection (a)(1)(B) shall
include--
(1) detailed information--
(A) relating to the frequency of duplication of finished
intelligence analysis products; and
(B) that describes the types of, and the reasons for, any
such duplication; and
(2) a determination as to whether to make the production of
such information a routine part of the mission of the Analytic
Integrity and Standards Group.
(c) Customer Impact Plan.--Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a plan for
revising analytic practice, tradecraft, and standards to ensure
customers are able to clearly identify--
(1) the manner in which intelligence products written on
similar topics and that are produced contemporaneously differ from
one another in terms of methodology, sourcing, or other
distinguishing analytic characteristics; and
(2) the significance of that difference.
(d) Construction.--Nothing in this section may be construed to
impose any requirement that would interfere with the production of an
operationally urgent or otherwise time-sensitive current intelligence
product.
SEC. 312. STRATEGY FOR COMPREHENSIVE INTERAGENCY REVIEW OF THE
UNITED STATES NATIONAL SECURITY OVERHEAD SATELLITE ARCHITECTURE.
(a) Requirement for Strategy.--The Director of National
Intelligence shall collaborate with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff to develop a strategy, with
milestones and benchmarks, to ensure that there is a comprehensive
interagency review of policies and practices for planning and acquiring
national security satellite systems and architectures, including the
capabilities of commercial systems and partner countries, consistent
with the National Space Policy issued on June 28, 2010. Such strategy
shall, where applicable, account for the unique missions and
authorities vested in the Department of Defense and the intelligence
community.
(b) Elements.--The strategy required by subsection (a) shall ensure
that the United States national security overhead satellite
architecture--
(1) meets the needs of the United States in peace time and is
resilient in war time;
(2) is fiscally responsible;
(3) accurately takes into account cost and performance
tradeoffs;
(4) meets realistic requirements;
(5) produces excellence, innovation, competition, and a robust
industrial base;
(6) aims to produce in less than 5 years innovative satellite
systems that are able to leverage common, standardized design
elements and commercially available technologies;
(7) takes advantage of rapid advances in commercial technology,
innovation, and commercial-like acquisition practices;
(8) is open to innovative concepts, such as distributed,
disaggregated architectures, that could allow for better
resiliency, reconstitution, replenishment, and rapid technological
refresh; and
(9) emphasizes deterrence and recognizes the importance of
offensive and defensive space control capabilities.
(c) Report on Strategy.--Not later than February 28, 2016, the
Director of National Intelligence, the Secretary of Defense, and the
Chairman of the Joint Chiefs of Staff shall jointly submit to the
congressional intelligence committees, the Committee on Armed Services
of the Senate, and the Committee on Armed Services of the House of
Representatives a report on the strategy required by subsection (a).
SEC. 313. CYBER ATTACK STANDARDS OF MEASUREMENT STUDY.
(a) Study Required.--The Director of National Intelligence, in
consultation with the Secretary of Homeland Security, the Director of
the Federal Bureau of Investigation, and the Secretary of Defense,
shall carry out a study to determine appropriate standards that--
(1) can be used to measure the damage of cyber incidents for
the purposes of determining the response to such incidents; and
(2) include a method for quantifying the damage caused to
affected computers, systems, and devices.
(b) Reports to Congress.--
(1) Preliminary findings.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees the initial findings of the study required under
subsection (a).
(2) Report.--Not later than 360 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees a report
containing the complete findings of such study.
(3) Form of report.--The report required by paragraph (2) shall
be submitted in unclassified form, but may contain a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(4) The Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. APPOINTMENT AND CONFIRMATION OF THE NATIONAL
COUNTERINTELLIGENCE EXECUTIVE.
(a) In General.--Section 902(a) of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3382) is amended to read as follows:
``(a) Establishment.--There shall be a National Counterintelligence
Executive who shall be appointed by the President, by and with the
advice and consent of the Senate.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act.
SEC. 402. TECHNICAL AMENDMENTS RELATING TO PAY UNDER TITLE 5,
UNITED STATES CODE.
Section 5102(a)(1) of title 5, United States Code, is amended--
(1) in clause (vii), by striking ``or'';
(2) by inserting after clause (vii) the following new clause:
``(viii) the Office of the Director of National
Intelligence;''; and
(3) in clause (x), by striking the period and inserting a
semicolon.
SEC. 403. ANALYTIC OBJECTIVITY REVIEW.
(a) Assessment.--The Director of National Intelligence shall assign
the Chief of the Analytic Integrity and Standards Group to conduct a
review of finished intelligence products produced by the Central
Intelligence Agency to assess whether the reorganization of the Agency,
announced publicly on March 6, 2015, has resulted in any loss of
analytic objectivity.
(b) Submission.--Not later than March 6, 2017, the Director of
National Intelligence shall submit to the congressional intelligence
committees, in writing, the results of the review required under
subsection (a), including--
(1) an assessment comparing the analytic objectivity of a
representative sample of finished intelligence products produced by
the Central Intelligence Agency before the reorganization and a
representative sample of such finished intelligence products
produced after the reorganization, predicated on the products'
communication of uncertainty, expression of alternative analysis,
and other underlying evaluative criteria referenced in the
Strategic Evaluation of All-Source Analysis directed by the
Director;
(2) an assessment comparing the historical results of anonymous
surveys of Central Intelligence Agency analysts and customers
conducted before the reorganization and the results of such
anonymous surveys conducted after the reorganization, with a focus
on the analytic standard of objectivity;
(3) a metrics-based evaluation measuring the effect that the
reorganization's integration of operational, analytic, support,
technical, and digital personnel and capabilities into Mission
Centers has had on analytic objectivity; and
(4) any recommendations for ensuring that analysts of the
Central Intelligence Agency perform their functions with
objectivity, are not unduly constrained, and are not influenced by
the force of preference for a particular policy.
Subtitle B--Central Intelligence Agency and Other Elements
SEC. 411. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE CENTRAL
INTELLIGENCE AGENCY.
(a) Information and Assistance.--Paragraph (9) of section 17(e) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(9)) is
amended to read as follows:
``(9)(A) The Inspector General may request such information or
assistance as may be necessary for carrying out the duties and
responsibilities of the Inspector General provided by this section from
any Federal, State, or local governmental agency or unit thereof.
``(B) Upon request of the Inspector General for information or
assistance from a department or agency of the Federal Government, the
head of the department or agency involved, insofar as practicable and
not in contravention of any existing statutory restriction or
regulation of such department or agency, shall furnish to the Inspector
General, or to an authorized designee, such information or assistance.
``(C) Nothing in this paragraph may be construed to provide any new
authority to the Central Intelligence Agency to conduct intelligence
activity in the United States.
``(D) In this paragraph, the term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any territory or
possession of the United States.''.
(b) Technical Amendments Relating to Selection of Employees.--
Paragraph (7) of such section (50 U.S.C. 3517(e)(7)) is amended--
(1) by inserting ``(A)'' before ``Subject to applicable law'';
and
(2) by adding at the end the following new subparagraph:
``(B) Consistent with budgetary and personnel resources allocated
by the Director, the Inspector General has final approval of--
``(i) the selection of internal and external candidates for
employment with the Office of Inspector General; and
``(ii) all other personnel decisions concerning personnel
permanently assigned to the Office of Inspector General, including
selection and appointment to the Senior Intelligence Service, but
excluding all security-based determinations that are not within the
authority of a head of other Central Intelligence Agency
offices.''.
SEC. 412. PRIOR CONGRESSIONAL NOTIFICATION OF TRANSFERS OF FUNDS
FOR CERTAIN INTELLIGENCE ACTIVITIES.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this division or otherwise made
available for the intelligence community for fiscal year 2016 may be
used to initiate a transfer of funds from the Joint Improvised
Explosive Device Defeat Fund or the Counterterrorism Partnerships Fund
to be used for intelligence activities unless the Director of National
Intelligence or the Secretary of Defense, as appropriate, submits to
the congressional intelligence committees, by not later than 15 days
before initiating such a transfer, written notice of the transfer.
(b) Waiver.--
(1) In general.--The Director of National Intelligence or the
Secretary of Defense, as appropriate, may waive subsection (a) with
respect to the initiation of a transfer of funds if the Director or
Secretary, as the case may be, determines that an emergency
situation makes it impossible or impractical to provide the notice
required under such subsection by the date that is 15 days before
such initiation.
(2) Notice.--If the Director or Secretary issues a waiver under
paragraph (1), the Director or Secretary, as the case may be, shall
submit to the congressional intelligence committees, by not later
than 48 hours after the initiation of the transfer of funds covered
by the waiver, written notice of the waiver and a justification for
the waiver, including a description of the emergency situation that
necessitated the waiver.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
SEC. 501. NOTICE OF DEPLOYMENT OR TRANSFER OF CLUB-K CONTAINER
MISSILE SYSTEM BY THE RUSSIAN FEDERATION.
(a) Notice to Congress.--The Director of National Intelligence
shall submit to the appropriate congressional committees written notice
if the intelligence community receives intelligence that the Russian
Federation has--
(1) deployed, or is about to deploy, the Club-K container
missile system through the Russian military; or
(2) transferred or sold, or intends to transfer or sell, the
Club-K container missile system to another state or non-state
actor.
(b) Notice to Congressional Intelligence Committees.--Not later
than 30 days after the date on which the Director submits a notice
under subsection (a), the Director shall submit to the congressional
intelligence committees a written update regarding any intelligence
community engagement with a foreign partner on the deployment and
impacts of a deployment of the Club-K container missile system to any
potentially impacted nation.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 502. ASSESSMENT ON FUNDING OF POLITICAL PARTIES AND
NONGOVERNMENTAL ORGANIZATIONS BY THE RUSSIAN FEDERATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees an intelligence
community assessment on the funding of political parties and
nongovernmental organizations in former Soviet states and countries in
Europe by the Russian Security Services since January 1, 2006. Such
assessment shall include the following:
(1) The country involved, the entity funded, the security
service involved, and the intended effect of the funding.
(2) An evaluation of such intended effects, including with
respect to--
(A) undermining the political cohesion of the country
involved;
(B) undermining the missile defense of the United States
and the North Atlantic Treaty Organization; and
(C) undermining energy projects that could provide an
alternative to Russian energy.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 503. ASSESSMENT ON THE USE OF POLITICAL ASSASSINATIONS AS A
FORM OF STATECRAFT BY THE RUSSIAN FEDERATION.
(a) Requirement for Assessment.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional committees
an intelligence community assessment on the use of political
assassinations as a form of statecraft by the Russian Federation since
January 1, 2000.
(b) Content.--The assessment required by subsection (a) shall
include--
(1) a list of Russian politicians, businessmen, dissidents,
journalists, current or former government officials, foreign heads-
of-state, foreign political leaders, foreign journalists, members
of nongovernmental organizations, and other relevant individuals
that the intelligence community assesses were assassinated by
Russian Security Services, or agents of such services, since
January 1, 2000; and
(2) for each individual described in paragraph (1), the country
in which the assassination took place, the means used, associated
individuals and organizations, and other background information
related to the assassination of the individual.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
Subtitle B--Matters Relating to Other Countries
SEC. 511. REPORT ON RESOURCES AND COLLECTION POSTURE WITH REGARD TO
THE SOUTH CHINA SEA AND EAST CHINA SEA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees an intelligence
community assessment on the resources used for collection efforts and
the collection posture of the intelligence community with regard to the
South China Sea and East China Sea.
(b) Elements.--The intelligence community assessment required by
subsection (a) shall provide detailed information related to
intelligence collection by the United States with regard to the South
China Sea and East China Sea, including--
(1) a review of intelligence community collection activities
and a description of these activities, including the lead agency,
key partners, purpose of collection activity, annual funding and
personnel, the manner in which the collection is conducted, and
types of information collected;
(2) an explanation of how the intelligence community
prioritizes and coordinates collection activities focused on such
region; and
(3) a description of any collection and resourcing gaps and
efforts being made to address such gaps.
SEC. 512. USE OF LOCALLY EMPLOYED STAFF SERVING AT A UNITED STATES
DIPLOMATIC FACILITY IN CUBA.
(a) Supervisory Requirement.--
(1) In general.--Except as provided under paragraph (2), the
Secretary of State shall ensure that, not later than 1 year after
the date of the enactment of this Act, key supervisory positions at
a United States diplomatic facility in Cuba are occupied by
citizens of the United States.
(2) Extension.--The Secretary of State may extend the deadline
under paragraph (1) for up to 1 year by providing advance written
notification and justification of such extension to the appropriate
congressional committees.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
heads of other appropriate Federal agencies, shall submit to the
appropriate congressional committees a report on--
(1) the progress made toward meeting the requirement under
subsection (a)(1); and
(2) the use of locally employed staff in United States
diplomatic facilities in Cuba, including--
(A) the number of such staff;
(B) the responsibilities of such staff;
(C) the manner in which such staff are selected, including
efforts to mitigate counterintelligence threats to the United
States; and
(D) the potential cost and impact on the operational
capacity of the diplomatic facility if such staff were reduced.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 513. INCLUSION OF SENSITIVE COMPARTMENTED INFORMATION
FACILITIES IN UNITED STATES DIPLOMATIC FACILITIES IN CUBA.
(a) Restricted Access Space Requirement.--Each United States
diplomatic facility in Cuba in which classified information will be
processed or in which classified communications occur that, after the
date of the enactment of this Act, is constructed or undergoes a major
construction upgrade shall be constructed to include a sensitive
compartmented information facility.
(b) National Security Waiver.--The Secretary of State may waive the
requirement under subsection (a) if the Secretary--
(1) determines that such waiver is in the national security
interest of the United States; and
(2) submits a written justification for such waiver to the
appropriate congressional committees not later than 90 days before
exercising such waiver.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 514. REPORT ON USE BY IRAN OF FUNDS MADE AVAILABLE THROUGH
SANCTIONS RELIEF.
(a) In General.--At the times specified in subsection (b), the
Director of National Intelligence, in consultation with the Secretary
of the Treasury, shall submit to the appropriate congressional
committees a report assessing the following:
(1) The monetary value of any direct or indirect forms of
sanctions relief that Iran has received since the Joint Plan of
Action first entered into effect.
(2) How Iran has used funds made available through sanctions
relief, including the extent to which any such funds have
facilitated the ability of Iran--
(A) to provide support for--
(i) any individual or entity designated for the
imposition of sanctions for activities relating to
international terrorism pursuant to an executive order or
by the Office of Foreign Assets Control of the Department
of the Treasury as of the date of the enactment of this
Act;
(ii) any organization designated by the Secretary of
State as a foreign terrorist organization under section
219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)) as of the date of the enactment of this Act;
(iii) any other terrorist organization; or
(iv) the regime of Bashar al Assad in Syria;
(B) to advance the efforts of Iran or any other country to
develop nuclear weapons or ballistic missiles overtly or
covertly; or
(C) to commit any violation of the human rights of the
people of Iran.
(3) The extent to which any senior official of the Government
of Iran has diverted any funds made available through sanctions
relief to be used by the official for personal use.
(b) Submission to Congress.--
(1) In general.--The Director shall submit the report required
by subsection (a) to the appropriate congressional committees--
(A) not later than 180 days after the date of the enactment
of this Act and every 180 days thereafter during the period
that the Joint Plan of Action is in effect; and
(B) not later than 1 year after a subsequent agreement with
Iran relating to the nuclear program of Iran takes effect and
annually thereafter during the period that such agreement
remains in effect.
(2) Nonduplication.--The Director may submit the information
required by subsection (a) with a report required to be submitted
to Congress under another provision of law if--
(A) the Director notifies the appropriate congressional
committees of the intention of making such submission before
submitting that report; and
(B) all matters required to be covered by subsection (a)
are included in that report.
(c) Form of Reports.--Each report required by subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Finance, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Ways and Means, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) Joint plan of action.--The term ``Joint Plan of Action''
means the Joint Plan of Action, signed at Geneva November 24, 2013,
by Iran and by France, Germany, the Russian Federation, the
People's Republic of China, the United Kingdom, and the United
States, and all implementing materials and agreements related to
the Joint Plan of Action, including the technical understandings
reached on January 12, 2014, the extension thereto agreed to on
July 18, 2014, and the extension thereto agreed to on November 24,
2014.
TITLE VI--MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA
SEC. 601. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO
BAY, CUBA, TO THE UNITED STATES.
No amounts authorized to be appropriated or otherwise made
available to an element of the intelligence community may be used
during the period beginning on the date of the enactment of this Act
and ending on December 31, 2016, to transfer, release, or assist in the
transfer or release, to or within the United States, its territories,
or possessions, Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after January 20, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
SEC. 602. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY
FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED
FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) In General.--No amounts authorized to be appropriated or
otherwise made available to an element of the intelligence community
may be used during the period beginning on the date of the enactment of
this Act and ending on December 31, 2016, to construct or modify any
facility in the United States, its territories, or possessions to house
any individual detained at Guantanamo for the purposes of detention or
imprisonment in the custody or under the control of the Department of
Defense unless authorized by Congress.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) Individual Detained at Guantanamo Defined.--In this section,
the term ``individual detained at Guantanamo'' means any individual
located at United States Naval Station, Guantanamo Bay, Cuba, as of
October 1, 2009, who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the control of the Department
of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
SEC. 603. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE TO
CERTAIN COUNTRIES OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
No amounts authorized to be appropriated or otherwise made
available to an element of the intelligence community may be used
during the period beginning on the date of the enactment of this Act
and ending on December 31, 2016, to transfer, release, or assist in the
transfer or release of any individual detained in the custody or under
the control of the Department of Defense at United States Naval
Station, Guantanamo Bay, Cuba, to the custody or control of any
country, or any entity within such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
TITLE VII--REPORTS AND OTHER MATTERS
Subtitle A--Reports
SEC. 701. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Quadrennial Audit of Positions Requiring Security Clearances.--
Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) is
amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections (a)
and (b), respectively; and
(3) in subsection (b), as so redesignated, by striking ``The
results required under subsection (a)(2) and the reports required
under subsection (b)(1)'' and inserting ``The reports required
under subsection (a)(1)''.
(b) Reports on Role of Analysts at FBI.--Section 2001(g) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458; 118 Stat. 3700; 28 U.S.C. 532 note) is amended by striking
paragraph (3) and redesignating paragraph (4) as paragraph (3).
(c) Report on Outside Employment by Officers and Employees of
Intelligence Community.--
(1) In general.--Section 102A(u) of the National Security Act
of 1947 (50 U.S.C. 3024(u)) is amended--
(A) by striking ``(1) The Director'' and inserting ``The
Director''; and
(B) by striking paragraph (2).
(2) Conforming amendment.--Subsection (a) of section 507 of
such Act (50 U.S.C. 3106) is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraph (6) as paragraph (5).
(3) Technical amendment.--Subsection (c)(1) of such section 507
is amended by striking ``subsection (a)(1)'' and inserting
``subsection (a)''.
(d) Reports on Nuclear Aspirations of Non-State Entities.--Section
1055 of the National Defense Authorization Act for Fiscal Year 2010 (50
U.S.C. 2371) is repealed.
(e) Reports on Espionage by People's Republic of China.--Section
3151 of the National Defense Authorization Act for Fiscal Year 2000 (42
U.S.C. 7383e) is repealed.
(f) Reports on Security Vulnerabilities of National Laboratory
Computers.--Section 4508 of the Atomic Energy Defense Act (50 U.S.C.
2659) is repealed.
SEC. 702. REPORTS ON FOREIGN FIGHTERS.
(a) Reports Required.--Not later than 60 days after the date of the
enactment of this Act, and every 60 days thereafter, the Director of
National Intelligence shall submit to the congressional intelligence
committees a report on foreign fighter flows to and from Syria and to
and from Iraq. The Director shall define the term ``foreign fighter''
in such reports.
(b) Matters To Be Included.--Each report submitted under subsection
(a) shall include each of the following:
(1) The total number of foreign fighters who have traveled to
Syria or Iraq since January 1, 2011, the total number of foreign
fighters in Syria or Iraq as of the date of the submittal of the
report, the total number of foreign fighters whose countries of
origin have a visa waiver program described in section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), the total number
of foreign fighters who have left Syria or Iraq, the total number
of female foreign fighters, and the total number of deceased
foreign fighters.
(2) The total number of United States persons who have traveled
or attempted to travel to Syria or Iraq since January 1, 2011, the
total number of such persons who have arrived in Syria or Iraq
since such date, and the total number of such persons who have
returned to the United States from Syria or Iraq since such date.
(3) The total number of foreign fighters in the Terrorist
Identities Datamart Environment and the status of each such foreign
fighter in that database, the number of such foreign fighters who
are on a watchlist, and the number of such foreign fighters who are
not on a watchlist.
(4) The total number of foreign fighters who have been
processed with biometrics, including face images, fingerprints, and
iris scans.
(5) Any programmatic updates to the foreign fighter report
since the last report was submitted, including updated analysis on
foreign country cooperation, as well as actions taken, such as
denying or revoking visas.
(6) A worldwide graphic that describes foreign fighters flows
to and from Syria, with points of origin by country.
(c) Additional Report.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report that
includes--
(1) with respect to the travel of foreign fighters to and from
Iraq and Syria, a description of the intelligence sharing
relationships between the United States and member states of the
European Union and member states of the North Atlantic Treaty
Organization; and
(2) an analysis of the challenges impeding such intelligence
sharing relationships.
(d) Form.--The reports submitted under subsections (a) and (c) may
be submitted in classified form.
(e) Termination.--The requirement to submit reports under
subsection (a) shall terminate on the date that is 3 years after the
date of the enactment of this Act.
SEC. 703. REPORT ON STRATEGY, EFFORTS, AND RESOURCES TO DETECT,
DETER, AND DEGRADE ISLAMIC STATE REVENUE MECHANISMS.
(a) Sense of Congress.--It is the sense of Congress that the
intelligence community should dedicate necessary resources to defeating
the revenue mechanisms of the Islamic State.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the strategy,
efforts, and resources of the intelligence community that are necessary
to detect, deter, and degrade the revenue mechanisms of the Islamic
State.
SEC. 704. REPORT ON UNITED STATES COUNTERTERRORISM STRATEGY TO
DISRUPT, DISMANTLE, AND DEFEAT THE ISLAMIC STATE, AL-QA'IDA, AND
THEIR AFFILIATED GROUPS, ASSOCIATED GROUPS, AND ADHERENTS.
(a) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the
appropriate congressional committees a comprehensive report on the
counterterrorism strategy of the United States to disrupt,
dismantle, and defeat the Islamic State, al-Qa'ida, and their
affiliated groups, associated groups, and adherents.
(2) Coordination.--The report under paragraph (1) shall be
prepared in coordination with the Director of National
Intelligence, the Secretary of State, the Secretary of the
Treasury, the Attorney General, and the Secretary of Defense, and
the head of any other department or agency of the Federal
Government that has responsibility for activities directed at
combating the Islamic State, al-Qa'ida, and their affiliated
groups, associated groups, and adherents.
(3) Elements.--The report under by paragraph (1) shall include
each of the following:
(A) A definition of--
(i) core al-Qa'ida, including a list of which known
individuals constitute core al-Qa'ida;
(ii) the Islamic State, including a list of which known
individuals constitute Islamic State leadership;
(iii) an affiliated group of the Islamic State or al-
Qa'ida, including a list of which known groups constitute
an affiliate group of the Islamic State or al-Qa'ida;
(iv) an associated group of the Islamic State or al-
Qa'ida, including a list of which known groups constitute
an associated group of the Islamic State or al-Qa'ida;
(v) an adherent of the Islamic State or al-Qa'ida,
including a list of which known groups constitute an
adherent of the Islamic State or al-Qa'ida; and
(vi) a group aligned with the Islamic State or al-
Qa'ida, including a description of what actions a group
takes or statements it makes that qualify it as a group
aligned with the Islamic State or al-Qa'ida.
(B) An assessment of the relationship between all
identified Islamic State or al-Qa'ida affiliated groups,
associated groups, and adherents with Islamic State leadership
or core al-Qa'ida.
(C) An assessment of the strengthening or weakening of the
Islamic State or al-Qa'ida, its affiliated groups, associated
groups, and adherents, from January 1, 2010, to the present,
including a description of the metrics that are used to assess
strengthening or weakening and an assessment of the relative
increase or decrease in violent attacks attributed to such
entities.
(D) An assessment of whether an individual can be a member
of core al-Qa'ida if such individual is not located in
Afghanistan or Pakistan.
(E) An assessment of whether an individual can be a member
of core al-Qa'ida as well as a member of an al-Qa'ida
affiliated group, associated group, or adherent.
(F) A definition of defeat of the Islamic State or core al-
Qa'ida.
(G) An assessment of the extent or coordination, command,
and control between the Islamic State or core al-Qa'ida and
their affiliated groups, associated groups, and adherents,
specifically addressing each such entity.
(H) An assessment of the effectiveness of counterterrorism
operations against the Islamic State or core al-Qa'ida, their
affiliated groups, associated groups, and adherents, and
whether such operations have had a sustained impact on the
capabilities and effectiveness of the Islamic State or core al-
Qa'ida, their affiliated groups, associated groups, and
adherents.
(4) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committees on Armed Services of the House of
Representatives and the Senate.
(3) The Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 705. REPORT ON EFFECTS OF DATA BREACH OF OFFICE OF PERSONNEL
MANAGEMENT.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the President shall transmit to the
congressional intelligence committees a report on the data breach of
the Office of Personnel Management disclosed in June 2015.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) The effects, if any, of the data breach on the operations
of the intelligence community abroad, including the types of
operations, if any, that have been negatively affected or entirely
suspended or terminated as a result of the data breach.
(2) An assessment of the effects of the data breach on each
element of the intelligence community.
(3) An assessment of how foreign persons, groups, or countries
may use the data collected by the data breach (particularly
regarding information included in background investigations for
security clearances), including with respect to--
(A) recruiting intelligence assets;
(B) influencing decisionmaking processes within the Federal
Government, including regarding foreign policy decisions; and
(C) compromising employees of the Federal Government and
friends and families of such employees for the purpose of
gaining access to sensitive national security and economic
information.
(4) An assessment of which departments or agencies of the
Federal Government use the best practices to protect sensitive
data, including a summary of any such best practices that were not
used by the Office of Personnel Management.
(5) An assessment of the best practices used by the departments
or agencies identified under paragraph (4) to identify and fix
potential vulnerabilities in the systems of the department or
agency.
(c) Briefing.--The Director of National Intelligence shall provide
to the congressional intelligence committees an interim briefing on the
report under subsection (a), including a discussion of proposals and
options for responding to cyber attacks.
(d) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 706. REPORT ON HIRING OF GRADUATES OF CYBER CORPS SCHOLARSHIP
PROGRAM BY INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the National Science Foundation,
shall submit to the congressional intelligence committees a report on
the employment by the intelligence community of graduates of the Cyber
Corps Scholarship Program. The report shall include the following:
(1) The number of graduates of the Cyber Corps Scholarship
Program hired by each element of the intelligence community.
(2) A description of how each element of the intelligence
community recruits graduates of the Cyber Corps Scholar Program.
(3) A description of any processes available to the
intelligence community to expedite the hiring or processing of
security clearances for graduates of the Cyber Corps Scholar
Program.
(4) Recommendations by the Director of National Intelligence to
improve the hiring by the intelligence community of graduates of
the Cyber Corps Scholarship Program, including any recommendations
for legislative action to carry out such improvements.
(b) Cyber Corps Scholarship Program Defined.--In this section, the
term ``Cyber Corps Scholarship Program'' means the Federal Cyber
Scholarship-for-Service Program under section 302 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7442).
SEC. 707. REPORT ON USE OF CERTAIN BUSINESS CONCERNS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on the
representation, as of the date of the report, of covered business
concerns among the contractors that are awarded contracts by elements
of the intelligence community for goods, equipment, tools, and
services.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) The representation of covered business concerns as
described in subsection (a), including such representation by--
(A) each type of covered business concern; and
(B) each element of the intelligence community.
(2) If, as of the date of the enactment of this Act, the
Director does not record and monitor the statistics required to
carry out this section, a description of the actions taken by the
Director to ensure that such statistics are recorded and monitored
beginning in fiscal year 2016.
(3) The actions the Director plans to take during fiscal year
2016 to enhance the awarding of contracts to covered business
concerns by elements of the intelligence community.
(c) Covered Business Concerns Defined.--In this section, the term
``covered business concerns'' means the following:
(1) Minority-owned businesses.
(2) Women-owned businesses.
(3) Small disadvantaged businesses.
(4) Service-disabled veteran-owned businesses.
(5) Veteran-owned small businesses.
Subtitle B--Other Matters
SEC. 711. USE OF HOMELAND SECURITY GRANT FUNDS IN CONJUNCTION WITH
DEPARTMENT OF ENERGY NATIONAL LABORATORIES.
Section 2008(a) of the Homeland Security Act of 2002 (6 U.S.C.
609(a)) is amended in the matter preceding paragraph (1) by inserting
``including by working in conjunction with a National Laboratory (as
defined in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C.
15801(3))),'' after ``plans,''.
SEC. 712. INCLUSION OF CERTAIN MINORITY-SERVING INSTITUTIONS IN
GRANT PROGRAM TO ENHANCE RECRUITING OF INTELLIGENCE COMMUNITY
WORKFORCE.
Section 1024 of the National Security Act of 1947 (50 U.S.C. 3224)
is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``historically black
colleges and universities and Predominantly Black
Institutions'' and inserting ``historically black colleges and
universities, Predominantly Black Institutions, Hispanic-
serving institutions, and Asian American and Native American
Pacific Islander-serving institutions''; and
(B) in the subsection heading, by striking ``Historically
Black'' and inserting ``Certain Minority-Serving''; and
(2) in subsection (g)--
(A) by redesignating paragraph (5) as paragraph (7); and
(B) by inserting after paragraph (4) the following new
paragraphs (5) and (6):
``(5) Hispanic-serving institution.--The term `Hispanic-serving
institution' has the meaning given that term in section 502(a)(5)
of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)).
``(6) Asian american and native american pacific islander-
serving institution.--The term `Asian American and Native American
Pacific Islander-serving institution' has the meaning given that
term in section 320(b)(2) of the Higher Education Act of 1965 (20
U.S.C. 1059g(b)(2)).''.
DIVISION N--CYBERSECURITY ACT OF 2015
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Cybersecurity
Act of 2015''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
TITLE I--CYBERSECURITY INFORMATION SHARING
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Sharing of information by the Federal Government.
Sec. 104. Authorizations for preventing, detecting, analyzing, and
mitigating cybersecurity threats.
Sec. 105. Sharing of cyber threat indicators and defensive measures with
the Federal Government.
Sec. 106. Protection from liability.
Sec. 107. Oversight of Government activities.
Sec. 108. Construction and preemption.
Sec. 109. Report on cybersecurity threats.
Sec. 110. Exception to limitation on authority of Secretary of Defense
to disseminate certain information.
Sec. 111. Effective period.
TITLE II--NATIONAL CYBERSECURITY ADVANCEMENT
Subtitle A--National Cybersecurity and Communications Integration Center
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Information sharing structure and processes.
Sec. 204. Information sharing and analysis organizations.
Sec. 205. National response framework.
Sec. 206. Report on reducing cybersecurity risks in DHS data centers.
Sec. 207. Assessment.
Sec. 208. Multiple simultaneous cyber incidents at critical
infrastructure.
Sec. 209. Report on cybersecurity vulnerabilities of United States
ports.
Sec. 210. Prohibition on new regulatory authority.
Sec. 211. Termination of reporting requirements.
Subtitle B--Federal Cybersecurity Enhancement
Sec. 221. Short title.
Sec. 222. Definitions.
Sec. 223. Improved Federal network security.
Sec. 224. Advanced internal defenses.
Sec. 225. Federal cybersecurity requirements.
Sec. 226. Assessment; reports.
Sec. 227. Termination.
Sec. 228. Identification of information systems relating to national
security.
Sec. 229. Direction to agencies.
TITLE III--FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. National cybersecurity workforce measurement initiative.
Sec. 304. Identification of cyber-related work roles of critical need.
Sec. 305. Government Accountability Office status reports.
TITLE IV--OTHER CYBER MATTERS
Sec. 401. Study on mobile device security.
Sec. 402. Department of State international cyberspace policy strategy.
Sec. 403. Apprehension and prosecution of international cyber criminals.
Sec. 404. Enhancement of emergency services.
Sec. 405. Improving cybersecurity in the health care industry.
Sec. 406. Federal computer security.
Sec. 407. Stopping the fraudulent sale of financial information of
people of the United States.
TITLE I--CYBERSECURITY INFORMATION SHARING
SEC. 101. SHORT TITLE.
This title may be cited as the ``Cybersecurity Information Sharing
Act of 2015''.
SEC. 102. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' has the meaning given the term
in section 3502 of title 44, United States Code.
(2) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given the term in the first section of
the Clayton Act (15 U.S.C. 12);
(B) includes section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) to the extent that section 5 of that Act applies
to unfair methods of competition; and
(C) includes any State antitrust law, but only to the
extent that such law is consistent with the law referred to in
subparagraph (A) or the law referred to in subparagraph (B).
(3) Appropriate federal entities.--The term ``appropriate
Federal entities'' means the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Department of Energy.
(D) The Department of Homeland Security.
(E) The Department of Justice.
(F) The Department of the Treasury.
(G) The Office of the Director of National Intelligence.
(4) Cybersecurity purpose.--The term ``cybersecurity purpose''
means the purpose of protecting an information system or
information that is stored on, processed by, or transiting an
information system from a cybersecurity threat or security
vulnerability.
(5) Cybersecurity threat.--
(A) In general.--Except as provided in subparagraph (B),
the term ``cybersecurity threat'' means an action, not
protected by the First Amendment to the Constitution of the
United States, on or through an information system that may
result in an unauthorized effort to adversely impact the
security, availability, confidentiality, or integrity of an
information system or information that is stored on, processed
by, or transiting an information system.
(B) Exclusion.--The term ``cybersecurity threat'' does not
include any action that solely involves a violation of a
consumer term of service or a consumer licensing agreement.
(6) Cyber threat indicator.--The term ``cyber threat
indicator'' means information that is necessary to describe or
identify--
(A) malicious reconnaissance, including anomalous patterns
of communications that appear to be transmitted for the purpose
of gathering technical information related to a cybersecurity
threat or security vulnerability;
(B) a method of defeating a security control or
exploitation of a security vulnerability;
(C) a security vulnerability, including anomalous activity
that appears to indicate the existence of a security
vulnerability;
(D) a method of causing a user with legitimate access to an
information system or information that is stored on, processed
by, or transiting an information system to unwittingly enable
the defeat of a security control or exploitation of a security
vulnerability;
(E) malicious cyber command and control;
(F) the actual or potential harm caused by an incident,
including a description of the information exfiltrated as a
result of a particular cybersecurity threat;
(G) any other attribute of a cybersecurity threat, if
disclosure of such attribute is not otherwise prohibited by
law; or
(H) any combination thereof.
(7) Defensive measure.--
(A) In general.--Except as provided in subparagraph (B),
the term ``defensive measure'' means an action, device,
procedure, signature, technique, or other measure applied to an
information system or information that is stored on, processed
by, or transiting an information system that detects, prevents,
or mitigates a known or suspected cybersecurity threat or
security vulnerability.
(B) Exclusion.--The term ``defensive measure'' does not
include a measure that destroys, renders unusable, provides
unauthorized access to, or substantially harms an information
system or information stored on, processed by, or transiting
such information system not owned by--
(i) the private entity operating the measure; or
(ii) another entity or Federal entity that is
authorized to provide consent and has provided consent to
that private entity for operation of such measure.
(8) Federal entity.--The term ``Federal entity'' means a
department or agency of the United States or any component of such
department or agency.
(9) Information system.--The term ``information system''--
(A) has the meaning given the term in section 3502 of title
44, United States Code; and
(B) includes industrial control systems, such as
supervisory control and data acquisition systems, distributed
control systems, and programmable logic controllers.
(10) Local government.--The term ``local government'' means any
borough, city, county, parish, town, township, village, or other
political subdivision of a State.
(11) Malicious cyber command and control.--The term ``malicious
cyber command and control'' means a method for unauthorized remote
identification of, access to, or use of, an information system or
information that is stored on, processed by, or transiting an
information system.
(12) Malicious reconnaissance.--The term ``malicious
reconnaissance'' means a method for actively probing or passively
monitoring an information system for the purpose of discerning
security vulnerabilities of the information system, if such method
is associated with a known or suspected cybersecurity threat.
(13) Monitor.--The term ``monitor'' means to acquire, identify,
or scan, or to possess, information that is stored on, processed
by, or transiting an information system.
(14) Non-federal entity.--
(A) In general.--Except as otherwise provided in this
paragraph, the term ``non-Federal entity'' means any private
entity, non-Federal government agency or department, or State,
tribal, or local government (including a political subdivision,
department, or component thereof).
(B) Inclusions.--The term ``non-Federal entity'' includes a
government agency or department of the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
and any other territory or possession of the United States.
(C) Exclusion.--The term ``non-Federal entity'' does not
include a foreign power as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(15) Private entity.--
(A) In general.--Except as otherwise provided in this
paragraph, the term ``private entity'' means any person or
private group, organization, proprietorship, partnership,
trust, cooperative, corporation, or other commercial or
nonprofit entity, including an officer, employee, or agent
thereof.
(B) Inclusion.--The term ``private entity'' includes a
State, tribal, or local government performing utility services,
such as electric, natural gas, or water services.
(C) Exclusion.--The term ``private entity'' does not
include a foreign power as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(16) Security control.--The term ``security control'' means the
management, operational, and technical controls used to protect
against an unauthorized effort to adversely affect the
confidentiality, integrity, and availability of an information
system or its information.
(17) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware, software, process,
or procedure that could enable or facilitate the defeat of a
security control.
(18) Tribal.--The term ``tribal'' has the meaning given the
term ``Indian tribe'' in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
SEC. 103. SHARING OF INFORMATION BY THE FEDERAL GOVERNMENT.
(a) In General.--Consistent with the protection of classified
information, intelligence sources and methods, and privacy and civil
liberties, the Director of National Intelligence, the Secretary of
Homeland Security, the Secretary of Defense, and the Attorney General,
in consultation with the heads of the appropriate Federal entities,
shall jointly develop and issue procedures to facilitate and promote--
(1) the timely sharing of classified cyber threat indicators
and defensive measures in the possession of the Federal Government
with representatives of relevant Federal entities and non-Federal
entities that have appropriate security clearances;
(2) the timely sharing with relevant Federal entities and non-
Federal entities of cyber threat indicators, defensive measures,
and information relating to cybersecurity threats or authorized
uses under this title, in the possession of the Federal Government
that may be declassified and shared at an unclassified level;
(3) the timely sharing with relevant Federal entities and non-
Federal entities, or the public if appropriate, of unclassified,
including controlled unclassified, cyber threat indicators and
defensive measures in the possession of the Federal Government;
(4) the timely sharing with Federal entities and non-Federal
entities, if appropriate, of information relating to cybersecurity
threats or authorized uses under this title, in the possession of
the Federal Government about cybersecurity threats to such entities
to prevent or mitigate adverse effects from such cybersecurity
threats; and
(5) the periodic sharing, through publication and targeted
outreach, of cybersecurity best practices that are developed based
on ongoing analyses of cyber threat indicators, defensive measures,
and information relating to cybersecurity threats or authorized
uses under this title, in the possession of the Federal Government,
with attention to accessibility and implementation challenges faced
by small business concerns (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)).
(b) Development of Procedures.--
(1) In general.--The procedures developed under subsection (a)
shall--
(A) ensure the Federal Government has and maintains the
capability to share cyber threat indicators and defensive
measures in real time consistent with the protection of
classified information;
(B) incorporate, to the greatest extent practicable,
existing processes and existing roles and responsibilities of
Federal entities and non-Federal entities for information
sharing by the Federal Government, including sector specific
information sharing and analysis centers;
(C) include procedures for notifying, in a timely manner,
Federal entities and non-Federal entities that have received a
cyber threat indicator or defensive measure from a Federal
entity under this title that is known or determined to be in
error or in contravention of the requirements of this title or
another provision of Federal law or policy of such error or
contravention;
(D) include requirements for Federal entities sharing cyber
threat indicators or defensive measures to implement and
utilize security controls to protect against unauthorized
access to or acquisition of such cyber threat indicators or
defensive measures;
(E) include procedures that require a Federal entity, prior
to the sharing of a cyber threat indicator--
(i) to review such cyber threat indicator to assess
whether such cyber threat indicator contains any
information not directly related to a cybersecurity threat
that such Federal entity knows at the time of sharing to be
personal information of a specific individual or
information that identifies a specific individual and
remove such information; or
(ii) to implement and utilize a technical capability
configured to remove any information not directly related
to a cybersecurity threat that the Federal entity knows at
the time of sharing to be personal information of a
specific individual or information that identifies a
specific individual; and
(F) include procedures for notifying, in a timely manner,
any United States person whose personal information is known or
determined to have been shared by a Federal entity in violation
of this title.
(2) Consultation.--In developing the procedures required under
this section, the Director of National Intelligence, the Secretary
of Homeland Security, the Secretary of Defense, and the Attorney
General shall consult with appropriate Federal entities, including
the Small Business Administration and the National Laboratories (as
defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801)), to ensure that effective protocols are implemented that
will facilitate and promote the sharing of cyber threat indicators
by the Federal Government in a timely manner.
(c) Submittal to Congress.--Not later than 60 days after the date
of the enactment of this Act, the Director of National Intelligence, in
consultation with the heads of the appropriate Federal entities, shall
submit to Congress the procedures required by subsection (a).
SEC. 104. AUTHORIZATIONS FOR PREVENTING, DETECTING, ANALYZING, AND
MITIGATING CYBERSECURITY THREATS.
(a) Authorization for Monitoring.--
(1) In general.--Notwithstanding any other provision of law, a
private entity may, for cybersecurity purposes, monitor--
(A) an information system of such private entity;
(B) an information system of another non-Federal entity,
upon the authorization and written consent of such other
entity;
(C) an information system of a Federal entity, upon the
authorization and written consent of an authorized
representative of the Federal entity; and
(D) information that is stored on, processed by, or
transiting an information system monitored by the private
entity under this paragraph.
(2) Construction.--Nothing in this subsection shall be
construed--
(A) to authorize the monitoring of an information system,
or the use of any information obtained through such monitoring,
other than as provided in this title; or
(B) to limit otherwise lawful activity.
(b) Authorization for Operation of Defensive Measures.--
(1) In general.--Notwithstanding any other provision of law, a
private entity may, for cybersecurity purposes, operate a defensive
measure that is applied to--
(A) an information system of such private entity in order
to protect the rights or property of the private entity;
(B) an information system of another non-Federal entity
upon written consent of such entity for operation of such
defensive measure to protect the rights or property of such
entity; and
(C) an information system of a Federal entity upon written
consent of an authorized representative of such Federal entity
for operation of such defensive measure to protect the rights
or property of the Federal Government.
(2) Construction.--Nothing in this subsection shall be
construed--
(A) to authorize the use of a defensive measure other than
as provided in this subsection; or
(B) to limit otherwise lawful activity.
(c) Authorization for Sharing or Receiving Cyber Threat Indicators
or Defensive Measures.--
(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, a non-Federal entity
may, for a cybersecurity purpose and consistent with the protection
of classified information, share with, or receive from, any other
non-Federal entity or the Federal Government a cyber threat
indicator or defensive measure.
(2) Lawful restriction.--A non-Federal entity receiving a cyber
threat indicator or defensive measure from another non-Federal
entity or a Federal entity shall comply with otherwise lawful
restrictions placed on the sharing or use of such cyber threat
indicator or defensive measure by the sharing non-Federal entity or
Federal entity.
(3) Construction.--Nothing in this subsection shall be
construed--
(A) to authorize the sharing or receiving of a cyber threat
indicator or defensive measure other than as provided in this
subsection; or
(B) to limit otherwise lawful activity.
(d) Protection and Use of Information.--
(1) Security of information.--A non-Federal entity monitoring
an information system, operating a defensive measure, or providing
or receiving a cyber threat indicator or defensive measure under
this section shall implement and utilize a security control to
protect against unauthorized access to or acquisition of such cyber
threat indicator or defensive measure.
(2) Removal of certain personal information.--A non-Federal
entity sharing a cyber threat indicator pursuant to this title
shall, prior to such sharing--
(A) review such cyber threat indicator to assess whether
such cyber threat indicator contains any information not
directly related to a cybersecurity threat that the non-Federal
entity knows at the time of sharing to be personal information
of a specific individual or information that identifies a
specific individual and remove such information; or
(B) implement and utilize a technical capability configured
to remove any information not directly related to a
cybersecurity threat that the non-Federal entity knows at the
time of sharing to be personal information of a specific
individual or information that identifies a specific
individual.
(3) Use of cyber threat indicators and defensive measures by
non-federal entities.--
(A) In general.--Consistent with this title, a cyber threat
indicator or defensive measure shared or received under this
section may, for cybersecurity purposes--
(i) be used by a non-Federal entity to monitor or
operate a defensive measure that is applied to--
(I) an information system of the non-Federal
entity; or
(II) an information system of another non-Federal
entity or a Federal entity upon the written consent of
that other non-Federal entity or that Federal entity;
and
(ii) be otherwise used, retained, and further shared by
a non-Federal entity subject to--
(I) an otherwise lawful restriction placed by the
sharing non-Federal entity or Federal entity on such
cyber threat indicator or defensive measure; or
(II) an otherwise applicable provision of law.
(B) Construction.--Nothing in this paragraph shall be
construed to authorize the use of a cyber threat indicator or
defensive measure other than as provided in this section.
(4) Use of cyber threat indicators by state, tribal, or local
government.--
(A) Law enforcement use.--A State, tribal, or local
government that receives a cyber threat indicator or defensive
measure under this title may use such cyber threat indicator or
defensive measure for the purposes described in section
105(d)(5)(A).
(B) Exemption from disclosure.--A cyber threat indicator or
defensive measure shared by or with a State, tribal, or local
government, including a component of a State, tribal, or local
government that is a private entity, under this section shall
be--
(i) deemed voluntarily shared information; and
(ii) exempt from disclosure under any provision of
State, tribal, or local freedom of information law, open
government law, open meetings law, open records law,
sunshine law, or similar law requiring disclosure of
information or records.
(C) State, tribal, and local regulatory authority.--
(i) In general.--Except as provided in clause (ii), a
cyber threat indicator or defensive measure shared with a
State, tribal, or local government under this title shall
not be used by any State, tribal, or local government to
regulate, including an enforcement action, the lawful
activity of any non-Federal entity or any activity taken by
a non-Federal entity pursuant to mandatory standards,
including an activity relating to monitoring, operating a
defensive measure, or sharing of a cyber threat indicator.
(ii) Regulatory authority specifically relating to
prevention or mitigation of cybersecurity threats.--A cyber
threat indicator or defensive measure shared as described
in clause (i) may, consistent with a State, tribal, or
local government regulatory authority specifically relating
to the prevention or mitigation of cybersecurity threats to
information systems, inform the development or
implementation of a regulation relating to such information
systems.
(e) Antitrust Exemption.--
(1) In general.--Except as provided in section 108(e), it shall
not be considered a violation of any provision of antitrust laws
for 2 or more private entities to exchange or provide a cyber
threat indicator or defensive measure, or assistance relating to
the prevention, investigation, or mitigation of a cybersecurity
threat, for cybersecurity purposes under this title.
(2) Applicability.--Paragraph (1) shall apply only to
information that is exchanged or assistance provided in order to
assist with--
(A) facilitating the prevention, investigation, or
mitigation of a cybersecurity threat to an information system
or information that is stored on, processed by, or transiting
an information system; or
(B) communicating or disclosing a cyber threat indicator to
help prevent, investigate, or mitigate the effect of a
cybersecurity threat to an information system or information
that is stored on, processed by, or transiting an information
system.
(f) No Right or Benefit.--The sharing of a cyber threat indicator
or defensive measure with a non-Federal entity under this title shall
not create a right or benefit to similar information by such non-
Federal entity or any other non-Federal entity.
SEC. 105. SHARING OF CYBER THREAT INDICATORS AND DEFENSIVE MEASURES
WITH THE FEDERAL GOVERNMENT.
(a) Requirement for Policies and Procedures.--
(1) Interim policies and procedures.--Not later than 60 days
after the date of the enactment of this Act, the Attorney General
and the Secretary of Homeland Security shall, in consultation with
the heads of the appropriate Federal entities, jointly develop and
submit to Congress interim policies and procedures relating to the
receipt of cyber threat indicators and defensive measures by the
Federal Government.
(2) Final policies and procedures.--Not later than 180 days
after the date of the enactment of this Act, the Attorney General
and the Secretary of Homeland Security shall, in consultation with
the heads of the appropriate Federal entities, jointly issue and
make publicly available final policies and procedures relating to
the receipt of cyber threat indicators and defensive measures by
the Federal Government.
(3) Requirements concerning policies and procedures.--
Consistent with the guidelines required by subsection (b), the
policies and procedures developed or issued under this subsection
shall--
(A) ensure that cyber threat indicators shared with the
Federal Government by any non-Federal entity pursuant to
section 104(c) through the real-time process described in
subsection (c) of this section--
(i) are shared in an automated manner with all of the
appropriate Federal entities;
(ii) are only subject to a delay, modification, or
other action due to controls established for such real-time
process that could impede real-time receipt by all of the
appropriate Federal entities when the delay, modification,
or other action is due to controls--
(I) agreed upon unanimously by all of the heads of
the appropriate Federal entities;
(II) carried out before any of the appropriate
Federal entities retains or uses the cyber threat
indicators or defensive measures; and
(III) uniformly applied such that each of the
appropriate Federal entities is subject to the same
delay, modification, or other action; and
(iii) may be provided to other Federal entities;
(B) ensure that cyber threat indicators shared with the
Federal Government by any non-Federal entity pursuant to
section 104 in a manner other than the real-time process
described in subsection (c) of this section--
(i) are shared as quickly as operationally practicable
with all of the appropriate Federal entities;
(ii) are not subject to any unnecessary delay,
interference, or any other action that could impede receipt
by all of the appropriate Federal entities; and
(iii) may be provided to other Federal entities; and
(C) ensure there are--
(i) audit capabilities; and
(ii) appropriate sanctions in place for officers,
employees, or agents of a Federal entity who knowingly and
willfully conduct activities under this title in an
unauthorized manner.
(4) Guidelines for entities sharing cyber threat indicators
with federal government.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act, the Attorney General and the
Secretary of Homeland Security shall jointly develop and make
publicly available guidance to assist entities and promote
sharing of cyber threat indicators with Federal entities under
this title.
(B) Contents.--The guidelines developed and made publicly
available under subparagraph (A) shall include guidance on the
following:
(i) Identification of types of information that would
qualify as a cyber threat indicator under this title that
would be unlikely to include information that--
(I) is not directly related to a cybersecurity
threat; and
(II) is personal information of a specific
individual or information that identifies a specific
individual.
(ii) Identification of types of information protected
under otherwise applicable privacy laws that are unlikely
to be directly related to a cybersecurity threat.
(iii) Such other matters as the Attorney General and
the Secretary of Homeland Security consider appropriate for
entities sharing cyber threat indicators with Federal
entities under this title.
(b) Privacy and Civil Liberties.--
(1) Interim guidelines.--Not later than 60 days after the date
of the enactment of this Act, the Attorney General and the
Secretary of Homeland Security shall, in consultation with heads of
the appropriate Federal entities and in consultation with officers
designated under section 1062 of the National Security Intelligence
Reform Act of 2004 (42 U.S.C. 2000ee-1), jointly develop, submit to
Congress, and make available to the public interim guidelines
relating to privacy and civil liberties which shall govern the
receipt, retention, use, and dissemination of cyber threat
indicators by a Federal entity obtained in connection with
activities authorized in this title.
(2) Final guidelines.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General and the
Secretary of Homeland Security shall, in coordination with
heads of the appropriate Federal entities and in consultation
with officers designated under section 1062 of the National
Security Intelligence Reform Act of 2004 (42 U.S.C. 2000ee-1)
and such private entities with industry expertise as the
Attorney General and the Secretary consider relevant, jointly
issue and make publicly available final guidelines relating to
privacy and civil liberties which shall govern the receipt,
retention, use, and dissemination of cyber threat indicators by
a Federal entity obtained in connection with activities
authorized in this title.
(B) Periodic review.--The Attorney General and the
Secretary of Homeland Security shall, in coordination with
heads of the appropriate Federal entities and in consultation
with officers and private entities described in subparagraph
(A), periodically, but not less frequently than once every 2
years, jointly review the guidelines issued under subparagraph
(A).
(3) Content.--The guidelines required by paragraphs (1) and (2)
shall, consistent with the need to protect information systems from
cybersecurity threats and mitigate cybersecurity threats--
(A) limit the effect on privacy and civil liberties of
activities by the Federal Government under this title;
(B) limit the receipt, retention, use, and dissemination of
cyber threat indicators containing personal information of
specific individuals or information that identifies specific
individuals, including by establishing--
(i) a process for the timely destruction of such
information that is known not to be directly related to
uses authorized under this title; and
(ii) specific limitations on the length of any period
in which a cyber threat indicator may be retained;
(C) include requirements to safeguard cyber threat
indicators containing personal information of specific
individuals or information that identifies specific individuals
from unauthorized access or acquisition, including appropriate
sanctions for activities by officers, employees, or agents of
the Federal Government in contravention of such guidelines;
(D) consistent with this title, any other applicable
provisions of law, and the fair information practice principles
set forth in appendix A of the document entitled ``National
Strategy for Trusted Identities in Cyberspace'' and published
by the President in April 2011, govern the retention, use, and
dissemination by the Federal Government of cyber threat
indicators shared with the Federal Government under this title,
including the extent, if any, to which such cyber threat
indicators may be used by the Federal Government;
(E) include procedures for notifying entities and Federal
entities if information received pursuant to this section is
known or determined by a Federal entity receiving such
information not to constitute a cyber threat indicator;
(F) protect the confidentiality of cyber threat indicators
containing personal information of specific individuals or
information that identifies specific individuals to the
greatest extent practicable and require recipients to be
informed that such indicators may only be used for purposes
authorized under this title; and
(G) include steps that may be needed so that dissemination
of cyber threat indicators is consistent with the protection of
classified and other sensitive national security information.
(c) Capability and Process Within the Department of Homeland
Security.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
coordination with the heads of the appropriate Federal entities,
shall develop and implement a capability and process within the
Department of Homeland Security that--
(A) shall accept from any non-Federal entity in real time
cyber threat indicators and defensive measures, pursuant to
this section;
(B) shall, upon submittal of the certification under
paragraph (2) that such capability and process fully and
effectively operates as described in such paragraph, be the
process by which the Federal Government receives cyber threat
indicators and defensive measures under this title that are
shared by a non-Federal entity with the Federal Government
through electronic mail or media, an interactive form on an
Internet website, or a real time, automated process between
information systems except--
(i) consistent with section 104, communications between
a Federal entity and a non-Federal entity regarding a
previously shared cyber threat indicator to describe the
relevant cybersecurity threat or develop a defensive
measure based on such cyber threat indicator; and
(ii) communications by a regulated non-Federal entity
with such entity's Federal regulatory authority regarding a
cybersecurity threat;
(C) ensures that all of the appropriate Federal entities
receive in an automated manner such cyber threat indicators and
defensive measures shared through the real-time process within
the Department of Homeland Security;
(D) is in compliance with the policies, procedures, and
guidelines required by this section; and
(E) does not limit or prohibit otherwise lawful disclosures
of communications, records, or other information, including--
(i) reporting of known or suspected criminal activity,
by a non-Federal entity to any other non-Federal entity or
a Federal entity, including cyber threat indicators or
defensive measures shared with a Federal entity in
furtherance of opening a Federal law enforcement
investigation;
(ii) voluntary or legally compelled participation in a
Federal investigation; and
(iii) providing cyber threat indicators or defensive
measures as part of a statutory or authorized contractual
requirement.
(2) Certification and designation.--
(A) Certification of capability and process.--Not later
than 90 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall, in consultation with the
heads of the appropriate Federal entities, submit to Congress a
certification as to whether the capability and process required
by paragraph (1) fully and effectively operates--
(i) as the process by which the Federal Government
receives from any non-Federal entity a cyber threat
indicator or defensive measure under this title; and
(ii) in accordance with the interim policies,
procedures, and guidelines developed under this title.
(B) Designation.--
(i) In general.--At any time after certification is
submitted under subparagraph (A), the President may
designate an appropriate Federal entity, other than the
Department of Defense (including the National Security
Agency), to develop and implement a capability and process
as described in paragraph (1) in addition to the capability
and process developed under such paragraph by the Secretary
of Homeland Security, if, not fewer than 30 days before
making such designation, the President submits to Congress
a certification and explanation that--
(I) such designation is necessary to ensure that
full, effective, and secure operation of a capability
and process for the Federal Government to receive from
any non-Federal entity cyber threat indicators or
defensive measures under this title;
(II) the designated appropriate Federal entity will
receive and share cyber threat indicators and defensive
measures in accordance with the policies, procedures,
and guidelines developed under this title, including
subsection (a)(3)(A); and
(III) such designation is consistent with the
mission of such appropriate Federal entity and improves
the ability of the Federal Government to receive,
share, and use cyber threat indicators and defensive
measures as authorized under this title.
(ii) Application to additional capability and
process.--If the President designates an appropriate
Federal entity to develop and implement a capability and
process under clause (i), the provisions of this title that
apply to the capability and process required by paragraph
(1) shall also be construed to apply to the capability and
process developed and implemented under clause (i).
(3) Public notice and access.--The Secretary of Homeland
Security shall ensure there is public notice of, and access to, the
capability and process developed and implemented under paragraph
(1) so that--
(A) any non-Federal entity may share cyber threat
indicators and defensive measures through such process with the
Federal Government; and
(B) all of the appropriate Federal entities receive such
cyber threat indicators and defensive measures in real time
with receipt through the process within the Department of
Homeland Security consistent with the policies and procedures
issued under subsection (a).
(4) Other federal entities.--The process developed and
implemented under paragraph (1) shall ensure that other Federal
entities receive in a timely manner any cyber threat indicators and
defensive measures shared with the Federal Government through such
process.
(d) Information Shared With or Provided to the Federal
Government.--
(1) No waiver of privilege or protection.--The provision of
cyber threat indicators and defensive measures to the Federal
Government under this title shall not constitute a waiver of any
applicable privilege or protection provided by law, including trade
secret protection.
(2) Proprietary information.--Consistent with section 104(c)(2)
and any other applicable provision of law, a cyber threat indicator
or defensive measure provided by a non-Federal entity to the
Federal Government under this title shall be considered the
commercial, financial, and proprietary information of such non-
Federal entity when so designated by the originating non-Federal
entity or a third party acting in accordance with the written
authorization of the originating non-Federal entity.
(3) Exemption from disclosure.--A cyber threat indicator or
defensive measure shared with the Federal Government under this
title shall be--
(A) deemed voluntarily shared information and exempt from
disclosure under section 552 of title 5, United States Code,
and any State, tribal, or local provision of law requiring
disclosure of information or records; and
(B) withheld, without discretion, from the public under
section 552(b)(3)(B) of title 5, United States Code, and any
State, tribal, or local provision of law requiring disclosure
of information or records.
(4) Ex parte communications.--The provision of a cyber threat
indicator or defensive measure to the Federal Government under this
title shall not be subject to a rule of any Federal agency or
department or any judicial doctrine regarding ex parte
communications with a decision-making official.
(5) Disclosure, retention, and use.--
(A) Authorized activities.--Cyber threat indicators and
defensive measures provided to the Federal Government under
this title may be disclosed to, retained by, and used by,
consistent with otherwise applicable provisions of Federal law,
any Federal agency or department, component, officer, employee,
or agent of the Federal Government solely for--
(i) a cybersecurity purpose;
(ii) the purpose of identifying--
(I) a cybersecurity threat, including the source of
such cybersecurity threat; or
(II) a security vulnerability;
(iii) the purpose of responding to, or otherwise
preventing or mitigating, a specific threat of death, a
specific threat of serious bodily harm, or a specific
threat of serious economic harm, including a terrorist act
or a use of a weapon of mass destruction;
(iv) the purpose of responding to, investigating,
prosecuting, or otherwise preventing or mitigating, a
serious threat to a minor, including sexual exploitation
and threats to physical safety; or
(v) the purpose of preventing, investigating,
disrupting, or prosecuting an offense arising out of a
threat described in clause (iii) or any of the offenses
listed in--
(I) sections 1028 through 1030 of title 18, United
States Code (relating to fraud and identity theft);
(II) chapter 37 of such title (relating to
espionage and censorship); and
(III) chapter 90 of such title (relating to
protection of trade secrets).
(B) Prohibited activities.--Cyber threat indicators and
defensive measures provided to the Federal Government under
this title shall not be disclosed to, retained by, or used by
any Federal agency or department for any use not permitted
under subparagraph (A).
(C) Privacy and civil liberties.--Cyber threat indicators
and defensive measures provided to the Federal Government under
this title shall be retained, used, and disseminated by the
Federal Government--
(i) in accordance with the policies, procedures, and
guidelines required by subsections (a) and (b);
(ii) in a manner that protects from unauthorized use or
disclosure any cyber threat indicators that may contain--
(I) personal information of a specific individual;
or
(II) information that identifies a specific
individual; and
(iii) in a manner that protects the confidentiality of
cyber threat indicators containing--
(I) personal information of a specific individual;
or
(II) information that identifies a specific
individual.
(D) Federal regulatory authority.--
(i) In general.--Except as provided in clause (ii),
cyber threat indicators and defensive measures provided to
the Federal Government under this title shall not be used
by any Federal, State, tribal, or local government to
regulate, including an enforcement action, the lawful
activities of any non-Federal entity or any activities
taken by a non-Federal entity pursuant to mandatory
standards, including activities relating to monitoring,
operating defensive measures, or sharing cyber threat
indicators.
(ii) Exceptions.--
(I) Regulatory authority specifically relating to
prevention or mitigation of cybersecurity threats.--
Cyber threat indicators and defensive measures provided
to the Federal Government under this title may,
consistent with Federal or State regulatory authority
specifically relating to the prevention or mitigation
of cybersecurity threats to information systems, inform
the development or implementation of regulations
relating to such information systems.
(II) Procedures developed and implemented under
this title.--Clause (i) shall not apply to procedures
developed and implemented under this title.
SEC. 106. PROTECTION FROM LIABILITY.
(a) Monitoring of Information Systems.--No cause of action shall
lie or be maintained in any court against any private entity, and such
action shall be promptly dismissed, for the monitoring of an
information system and information under section 104(a) that is
conducted in accordance with this title.
(b) Sharing or Receipt of Cyber Threat Indicators.--No cause of
action shall lie or be maintained in any court against any private
entity, and such action shall be promptly dismissed, for the sharing or
receipt of a cyber threat indicator or defensive measure under section
104(c) if--
(1) such sharing or receipt is conducted in accordance with
this title; and
(2) in a case in which a cyber threat indicator or defensive
measure is shared with the Federal Government, the cyber threat
indicator or defensive measure is shared in a manner that is
consistent with section 105(c)(1)(B) and the sharing or receipt, as
the case may be, occurs after the earlier of--
(A) the date on which the interim policies and procedures
are submitted to Congress under section 105(a)(1) and
guidelines are submitted to Congress under section 105(b)(1);
or
(B) the date that is 60 days after the date of the
enactment of this Act.
(c) Construction.--Nothing in this title shall be construed--
(1) to create--
(A) a duty to share a cyber threat indicator or defensive
measure; or
(B) a duty to warn or act based on the receipt of a cyber
threat indicator or defensive measure; or
(2) to undermine or limit the availability of otherwise
applicable common law or statutory defenses.
SEC. 107. OVERSIGHT OF GOVERNMENT ACTIVITIES.
(a) Report on Implementation.--
(1) In general.--Not later than 1 year after the date of the
enactment of this title, the heads of the appropriate Federal
entities shall jointly submit to Congress a detailed report
concerning the implementation of this title.
(2) Contents.--The report required by paragraph (1) may include
such recommendations as the heads of the appropriate Federal
entities may have for improvements or modifications to the
authorities, policies, procedures, and guidelines under this title
and shall include the following:
(A) An evaluation of the effectiveness of real-time
information sharing through the capability and process
developed under section 105(c), including any impediments to
such real-time sharing.
(B) An assessment of whether cyber threat indicators or
defensive measures have been properly classified and an
accounting of the number of security clearances authorized by
the Federal Government for the purpose of sharing cyber threat
indicators or defensive measures with the private sector.
(C) The number of cyber threat indicators or defensive
measures received through the capability and process developed
under section 105(c).
(D) A list of Federal entities that have received cyber
threat indicators or defensive measures under this title.
(b) Biennial Report on Compliance.--
(1) In general.--Not later than 2 years after the date of the
enactment of this Act and not less frequently than once every 2
years thereafter, the inspectors general of the appropriate Federal
entities, in consultation with the Inspector General of the
Intelligence Community and the Council of Inspectors General on
Financial Oversight, shall jointly submit to Congress an
interagency report on the actions of the executive branch of the
Federal Government to carry out this title during the most recent
2-year period.
(2) Contents.--Each report submitted under paragraph (1) shall
include, for the period covered by the report, the following:
(A) An assessment of the sufficiency of the policies,
procedures, and guidelines relating to the sharing of cyber
threat indicators within the Federal Government, including
those policies, procedures, and guidelines relating to the
removal of information not directly related to a cybersecurity
threat that is personal information of a specific individual or
information that identifies a specific individual.
(B) An assessment of whether cyber threat indicators or
defensive measures have been properly classified and an
accounting of the number of security clearances authorized by
the Federal Government for the purpose of sharing cyber threat
indicators or defensive measures with the private sector.
(C) A review of the actions taken by the Federal Government
based on cyber threat indicators or defensive measures shared
with the Federal Government under this title, including a
review of the following:
(i) The appropriateness of subsequent uses and
disseminations of cyber threat indicators or defensive
measures.
(ii) Whether cyber threat indicators or defensive
measures were shared in a timely and adequate manner with
appropriate entities, or, if appropriate, were made
publicly available.
(D) An assessment of the cyber threat indicators or
defensive measures shared with the appropriate Federal entities
under this title, including the following:
(i) The number of cyber threat indicators or defensive
measures shared through the capability and process
developed under section 105(c).
(ii) An assessment of any information not directly
related to a cybersecurity threat that is personal
information of a specific individual or information
identifying a specific individual and was shared by a non-
Federal government entity with the Federal government in
contravention of this title, or was shared within the
Federal Government in contravention of the guidelines
required by this title, including a description of any
significant violation of this title.
(iii) The number of times, according to the Attorney
General, that information shared under this title was used
by a Federal entity to prosecute an offense listed in
section 105(d)(5)(A).
(iv) A quantitative and qualitative assessment of the
effect of the sharing of cyber threat indicators or
defensive measures with the Federal Government on privacy
and civil liberties of specific individuals, including the
number of notices that were issued with respect to a
failure to remove information not directly related to a
cybersecurity threat that was personal information of a
specific individual or information that identified a
specific individual in accordance with the procedures
required by section 105(b)(3)(E).
(v) The adequacy of any steps taken by the Federal
Government to reduce any adverse effect from activities
carried out under this title on the privacy and civil
liberties of United States persons.
(E) An assessment of the sharing of cyber threat indicators
or defensive measures among Federal entities to identify
inappropriate barriers to sharing information.
(3) Recommendations.--Each report submitted under this
subsection may include such recommendations as the inspectors
general may have for improvements or modifications to the
authorities and processes under this title.
(c) Independent Report on Removal of Personal Information.--Not
later than 3 years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report on the actions taken by the Federal Government to remove
personal information from cyber threat indicators or defensive measures
pursuant to this title. Such report shall include an assessment of the
sufficiency of the policies, procedures, and guidelines established
under this title in addressing concerns relating to privacy and civil
liberties.
(d) Form of Reports.--Each report required under this section shall
be submitted in an unclassified form, but may include a classified
annex.
(e) Public Availability of Reports.--The unclassified portions of
the reports required under this section shall be made available to the
public.
SEC. 108. CONSTRUCTION AND PREEMPTION.
(a) Otherwise Lawful Disclosures.--Nothing in this title shall be
construed--
(1) to limit or prohibit otherwise lawful disclosures of
communications, records, or other information, including reporting
of known or suspected criminal activity, by a non-Federal entity to
any other non-Federal entity or the Federal Government under this
title; or
(2) to limit or prohibit otherwise lawful use of such
disclosures by any Federal entity, even when such otherwise lawful
disclosures duplicate or replicate disclosures made under this
title.
(b) Whistle Blower Protections.--Nothing in this title shall be
construed to prohibit or limit the disclosure of information protected
under section 2302(b)(8) of title 5, United States Code (governing
disclosures of illegality, waste, fraud, abuse, or public health or
safety threats), section 7211 of title 5, United States Code (governing
disclosures to Congress), section 1034 of title 10, United States Code
(governing disclosure to Congress by members of the military), section
1104 of the National Security Act of 1947 (50 U.S.C. 3234) (governing
disclosure by employees of elements of the intelligence community), or
any similar provision of Federal or State law.
(c) Protection of Sources and Methods.--Nothing in this title shall
be construed--
(1) as creating any immunity against, or otherwise affecting,
any action brought by the Federal Government, or any agency or
department thereof, to enforce any law, executive order, or
procedure governing the appropriate handling, disclosure, or use of
classified information;
(2) to affect the conduct of authorized law enforcement or
intelligence activities; or
(3) to modify the authority of a department or agency of the
Federal Government to protect classified information and sources
and methods and the national security of the United States.
(d) Relationship to Other Laws.--Nothing in this title shall be
construed to affect any requirement under any other provision of law
for a non-Federal entity to provide information to the Federal
Government.
(e) Prohibited Conduct.--Nothing in this title shall be construed
to permit price-fixing, allocating a market between competitors,
monopolizing or attempting to monopolize a market, boycotting, or
exchanges of price or cost information, customer lists, or information
regarding future competitive planning.
(f) Information Sharing Relationships.--Nothing in this title shall
be construed--
(1) to limit or modify an existing information sharing
relationship;
(2) to prohibit a new information sharing relationship;
(3) to require a new information sharing relationship between
any non-Federal entity and a Federal entity or another non-Federal
entity; or
(4) to require the use of the capability and process within the
Department of Homeland Security developed under section 105(c).
(g) Preservation of Contractual Obligations and Rights.--Nothing in
this title shall be construed--
(1) to amend, repeal, or supersede any current or future
contractual agreement, terms of service agreement, or other
contractual relationship between any non-Federal entities, or
between any non-Federal entity and a Federal entity; or
(2) to abrogate trade secret or intellectual property rights of
any non-Federal entity or Federal entity.
(h) Anti-tasking Restriction.--Nothing in this title shall be
construed to permit a Federal entity--
(1) to require a non-Federal entity to provide information to a
Federal entity or another non-Federal entity;
(2) to condition the sharing of cyber threat indicators with a
non-Federal entity on such entity's provision of cyber threat
indicators to a Federal entity or another non-Federal entity; or
(3) to condition the award of any Federal grant, contract, or
purchase on the provision of a cyber threat indicator to a Federal
entity or another non-Federal entity.
(i) No Liability for Non-participation.--Nothing in this title
shall be construed to subject any entity to liability for choosing not
to engage in the voluntary activities authorized in this title.
(j) Use and Retention of Information.--Nothing in this title shall
be construed to authorize, or to modify any existing authority of, a
department or agency of the Federal Government to retain or use any
information shared under this title for any use other than permitted in
this title.
(k) Federal Preemption.--
(1) In general.--This title supersedes any statute or other
provision of law of a State or political subdivision of a State
that restricts or otherwise expressly regulates an activity
authorized under this title.
(2) State law enforcement.--Nothing in this title shall be
construed to supersede any statute or other provision of law of a
State or political subdivision of a State concerning the use of
authorized law enforcement practices and procedures.
(l) Regulatory Authority.--Nothing in this title shall be
construed--
(1) to authorize the promulgation of any regulations not
specifically authorized to be issued under this title;
(2) to establish or limit any regulatory authority not
specifically established or limited under this title; or
(3) to authorize regulatory actions that would duplicate or
conflict with regulatory requirements, mandatory standards, or
related processes under another provision of Federal law.
(m) Authority of Secretary of Defense to Respond to Malicious Cyber
Activity Carried Out by Foreign Powers.--Nothing in this title shall be
construed to limit the authority of the Secretary of Defense under
section 130g of title 10, United States Code.
(n) Criminal Prosecution.--Nothing in this title shall be construed
to prevent the disclosure of a cyber threat indicator or defensive
measure shared under this title in a case of criminal prosecution, when
an applicable provision of Federal, State, tribal, or local law
requires disclosure in such case.
SEC. 109. REPORT ON CYBERSECURITY THREATS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the heads of other appropriate elements of the
intelligence community, shall submit to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives a report on cybersecurity
threats, including cyber attacks, theft, and data breaches.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) An assessment of the current intelligence sharing and
cooperation relationships of the United States with other countries
regarding cybersecurity threats, including cyber attacks, theft,
and data breaches, directed against the United States and which
threaten the United States national security interests and economy
and intellectual property, specifically identifying the relative
utility of such relationships, which elements of the intelligence
community participate in such relationships, and whether and how
such relationships could be improved.
(2) A list and an assessment of the countries and nonstate
actors that are the primary threats of carrying out a cybersecurity
threat, including a cyber attack, theft, or data breach, against
the United States and which threaten the United States national
security, economy, and intellectual property.
(3) A description of the extent to which the capabilities of
the United States Government to respond to or prevent cybersecurity
threats, including cyber attacks, theft, or data breaches, directed
against the United States private sector are degraded by a delay in
the prompt notification by private entities of such threats or
cyber attacks, theft, and data breaches.
(4) An assessment of additional technologies or capabilities
that would enhance the ability of the United States to prevent and
to respond to cybersecurity threats, including cyber attacks,
theft, and data breaches.
(5) An assessment of any technologies or practices utilized by
the private sector that could be rapidly fielded to assist the
intelligence community in preventing and responding to
cybersecurity threats.
(c) Form of Report.--The report required by subsection (a) shall be
made available in classified and unclassified forms.
(d) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given that term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 110. EXCEPTION TO LIMITATION ON AUTHORITY OF SECRETARY OF
DEFENSE TO DISSEMINATE CERTAIN INFORMATION.
Notwithstanding subsection (c)(3) of section 393 of title 10,
United States Code, the Secretary of Defense may authorize the sharing
of cyber threat indicators and defensive measures pursuant to the
policies, procedures, and guidelines developed or issued under this
title.
SEC. 111. EFFECTIVE PERIOD.
(a) In General.--Except as provided in subsection (b), this title
and the amendments made by this title shall be effective during the
period beginning on the date of the enactment of this Act and ending on
September 30, 2025.
(b) Exception.--With respect to any action authorized by this title
or information obtained pursuant to an action authorized by this title,
which occurred before the date on which the provisions referred to in
subsection (a) cease to have effect, the provisions of this title shall
continue in effect.
TITLE II--NATIONAL CYBERSECURITY ADVANCEMENT
Subtitle A--National Cybersecurity and Communications Integration
Center
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``National Cybersecurity
Protection Advancement Act of 2015''.
SEC. 202. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.
(2) Cybersecurity risk; incident.--The terms ``cybersecurity
risk'' and ``incident'' have the meanings given those terms in
section 227 of the Homeland Security Act of 2002, as so
redesignated by section 223(a)(3) of this division.
(3) Cyber threat indicator; defensive measure.--The terms
``cyber threat indicator'' and ``defensive measure'' have the
meanings given those terms in section 102.
(4) Department.--The term ``Department'' means the Department
of Homeland Security.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
SEC. 203. INFORMATION SHARING STRUCTURE AND PROCESSES.
Section 227 of the Homeland Security Act of 2002, as so
redesignated by section 223(a)(3) of this division, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(B) by striking paragraphs (1) and (2) and inserting the
following:
``(1) the term `cybersecurity risk'--
``(A) means threats to and vulnerabilities of information
or information systems and any related consequences caused by
or resulting from unauthorized access, use, disclosure,
degradation, disruption, modification, or destruction of such
information or information systems, including such related
consequences caused by an act of terrorism; and
``(B) does not include any action that solely involves a
violation of a consumer term of service or a consumer licensing
agreement;
``(2) the terms `cyber threat indicator' and `defensive
measure' have the meanings given those terms in section 102 of the
Cybersecurity Act of 2015;
``(3) the term `incident' means an occurrence that actually or
imminently jeopardizes, without lawful authority, the integrity,
confidentiality, or availability of information on an information
system, or actually or imminently jeopardizes, without lawful
authority, an information system;'';
(C) in paragraph (4), as so redesignated, by striking
``and'' at the end;
(D) in paragraph (5), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(6) the term `sharing' (including all conjugations thereof)
means providing, receiving, and disseminating (including all
conjugations of each of such terms).'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``, including the implementation of
title I of the Cybersecurity Act of 2015'' before the
semicolon at the end; and
(ii) by inserting ``cyber threat indicators, defensive
measures,'' before ``cybersecurity risks'';
(B) in paragraph (3), by striking ``cybersecurity risks''
and inserting ``cyber threat indicators, defensive measures,
cybersecurity risks,'';
(C) in paragraph (5)(A), by striking ``cybersecurity
risks'' and inserting ``cyber threat indicators, defensive
measures, cybersecurity risks,'';
(D) in paragraph (6)--
(i) by striking ``cybersecurity risks'' and inserting
``cyber threat indicators, defensive measures,
cybersecurity risks,''; and
(ii) by striking ``and'' at the end;
(E) in paragraph (7)--
(i) in subparagraph (A), by striking ``and'' at the
end;
(ii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(C) sharing cyber threat indicators and defensive
measures;''; and
(F) by adding at the end the following:
``(8) engaging with international partners, in consultation
with other appropriate agencies, to--
``(A) collaborate on cyber threat indicators, defensive
measures, and information related to cybersecurity risks and
incidents; and
``(B) enhance the security and resilience of global
cybersecurity;
``(9) sharing cyber threat indicators, defensive measures, and
other information related to cybersecurity risks and incidents with
Federal and non-Federal entities, including across sectors of
critical infrastructure and with State and major urban area fusion
centers, as appropriate;
``(10) participating, as appropriate, in national exercises run
by the Department; and
``(11) in coordination with the Office of Emergency
Communications of the Department, assessing and evaluating
consequence, vulnerability, and threat information regarding cyber
incidents to public safety communications to help facilitate
continuous improvements to the security and resiliency of such
communications.'';
(3) in subsection (d)(1)--
(A) in subparagraph (B)--
(i) in clause (i), by striking ``and local'' and
inserting ``, local, and tribal'';
(ii) in clause (ii), by striking ``; and'' and
inserting ``, including information sharing and analysis
centers;'';
(iii) in clause (iii), by adding ``and'' at the end;
and
(iv) by adding at the end the following:
``(iv) private entities;''.
(B) in subparagraph (D), by striking ``and'' at the end;
(C) by redesignating subparagraph (E) as subparagraph (F);
and
(D) by inserting after subparagraph (D) the following:
``(E) an entity that collaborates with State and local
governments on cybersecurity risks and incidents, and has
entered into a voluntary information sharing relationship with
the Center; and'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``cyber threat
indicators, defensive measures, and'' before
``information'';
(ii) in subparagraph (B), by inserting ``cyber threat
indicators, defensive measures, and'' before ``information
related'';
(iii) in subparagraph (F)--
(I) by striking ``cybersecurity risks'' and
inserting ``cyber threat indicators, defensive
measures, cybersecurity risks,''; and
(II) by striking ``and'' at the end;
(iv) in subparagraph (G), by striking ``cybersecurity
risks and incidents'' and inserting ``cyber threat
indicators, defensive measures, cybersecurity risks, and
incidents; and''; and
(v) by adding at the end the following:
``(H) the Center designates an agency contact for non-
Federal entities;'';
(B) in paragraph (2)--
(i) by striking ``cybersecurity risks'' and inserting
``cyber threat indicators, defensive measures,
cybersecurity risks,''; and
(ii) by inserting ``or disclosure'' after ``access'';
and
(C) in paragraph (3), by inserting before the period at the
end the following: ``, including by working with the Privacy
Officer appointed under section 222 to ensure that the Center
follows the policies and procedures specified in subsections
(b) and (d)(5)(C) of section 105 of the Cybersecurity Act of
2015''; and
(5) by adding at the end the following:
``(g) Automated Information Sharing.--
``(1) In general.--The Under Secretary appointed under section
103(a)(1)(H), in coordination with industry and other stakeholders,
shall develop capabilities making use of existing information
technology industry standards and best practices, as appropriate,
that support and rapidly advance the development, adoption, and
implementation of automated mechanisms for the sharing of cyber
threat indicators and defensive measures in accordance with title I
of the Cybersecurity Act of 2015.
``(2) Annual report.--The Under Secretary appointed under
section 103(a)(1)(H) shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee
on Homeland Security of the House of Representatives an annual
report on the status and progress of the development of the
capabilities described in paragraph (1). Such reports shall be
required until such capabilities are fully implemented.
``(h) Voluntary Information Sharing Procedures.--
``(1) Procedures.--
``(A) In general.--The Center may enter into a voluntary
information sharing relationship with any consenting non-
Federal entity for the sharing of cyber threat indicators and
defensive measures for cybersecurity purposes in accordance
with this section. Nothing in this subsection may be construed
to require any non-Federal entity to enter into any such
information sharing relationship with the Center or any other
entity. The Center may terminate a voluntary information
sharing relationship under this subsection, at the sole and
unreviewable discretion of the Secretary, acting through the
Under Secretary appointed under section 103(a)(1)(H), for any
reason, including if the Center determines that the non-Federal
entity with which the Center has entered into such a
relationship has violated the terms of this subsection.
``(B) National security.--The Secretary may decline to
enter into a voluntary information sharing relationship under
this subsection, at the sole and unreviewable discretion of the
Secretary, acting through the Under Secretary appointed under
section 103(a)(1)(H), for any reason, including if the
Secretary determines that such is appropriate for national
security.
``(2) Voluntary information sharing relationships.--A voluntary
information sharing relationship under this subsection may be
characterized as an agreement described in this paragraph.
``(A) Standard agreement.--For the use of a non-Federal
entity, the Center shall make available a standard agreement,
consistent with this section, on the Department's website.
``(B) Negotiated agreement.--At the request of a non-
Federal entity, and if determined appropriate by the Center, at
the sole and unreviewable discretion of the Secretary, acting
through the Under Secretary appointed under section
103(a)(1)(H), the Department shall negotiate a non-standard
agreement, consistent with this section.
``(C) Existing agreements.--An agreement between the Center
and a non-Federal entity that is entered into before the date
of enactment of this subsection, or such an agreement that is
in effect before such date, shall be deemed in compliance with
the requirements of this subsection, notwithstanding any other
provision or requirement of this subsection. An agreement under
this subsection shall include the relevant privacy protections
as in effect under the Cooperative Research and Development
Agreement for Cybersecurity Information Sharing and
Collaboration, as of December 31, 2014. Nothing in this
subsection may be construed to require a non-Federal entity to
enter into either a standard or negotiated agreement to be in
compliance with this subsection.
``(i) Direct Reporting.--The Secretary shall develop policies and
procedures for direct reporting to the Secretary by the Director of the
Center regarding significant cybersecurity risks and incidents.
``(j) Reports on International Cooperation.--Not later than 180
days after the date of enactment of this subsection, and periodically
thereafter, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
a report on the range of efforts underway to bolster cybersecurity
collaboration with relevant international partners in accordance with
subsection (c)(8).
``(k) Outreach.--Not later than 60 days after the date of enactment
of this subsection, the Secretary, acting through the Under Secretary
appointed under section 103(a)(1)(H), shall--
``(1) disseminate to the public information about how to
voluntarily share cyber threat indicators and defensive measures
with the Center; and
``(2) enhance outreach to critical infrastructure owners and
operators for purposes of such sharing.
``(l) Coordinated Vulnerability Disclosure.--The Secretary, in
coordination with industry and other stakeholders, may develop and
adhere to Department policies and procedures for coordinating
vulnerability disclosures.''.
SEC. 204. INFORMATION SHARING AND ANALYSIS ORGANIZATIONS.
Section 212 of the Homeland Security Act of 2002 (6 U.S.C. 131) is
amended--
(1) in paragraph (5)--
(A) in subparagraph (A)--
(i) by inserting ``, including information related to
cybersecurity risks and incidents,'' after ``critical
infrastructure information''; and
(ii) by inserting ``, including cybersecurity risks and
incidents,'' after ``related to critical infrastructure'';
(B) in subparagraph (B)--
(i) by inserting ``, including cybersecurity risks and
incidents,'' after ``critical infrastructure information'';
and
(ii) by inserting ``, including cybersecurity risks and
incidents,'' after ``related to critical infrastructure'';
and
(C) in subparagraph (C), by inserting ``, including
cybersecurity risks and incidents,'' after ``critical
infrastructure information''; and
(2) by adding at the end the following:
``(8) Cybersecurity risk; incident.--The terms `cybersecurity
risk' and `incident' have the meanings given those terms in section
227.''.
SEC. 205. NATIONAL RESPONSE FRAMEWORK.
Section 228 of the Homeland Security Act of 2002, as added by
section 223(a)(4) of this division, is amended by adding at the end the
following:
``(d) National Response Framework.--The Secretary, in coordination
with the heads of other appropriate Federal departments and agencies,
and in accordance with the National Cybersecurity Incident Response
Plan required under subsection (c), shall regularly update, maintain,
and exercise the Cyber Incident Annex to the National Response
Framework of the Department.''.
SEC. 206. REPORT ON REDUCING CYBERSECURITY RISKS IN DHS DATA
CENTERS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary shall submit to the appropriate congressional committees
a report on the feasibility of the Department creating an environment
for the reduction in cybersecurity risks in Department data centers,
including by increasing compartmentalization between systems, and
providing a mix of security controls between such compartments.
SEC. 207. ASSESSMENT.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report that includes--
(1) an assessment of the implementation by the Secretary of
this title and the amendments made by this title; and
(2) to the extent practicable, findings regarding increases in
the sharing of cyber threat indicators, defensive measures, and
information relating to cybersecurity risks and incidents at the
center established under section 227 of the Homeland Security Act
of 2002, as redesignated by section 223(a) of this division, and
throughout the United States.
SEC. 208. MULTIPLE SIMULTANEOUS CYBER INCIDENTS AT CRITICAL
INFRASTRUCTURE.
Not later than 1 year after the date of enactment of this Act, the
Under Secretary appointed under section 103(a)(1)(H) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) shall provide information
to the appropriate congressional committees on the feasibility of
producing a risk-informed plan to address the risk of multiple
simultaneous cyber incidents affecting critical infrastructure,
including cyber incidents that may have a cascading effect on other
critical infrastructure.
SEC. 209. REPORT ON CYBERSECURITY VULNERABILITIES OF UNITED STATES
PORTS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to the appropriate congressional committees,
the Committee on Commerce, Science and Transportation of the Senate,
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on cybersecurity vulnerabilities for the 10
United States ports that the Secretary determines are at greatest risk
of a cybersecurity incident and provide recommendations to mitigate
such vulnerabilities.
SEC. 210. PROHIBITION ON NEW REGULATORY AUTHORITY.
Nothing in this subtitle or the amendments made by this subtitle
may be construed to grant the Secretary any authority to promulgate
regulations or set standards relating to the cybersecurity of non-
Federal entities, not including State, local, and tribal governments,
that was not in effect on the day before the date of enactment of this
Act.
SEC. 211. TERMINATION OF REPORTING REQUIREMENTS.
Any reporting requirements in this subtitle shall terminate on the
date that is 7 years after the date of enactment of this Act.
Subtitle B--Federal Cybersecurity Enhancement
SEC. 221. SHORT TITLE.
This subtitle may be cited as the ``Federal Cybersecurity
Enhancement Act of 2015''.
SEC. 222. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the term
in section 3502 of title 44, United States Code.
(2) Agency information system.--The term ``agency information
system'' has the meaning given the term in section 228 of the
Homeland Security Act of 2002, as added by section 223(a)(4) of
this division.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives.
(4) Cybersecurity risk; information system.--The terms
``cybersecurity risk'' and ``information system'' have the meanings
given those terms in section 227 of the Homeland Security Act of
2002, as so redesignated by section 223(a)(3) of this division.
(5) Director.--The term ``Director'' means the Director of the
Office of Management and Budget.
(6) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)).
(7) National security system.--The term ``national security
system'' has the meaning given the term in section 11103 of title
40, United States Code.
(8) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
SEC. 223. IMPROVED FEDERAL NETWORK SECURITY.
(a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended--
(1) by redesignating section 228 as section 229;
(2) by redesignating section 227 as subsection (c) of section
228, as added by paragraph (4), and adjusting the margins
accordingly;
(3) by redesignating the second section designated as section
226 (relating to the national cybersecurity and communications
integration center) as section 227;
(4) by inserting after section 227, as so redesignated, the
following:
``SEC. 228. CYBERSECURITY PLANS.
``(a) Definitions.--In this section--
``(1) the term `agency information system' means an information
system used or operated by an agency or by another entity on behalf
of an agency;
``(2) the terms `cybersecurity risk' and `information system'
have the meanings given those terms in section 227;
``(3) the term `intelligence community' has the meaning given
the term in section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4)); and
``(4) the term `national security system' has the meaning given
the term in section 11103 of title 40, United States Code.
``(b) Intrusion Assessment Plan.--
``(1) Requirement.--The Secretary, in coordination with the
Director of the Office of Management and Budget, shall--
``(A) develop and implement an intrusion assessment plan to
proactively detect, identify, and remove intruders in agency
information systems on a routine basis; and
``(B) update such plan as necessary.
``(2) Exception.--The intrusion assessment plan required under
paragraph (1) shall not apply to the Department of Defense, a
national security system, or an element of the intelligence
community.'';
(5) in section 228(c), as so redesignated, by striking
``section 226'' and inserting ``section 227''; and
(6) by inserting after section 229, as so redesignated, the
following:
``SEC. 230. FEDERAL INTRUSION DETECTION AND PREVENTION SYSTEM.
``(a) Definitions.--In this section--
``(1) the term `agency' has the meaning given the term in
section 3502 of title 44, United States Code;
``(2) the term `agency information' means information collected
or maintained by or on behalf of an agency;
``(3) the term `agency information system' has the meaning
given the term in section 228; and
``(4) the terms `cybersecurity risk' and `information system'
have the meanings given those terms in section 227.
``(b) Requirement.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall deploy, operate, and
maintain, to make available for use by any agency, with or without
reimbursement--
``(A) a capability to detect cybersecurity risks in network
traffic transiting or traveling to or from an agency
information system; and
``(B) a capability to prevent network traffic associated
with such cybersecurity risks from transiting or traveling to
or from an agency information system or modify such network
traffic to remove the cybersecurity risk.
``(2) Regular improvement.--The Secretary shall regularly
deploy new technologies and modify existing technologies to the
intrusion detection and prevention capabilities described in
paragraph (1) as appropriate to improve the intrusion detection and
prevention capabilities.
``(c) Activities.--In carrying out subsection (b), the Secretary--
``(1) may access, and the head of an agency may disclose to the
Secretary or a private entity providing assistance to the Secretary
under paragraph (2), information transiting or traveling to or from
an agency information system, regardless of the location from which
the Secretary or a private entity providing assistance to the
Secretary under paragraph (2) accesses such information,
notwithstanding any other provision of law that would otherwise
restrict or prevent the head of an agency from disclosing such
information to the Secretary or a private entity providing
assistance to the Secretary under paragraph (2);
``(2) may enter into contracts or other agreements with, or
otherwise request and obtain the assistance of, private entities to
deploy, operate, and maintain technologies in accordance with
subsection (b);
``(3) may retain, use, and disclose information obtained
through the conduct of activities authorized under this section
only to protect information and information systems from
cybersecurity risks;
``(4) shall regularly assess through operational test and
evaluation in real world or simulated environments available
advanced protective technologies to improve detection and
prevention capabilities, including commercial and noncommercial
technologies and detection technologies beyond signature-based
detection, and acquire, test, and deploy such technologies when
appropriate;
``(5) shall establish a pilot through which the Secretary may
acquire, test, and deploy, as rapidly as possible, technologies
described in paragraph (4); and
``(6) shall periodically update the privacy impact assessment
required under section 208(b) of the E-Government Act of 2002 (44
U.S.C. 3501 note).
``(d) Principles.--In carrying out subsection (b), the Secretary
shall ensure that--
``(1) activities carried out under this section are reasonably
necessary for the purpose of protecting agency information and
agency information systems from a cybersecurity risk;
``(2) information accessed by the Secretary will be retained no
longer than reasonably necessary for the purpose of protecting
agency information and agency information systems from a
cybersecurity risk;
``(3) notice has been provided to users of an agency
information system concerning access to communications of users of
the agency information system for the purpose of protecting agency
information and the agency information system; and
``(4) the activities are implemented pursuant to policies and
procedures governing the operation of the intrusion detection and
prevention capabilities.
``(e) Private Entities.--
``(1) Conditions.--A private entity described in subsection
(c)(2) may not--
``(A) disclose any network traffic transiting or traveling
to or from an agency information system to any entity other
than the Department or the agency that disclosed the
information under subsection (c)(1), including personal
information of a specific individual or information that
identifies a specific individual not directly related to a
cybersecurity risk; or
``(B) use any network traffic transiting or traveling to or
from an agency information system to which the private entity
gains access in accordance with this section for any purpose
other than to protect agency information and agency information
systems against cybersecurity risks or to administer a contract
or other agreement entered into pursuant to subsection (c)(2)
or as part of another contract with the Secretary.
``(2) Limitation on liability.--No cause of action shall lie in
any court against a private entity for assistance provided to the
Secretary in accordance with this section and any contract or
agreement entered into pursuant to subsection (c)(2).
``(3) Rule of construction.--Nothing in paragraph (2) shall be
construed to authorize an Internet service provider to break a user
agreement with a customer without the consent of the customer.
``(f) Privacy Officer Review.--Not later than 1 year after the date
of enactment of this section, the Privacy Officer appointed under
section 222, in consultation with the Attorney General, shall review
the policies and guidelines for the program carried out under this
section to ensure that the policies and guidelines are consistent with
applicable privacy laws, including those governing the acquisition,
interception, retention, use, and disclosure of communications.''.
(b) Agency Responsibilities.--
(1) In general.--Except as provided in paragraph (2)--
(A) not later than 1 year after the date of enactment of
this Act or 2 months after the date on which the Secretary
makes available the intrusion detection and prevention
capabilities under section 230(b)(1) of the Homeland Security
Act of 2002, as added by subsection (a), whichever is later,
the head of each agency shall apply and continue to utilize the
capabilities to all information traveling between an agency
information system and any information system other than an
agency information system; and
(B) not later than 6 months after the date on which the
Secretary makes available improvements to the intrusion
detection and prevention capabilities pursuant to section
230(b)(2) of the Homeland Security Act of 2002, as added by
subsection (a), the head of each agency shall apply and
continue to utilize the improved intrusion detection and
prevention capabilities.
(2) Exception.--The requirements under paragraph (1) shall not
apply to the Department of Defense, a national security system, or
an element of the intelligence community.
(3) Definition.--Notwithstanding section 222, in this
subsection, the term ``agency information system'' means an
information system owned or operated by an agency.
(4) Rule of construction.--Nothing in this subsection shall be
construed to limit an agency from applying the intrusion detection
and prevention capabilities to an information system other than an
agency information system under section 230(b)(1) of the Homeland
Security Act of 2002, as added by subsection (a), at the discretion
of the head of the agency or as provided in relevant policies,
directives, and guidelines.
(c) Table of Contents Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is
amended by striking the items relating to the first section designated
as section 226, the second section designated as section 226 (relating
to the national cybersecurity and communications integration center),
section 227, and section 228 and inserting the following:
``Sec. 226. Cybersecurity recruitment and retention.
``Sec. 227. National cybersecurity and communications integration
center.
``Sec. 228. Cybersecurity plans.
``Sec. 229. Clearances.
``Sec. 230. Federal intrusion detection and prevention system.''.
SEC. 224. ADVANCED INTERNAL DEFENSES.
(a) Advanced Network Security Tools.--
(1) In general.--The Secretary shall include, in the efforts of
the Department to continuously diagnose and mitigate cybersecurity
risks, advanced network security tools to improve visibility of
network activity, including through the use of commercial and free
or open source tools, and to detect and mitigate intrusions and
anomalous activity.
(2) Development of plan.--The Director shall develop and the
Secretary shall implement a plan to ensure that each agency
utilizes advanced network security tools, including those described
in paragraph (1), to detect and mitigate intrusions and anomalous
activity.
(b) Prioritizing Advanced Security Tools.--The Director and the
Secretary, in consultation with appropriate agencies, shall--
(1) review and update Government-wide policies and programs to
ensure appropriate prioritization and use of network security
monitoring tools within agency networks; and
(2) brief appropriate congressional committees on such
prioritization and use.
(c) Improved Metrics.--The Secretary, in collaboration with the
Director, shall review and update the metrics used to measure security
under section 3554 of title 44, United States Code, to include measures
of intrusion and incident detection and response times.
(d) Transparency and Accountability.--The Director, in consultation
with the Secretary, shall increase transparency to the public on agency
cybersecurity posture, including by increasing the number of metrics
available on Federal Government performance websites and, to the
greatest extent practicable, displaying metrics for department
components, small agencies, and micro-agencies.
(e) Maintenance of Technologies.--Section 3553(b)(6)(B) of title
44, United States Code, is amended by inserting ``, operating, and
maintaining'' after ``deploying''.
(f) Exception.--The requirements under this section shall not apply
to the Department of Defense, a national security system, or an element
of the intelligence community.
SEC. 225. FEDERAL CYBERSECURITY REQUIREMENTS.
(a) Implementation of Federal Cybersecurity Standards.--Consistent
with section 3553 of title 44, United States Code, the Secretary, in
consultation with the Director, shall exercise the authority to issue
binding operational directives to assist the Director in ensuring
timely agency adoption of and compliance with policies and standards
promulgated under section 11331 of title 40, United States Code, for
securing agency information systems.
(b) Cybersecurity Requirements at Agencies.--
(1) In general.--Consistent with policies, standards,
guidelines, and directives on information security under subchapter
II of chapter 35 of title 44, United States Code, and the standards
and guidelines promulgated under section 11331 of title 40, United
States Code, and except as provided in paragraph (2), not later
than 1 year after the date of the enactment of this Act, the head
of each agency shall--
(A) identify sensitive and mission critical data stored by
the agency consistent with the inventory required under the
first subsection (c) (relating to the inventory of major
information systems) and the second subsection (c) (relating to
the inventory of information systems) of section 3505 of title
44, United States Code;
(B) assess access controls to the data described in
subparagraph (A), the need for readily accessible storage of
the data, and individuals' need to access the data;
(C) encrypt or otherwise render indecipherable to
unauthorized users the data described in subparagraph (A) that
is stored on or transiting agency information systems;
(D) implement a single sign-on trusted identity platform
for individuals accessing each public website of the agency
that requires user authentication, as developed by the
Administrator of General Services in collaboration with the
Secretary; and
(E) implement identity management consistent with section
504 of the Cybersecurity Enhancement Act of 2014 (Public Law
113-274; 15 U.S.C. 7464), including multi-factor
authentication, for--
(i) remote access to an agency information system; and
(ii) each user account with elevated privileges on an
agency information system.
(2) Exception.--The requirements under paragraph (1) shall not
apply to an agency information system for which--
(A) the head of the agency has personally certified to the
Director with particularity that--
(i) operational requirements articulated in the
certification and related to the agency information system
would make it excessively burdensome to implement the
cybersecurity requirement;
(ii) the cybersecurity requirement is not necessary to
secure the agency information system or agency information
stored on or transiting it; and
(iii) the agency has taken all necessary steps to
secure the agency information system and agency information
stored on or transiting it; and
(B) the head of the agency or the designee of the head of
the agency has submitted the certification described in
subparagraph (A) to the appropriate congressional committees
and the agency's authorizing committees.
(3) Construction.--Nothing in this section shall be construed
to alter the authority of the Secretary, the Director, or the
Director of the National Institute of Standards and Technology in
implementing subchapter II of chapter 35 of title 44, United States
Code. Nothing in this section shall be construed to affect the
National Institute of Standards and Technology standards process or
the requirement under section 3553(a)(4) of such title or to
discourage continued improvements and advancements in the
technology, standards, policies, and guidelines used to promote
Federal information security.
(c) Exception.--The requirements under this section shall not apply
to the Department of Defense, a national security system, or an element
of the intelligence community.
SEC. 226. ASSESSMENT; REPORTS.
(a) Definitions.--In this section:
(1) Agency information.--The term ``agency information'' has
the meaning given the term in section 230 of the Homeland Security
Act of 2002, as added by section 223(a)(6) of this division.
(2) Cyber threat indicator; defensive measure.--The terms
``cyber threat indicator'' and ``defensive measure'' have the
meanings given those terms in section 102.
(3) Intrusion assessments.--The term ``intrusion assessments''
means actions taken under the intrusion assessment plan to identify
and remove intruders in agency information systems.
(4) Intrusion assessment plan.--The term ``intrusion assessment
plan'' means the plan required under section 228(b)(1) of the
Homeland Security Act of 2002, as added by section 223(a)(4) of
this division.
(5) Intrusion detection and prevention capabilities.--The term
``intrusion detection and prevention capabilities'' means the
capabilities required under section 230(b) of the Homeland Security
Act of 2002, as added by section 223(a)(6) of this division.
(b) Third-party Assessment.--Not later than 3 years after the date
of enactment of this Act, the Comptroller General of the United States
shall conduct a study and publish a report on the effectiveness of the
approach and strategy of the Federal Government to securing agency
information systems, including the intrusion detection and prevention
capabilities and the intrusion assessment plan.
(c) Reports to Congress.--
(1) Intrusion detection and prevention capabilities.--
(A) Secretary of homeland security report.--Not later than
6 months after the date of enactment of this Act, and annually
thereafter, the Secretary shall submit to the appropriate
congressional committees a report on the status of
implementation of the intrusion detection and prevention
capabilities, including--
(i) a description of privacy controls;
(ii) a description of the technologies and capabilities
utilized to detect cybersecurity risks in network traffic,
including the extent to which those technologies and
capabilities include existing commercial and noncommercial
technologies;
(iii) a description of the technologies and
capabilities utilized to prevent network traffic associated
with cybersecurity risks from transiting or traveling to or
from agency information systems, including the extent to
which those technologies and capabilities include existing
commercial and noncommercial technologies;
(iv) a list of the types of indicators or other
identifiers or techniques used to detect cybersecurity
risks in network traffic transiting or traveling to or from
agency information systems on each iteration of the
intrusion detection and prevention capabilities and the
number of each such type of indicator, identifier, and
technique;
(v) the number of instances in which the intrusion
detection and prevention capabilities detected a
cybersecurity risk in network traffic transiting or
traveling to or from agency information systems and the
number of times the intrusion detection and prevention
capabilities blocked network traffic associated with
cybersecurity risk; and
(vi) a description of the pilot established under
section 230(c)(5) of the Homeland Security Act of 2002, as
added by section 223(a)(6) of this division, including the
number of new technologies tested and the number of
participating agencies.
(B) OMB report.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Director
shall submit to Congress, as part of the report required under
section 3553(c) of title 44, United States Code, an analysis of
agency application of the intrusion detection and prevention
capabilities, including--
(i) a list of each agency and the degree to which each
agency has applied the intrusion detection and prevention
capabilities to an agency information system; and
(ii) a list by agency of--
(I) the number of instances in which the intrusion
detection and prevention capabilities detected a
cybersecurity risk in network traffic transiting or
traveling to or from an agency information system and
the types of indicators, identifiers, and techniques
used to detect such cybersecurity risks; and
(II) the number of instances in which the intrusion
detection and prevention capabilities prevented network
traffic associated with a cybersecurity risk from
transiting or traveling to or from an agency
information system and the types of indicators,
identifiers, and techniques used to detect such agency
information systems.
(C) Chief information officer.--Not earlier than 18 months
after the date of enactment of this Act and not later than 2
years after the date of enactment of this Act, the Federal
Chief Information Officer shall review and submit to the
appropriate congressional committees a report assessing the
intrusion detection and intrusion prevention capabilities,
including--
(i) the effectiveness of the system in detecting,
disrupting, and preventing cyber-threat actors, including
advanced persistent threats, from accessing agency
information and agency information systems;
(ii) whether the intrusion detection and prevention
capabilities, continuous diagnostics and mitigation, and
other systems deployed under subtitle D of title II of the
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) are
effective in securing Federal information systems;
(iii) the costs and benefits of the intrusion detection
and prevention capabilities, including as compared to
commercial technologies and tools and including the value
of classified cyber threat indicators; and
(iv) the capability of agencies to protect sensitive
cyber threat indicators and defensive measures if they were
shared through unclassified mechanisms for use in
commercial technologies and tools.
(2) OMB report on development and implementation of intrusion
assessment plan, advanced internal defenses, and federal
cybersecurity requirements.--The Director shall--
(A) not later than 6 months after the date of enactment of
this Act, and 30 days after any update thereto, submit the
intrusion assessment plan to the appropriate congressional
committees;
(B) not later than 1 year after the date of enactment of
this Act, and annually thereafter, submit to Congress, as part
of the report required under section 3553(c) of title 44,
United States Code--
(i) a description of the implementation of the
intrusion assessment plan;
(ii) the findings of the intrusion assessments
conducted pursuant to the intrusion assessment plan;
(iii) a description of the advanced network security
tools included in the efforts to continuously diagnose and
mitigate cybersecurity risks pursuant to section 224(a)(1);
and
(iv) a list by agency of compliance with the
requirements of section 225(b); and
(C) not later than 1 year after the date of enactment of
this Act, submit to the appropriate congressional committees--
(i) a copy of the plan developed pursuant to section
224(a)(2); and
(ii) the improved metrics developed pursuant to section
224(c).
(d) Form.--Each report required under this section shall be
submitted in unclassified form, but may include a classified annex.
SEC. 227. TERMINATION.
(a) In General.--The authority provided under section 230 of the
Homeland Security Act of 2002, as added by section 223(a)(6) of this
division, and the reporting requirements under section 226(c) of this
division shall terminate on the date that is 7 years after the date of
enactment of this Act.
(b) Rule of Construction.--Nothing in subsection (a) shall be
construed to affect the limitation of liability of a private entity for
assistance provided to the Secretary under section 230(d)(2) of the
Homeland Security Act of 2002, as added by section 223(a)(6) of this
division, if such assistance was rendered before the termination date
under subsection (a) or otherwise during a period in which the
assistance was authorized.
SEC. 228. IDENTIFICATION OF INFORMATION SYSTEMS RELATING TO
NATIONAL SECURITY.
(a) In General.--Except as provided in subsection (c), not later
than 180 days after the date of enactment of this Act--
(1) the Director of National Intelligence and the Director of
the Office of Management and Budget, in coordination with the heads
of other agencies, shall--
(A) identify all unclassified information systems that
provide access to information that may provide an adversary
with the ability to derive information that would otherwise be
considered classified;
(B) assess the risks that would result from the breach of
each unclassified information system identified in subparagraph
(A); and
(C) assess the cost and impact on the mission carried out
by each agency that owns an unclassified information system
identified in subparagraph (A) if the system were to be
subsequently designated as a national security system; and
(2) the Director of National Intelligence and the Director of
the Office of Management and Budget shall submit to the appropriate
congressional committees, the Select Committee on Intelligence of
the Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives a report that includes the findings
under paragraph (1).
(b) Form.--The report submitted under subsection (a)(2) shall be in
unclassified form, and shall include a classified annex.
(c) Exception.--The requirements under subsection (a)(1) shall not
apply to the Department of Defense, a national security system, or an
element of the intelligence community.
(d) Rule of Construction.--Nothing in this section shall be
construed to designate an information system as a national security
system.
SEC. 229. DIRECTION TO AGENCIES.
(a) In General.--Section 3553 of title 44, United States Code, is
amended by adding at the end the following:
``(h) Direction to Agencies.--
``(1) Authority.--
``(A) In general.--Subject to subparagraph (B), in response
to a known or reasonably suspected information security threat,
vulnerability, or incident that represents a substantial threat
to the information security of an agency, the Secretary may
issue an emergency directive to the head of an agency to take
any lawful action with respect to the operation of the
information system, including such systems used or operated by
another entity on behalf of an agency, that collects,
processes, stores, transmits, disseminates, or otherwise
maintains agency information, for the purpose of protecting the
information system from, or mitigating, an information security
threat.
``(B) Exception.--The authorities of the Secretary under
this subsection shall not apply to a system described
subsection (d) or to a system described in paragraph (2) or (3)
of subsection (e).
``(2) Procedures for use of authority.--The Secretary shall--
``(A) in coordination with the Director, and in
consultation with Federal contractors as appropriate, establish
procedures governing the circumstances under which a directive
may be issued under this subsection, which shall include--
``(i) thresholds and other criteria;
``(ii) privacy and civil liberties protections; and
``(iii) providing notice to potentially affected third
parties;
``(B) specify the reasons for the required action and the
duration of the directive;
``(C) minimize the impact of a directive under this
subsection by--
``(i) adopting the least intrusive means possible under
the circumstances to secure the agency information systems;
and
``(ii) limiting directives to the shortest period
practicable;
``(D) notify the Director and the head of any affected
agency immediately upon the issuance of a directive under this
subsection;
``(E) consult with the Director of the National Institute
of Standards and Technology regarding any directive under this
subsection that implements standards and guidelines developed
by the National Institute of Standards and Technology;
``(F) ensure that directives issued under this subsection
do not conflict with the standards and guidelines issued under
section 11331 of title 40;
``(G) consider any applicable standards or guidelines
developed by the National Institute of Standards and Technology
issued by the Secretary of Commerce under section 11331 of
title 40; and
``(H) not later than February 1 of each year, submit to the
appropriate congressional committees a report regarding the
specific actions the Secretary has taken pursuant to paragraph
(1)(A).
``(3) Imminent threats.--
``(A) In general.--Notwithstanding section 3554, the
Secretary may authorize the use under this subsection of the
intrusion detection and prevention capabilities established
under section 230(b)(1) of the Homeland Security Act of 2002
for the purpose of ensuring the security of agency information
systems, if--
``(i) the Secretary determines there is an imminent
threat to agency information systems;
``(ii) the Secretary determines a directive under
subsection (b)(2)(C) or paragraph (1)(A) is not reasonably
likely to result in a timely response to the threat;
``(iii) the Secretary determines the risk posed by the
imminent threat outweighs any adverse consequences
reasonably expected to result from the use of the intrusion
detection and prevention capabilities under the control of
the Secretary;
``(iv) the Secretary provides prior notice to the
Director, and the head and chief information officer (or
equivalent official) of each agency to which specific
actions will be taken pursuant to this paragraph, and
notifies the appropriate congressional committees and
authorizing committees of each such agency within 7 days of
taking an action under this paragraph of--
``(I) any action taken under this paragraph; and
``(II) the reasons for and duration and nature of
the action;
``(v) the action of the Secretary is consistent with
applicable law; and
``(vi) the Secretary authorizes the use of the
intrusion detection and prevention capabilities in
accordance with the advance procedures established under
subparagraph (C).
``(B) Limitation on delegation.--The authority under this
paragraph may not be delegated by the Secretary.
``(C) Advance procedures.--The Secretary shall, in
coordination with the Director, and in consultation with the
heads of Federal agencies, establish procedures governing the
circumstances under which the Secretary may authorize the use
of the intrusion detection and prevention capabilities under
subparagraph (A). The Secretary shall submit the procedures to
Congress.
``(4) Limitation.--The Secretary may direct or authorize lawful
action or the use of the intrusion detection and prevention
capabilities under this subsection only to--
``(A) protect agency information from unauthorized access,
use, disclosure, disruption, modification, or destruction; or
``(B) require the remediation of or protect against
identified information security risks with respect to--
``(i) information collected or maintained by or on
behalf of an agency; or
``(ii) that portion of an information system used or
operated by an agency or by a contractor of an agency or
other organization on behalf of an agency.
``(i) Annual Report to Congress.--Not later than February 1 of each
year, the Director and the Secretary shall submit to the appropriate
congressional committees a report regarding the specific actions the
Director and the Secretary have taken pursuant to subsection (a)(5),
including any actions taken pursuant to section 11303(b)(5) of title
40.
``(j) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the Committee on Appropriations and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
``(2) the Committee on Appropriations, the Committee on
Homeland Security, the Committee on Oversight and Government
Reform, and the Committee on Science, Space, and Technology of the
House of Representatives.''.
(b) Conforming Amendment.--Section 3554(a)(1)(B) of title 44,
United States Code, is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(v) emergency directives issued by the Secretary
under section 3553(h); and''.
TITLE III--FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Federal Cybersecurity Workforce
Assessment Act of 2015''.
SEC. 302. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Commerce, Science, and Transportation
of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Homeland Security of the House of
Representatives;
(G) the Committee on Oversight and Government Reform of the
House of Representatives; and
(H) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Director.--The term ``Director'' means the Director of the
Office of Personnel Management.
(3) National initiative for cybersecurity education.--The term
``National Initiative for Cybersecurity Education'' means the
initiative under the national cybersecurity awareness and education
program, as authorized under section 401 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7451).
(4) Work roles.--The term `` work roles'' means a specialized
set of tasks and functions requiring specific knowledge, skills,
and abilities.
SEC. 303. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT INITIATIVE.
(a) In General.--The head of each Federal agency shall--
(1) identify all positions within the agency that require the
performance of cybersecurity or other cyber-related functions; and
(2) assign the corresponding employment code under the National
Initiative for Cybersecurity Education in accordance with
subsection (b).
(b) Employment Codes.--
(1) Procedures.--
(A) Coding structure.--Not later than 180 days after the
date of the enactment of this Act, the Director, in
coordination with the National Institute of Standards and
Technology, shall develop a coding structure under the National
Initiative for Cybersecurity Education.
(B) Identification of civilian cyber personnel.--Not later
than 9 months after the date of enactment of this Act, the
Director, in coordination with the Secretary of Homeland
Security, the Director of the National Institute of Standards
and Technology, and the Director of National Intelligence,
shall establish procedures to implement the National Initiative
for Cybersecurity Education coding structure to identify all
Federal civilian positions that require the performance of
information technology, cybersecurity, or other cyber-related
functions.
(C) Identification of noncivilian cyber personnel.--Not
later than 18 months after the date of enactment of this Act,
the Secretary of Defense shall establish procedures to
implement the National Initiative for Cybersecurity Education's
coding structure to identify all Federal noncivilian positions
that require the performance of information technology,
cybersecurity, or other cyber-related functions.
(D) Baseline assessment of existing cybersecurity
workforce.--Not later than 3 months after the date on which the
procedures are developed under subparagraphs (B) and (C),
respectively, the head of each Federal agency shall submit to
the appropriate congressional committees of jurisdiction a
report that identifies--
(i) the percentage of personnel with information
technology, cybersecurity, or other cyber-related job
functions who currently hold the appropriate industry-
recognized certifications as identified under the National
Initiative for Cybersecurity Education;
(ii) the level of preparedness of other civilian and
noncivilian cyber personnel without existing credentials to
take certification exams; and
(iii) a strategy for mitigating any gaps identified in
clause (i) or (ii) with the appropriate training and
certification for existing personnel.
(E) Procedures for assigning codes.--Not later than 3
months after the date on which the procedures are developed
under subparagraphs (B) and (C), respectively, the head of each
Federal agency shall establish procedures--
(i) to identify all encumbered and vacant positions
with information technology, cybersecurity, or other cyber-
related functions (as defined in the National Initiative
for Cybersecurity Education's coding structure); and
(ii) to assign the appropriate employment code to each
such position, using agreed standards and definitions.
(2) Code assignments.--Not later than 1 year after the date
after the procedures are established under paragraph (1)(E), the
head of each Federal agency shall complete assignment of the
appropriate employment code to each position within the agency with
information technology, cybersecurity, or other cyber-related
functions.
(c) Progress Report.--Not later than 180 days after the date of
enactment of this Act, the Director shall submit a progress report on
the implementation of this section to the appropriate congressional
committees.
SEC. 304. IDENTIFICATION OF CYBER-RELATED WORK ROLES OF CRITICAL
NEED.
(a) In General.--Beginning not later than 1 year after the date on
which the employment codes are assigned to employees pursuant to
section 303(b)(2), and annually thereafter through 2022, the head of
each Federal agency, in consultation with the Director, the Director of
the National Institute of Standards and Technology, and the Secretary
of Homeland Security, shall--
(1) identify information technology, cybersecurity, or other
cyber-related work roles of critical need in the agency's
workforce; and
(2) submit a report to the Director that--
(A) describes the information technology, cybersecurity, or
other cyber-related roles identified under paragraph (1); and
(B) substantiates the critical need designations.
(b) Guidance.--The Director shall provide Federal agencies with
timely guidance for identifying information technology, cybersecurity,
or other cyber-related roles of critical need, including--
(1) current information technology, cybersecurity, and other
cyber-related roles with acute skill shortages; and
(2) information technology, cybersecurity, or other cyber-
related roles with emerging skill shortages.
(c) Cybersecurity Needs Report.--Not later than 2 years after the
date of the enactment of this Act, the Director, in consultation with
the Secretary of Homeland Security, shall--
(1) identify critical needs for information technology,
cybersecurity, or other cyber-related workforce across all Federal
agencies; and
(2) submit a progress report on the implementation of this
section to the appropriate congressional committees.
SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS.
The Comptroller General of the United States shall--
(1) analyze and monitor the implementation of sections 303 and
304; and
(2) not later than 3 years after the date of the enactment of
this Act, submit a report to the appropriate congressional
committees that describes the status of such implementation.
TITLE IV--OTHER CYBER MATTERS
SEC. 401. STUDY ON MOBILE DEVICE SECURITY.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Director of the National Institute of Standards
and Technology, shall--
(1) complete a study on threats relating to the security of the
mobile devices of the Federal Government; and
(2) submit an unclassified report to Congress, with a
classified annex if necessary, that contains the findings of such
study, the recommendations developed under paragraph (3) of
subsection (b), the deficiencies, if any, identified under (4) of
such subsection, and the plan developed under paragraph (5) of such
subsection.
(b) Matters Studied.--In carrying out the study under subsection
(a)(1), the Secretary, in consultation with the Director of the
National Institute of Standards and Technology, shall--
(1) assess the evolution of mobile security techniques from a
desktop-centric approach, and whether such techniques are adequate
to meet current mobile security challenges;
(2) assess the effect such threats may have on the
cybersecurity of the information systems and networks of the
Federal Government (except for national security systems or the
information systems and networks of the Department of Defense and
the intelligence community);
(3) develop recommendations for addressing such threats based
on industry standards and best practices;
(4) identify any deficiencies in the current authorities of the
Secretary that may inhibit the ability of the Secretary to address
mobile device security throughout the Federal Government (except
for national security systems and the information systems and
networks of the Department of Defense and intelligence community);
and
(5) develop a plan for accelerated adoption of secure mobile
device technology by the Department of Homeland Security.
(c) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given such term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
SEC. 402. DEPARTMENT OF STATE INTERNATIONAL CYBERSPACE POLICY
STRATEGY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall produce a
comprehensive strategy relating to United States international policy
with regard to cyberspace.
(b) Elements.--The strategy required by subsection (a) shall
include the following:
(1) A review of actions and activities undertaken by the
Secretary of State to date to support the goal of the President's
International Strategy for Cyberspace, released in May 2011, to
``work internationally to promote an open, interoperable, secure,
and reliable information and communications infrastructure that
supports international trade and commerce, strengthens
international security, and fosters free expression and
innovation.''.
(2) A plan of action to guide the diplomacy of the Secretary of
State, with regard to foreign countries, including conducting
bilateral and multilateral activities to develop the norms of
responsible international behavior in cyberspace, and status review
of existing discussions in multilateral fora to obtain agreements
on international norms in cyberspace.
(3) A review of the alternative concepts with regard to
international norms in cyberspace offered by foreign countries that
are prominent actors, including China, Russia, Brazil, and India.
(4) A detailed description of threats to United States national
security in cyberspace from foreign countries, state-sponsored
actors, and private actors to Federal and private sector
infrastructure of the United States, intellectual property in the
United States, and the privacy of citizens of the United States.
(5) A review of policy tools available to the President to
deter foreign countries, state-sponsored actors, and private
actors, including those outlined in Executive Order 13694, released
on April 1, 2015.
(6) A review of resources required by the Secretary, including
the Office of the Coordinator for Cyber Issues, to conduct
activities to build responsible norms of international cyber
behavior.
(c) Consultation.--In preparing the strategy required by subsection
(a), the Secretary of State shall consult, as appropriate, with other
agencies and departments of the United States and the private sector
and nongovernmental organizations in the United States with recognized
credentials and expertise in foreign policy, national security, and
cybersecurity.
(d) Form of Strategy.--The strategy required by subsection (a)
shall be in unclassified form, but may include a classified annex.
(e) Availability of Information.--The Secretary of State shall--
(1) make the strategy required in subsection (a) available the
public; and
(2) brief the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of Representatives on
the strategy, including any material contained in a classified
annex.
SEC. 403. APPREHENSION AND PROSECUTION OF INTERNATIONAL CYBER
CRIMINALS.
(a) International Cyber Criminal Defined.--In this section, the
term ``international cyber criminal'' means an individual--
(1) who is believed to have committed a cybercrime or
intellectual property crime against the interests of the United
States or the citizens of the United States; and
(2) for whom--
(A) an arrest warrant has been issued by a judge in the
United States; or
(B) an international wanted notice (commonly referred to as
a ``Red Notice'') has been circulated by Interpol.
(b) Consultations for Noncooperation.--The Secretary of State, or
designee, shall consult with the appropriate government official of
each country from which extradition is not likely due to the lack of an
extradition treaty with the United States or other reasons, in which
one or more international cyber criminals are physically present, to
determine what actions the government of such country has taken--
(1) to apprehend and prosecute such criminals; and
(2) to prevent such criminals from carrying out cybercrimes or
intellectual property crimes against the interests of the United
States or its citizens.
(c) Annual Report.--
(1) In general.--The Secretary of State shall submit to the
appropriate congressional committees an annual report that
includes--
(A) the number of international cyber criminals located in
other countries, disaggregated by country, and indicating from
which countries extradition is not likely due to the lack of an
extradition treaty with the United States or other reasons;
(B) the nature and number of significant discussions by an
official of the Department of State on ways to thwart or
prosecute international cyber criminals with an official of
another country, including the name of each such country; and
(C) for each international cyber criminal who was
extradited to the United States during the most recently
completed calendar year--
(i) his or her name;
(ii) the crimes for which he or she was charged;
(iii) his or her previous country of residence; and
(iv) the country from which he or she was extradited
into the United States.
(2) Form.--The report required by this subsection shall be in
unclassified form to the maximum extent possible, but may include a
classified annex.
(3) Appropriate congressional committees.--For purposes of this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Homeland Security and
Governmental Affairs, the Committee on Banking, Housing, and
Urban Affairs, the Select Committee on Intelligence, and the
Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Homeland Security, the
Committee on Financial Services, the Permanent Select Committee
on Intelligence, and the Committee on the Judiciary of the
House of Representatives.
SEC. 404. ENHANCEMENT OF EMERGENCY SERVICES.
(a) Collection of Data.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security, acting
through the center established under section 227 of the Homeland
Security Act of 2002, as redesignated by section 223(a)(3) of this
division, in coordination with appropriate Federal entities and the
Director for Emergency Communications, shall establish a process by
which a Statewide Interoperability Coordinator may report data on any
cybersecurity risk or incident involving any information system or
network used by emergency response providers (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101)) within the State.
(b) Analysis of Data.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Director of the National Cybersecurity and Communications
Integration Center, in coordination with appropriate entities and the
Director for Emergency Communications, and in consultation with the
Secretary of Commerce, acting through the Director of the National
Institute of Standards and Technology, shall conduct integration and
analysis of the data reported under subsection (a) to develop
information and recommendations on security and resilience measures for
any information system or network used by State emergency response
providers.
(c) Best Practices.--
(1) In general.--Using the results of the integration and
analysis conducted under subsection (b), and any other relevant
information, the Director of the National Institute of Standards
and Technology shall, on an ongoing basis, facilitate and support
the development of methods for reducing cybersecurity risks to
emergency response providers using the process described in section
2(e) of the National Institute of Standards and Technology Act (15
U.S.C. 272(e)).
(2) Report.--The Director of the National Institute of
Standards and Technology shall submit to Congress a report on the
result of the activities of the Director under paragraph (1),
including any methods developed by the Director under such
paragraph, and shall make such report publicly available on the
website of the National Institute of Standards and Technology.
(d) Rule of Construction.--Nothing in this section shall be
construed to--
(1) require a State to report data under subsection (a); or
(2) require a non-Federal entity (as defined in section 102)
to--
(A) adopt a recommended measure developed under subsection
(b); or
(B) follow the result of the activities carried out under
subsection (c), including any methods developed under such
subsection.
SEC. 405. IMPROVING CYBERSECURITY IN THE HEALTH CARE INDUSTRY.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Health, Education, Labor, and
Pensions, the Committee on Homeland Security and Governmental
Affairs, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Energy and Commerce, the Committee on
Homeland Security, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Business associate.--The term ``business associate'' has
the meaning given such term in section 160.103 of title 45, Code of
Federal Regulations (as in effect on the day before the date of the
enactment of this Act).
(3) Covered entity.--The term ``covered entity'' has the
meaning given such term in section 160.103 of title 45, Code of
Federal Regulations (as in effect on the day before the date of the
enactment of this Act).
(4) Cybersecurity threat; cyber threat indicator; defensive
measure; federal entity; non-federal entity; private entity.--The
terms ``cybersecurity threat'', ``cyber threat indicator'',
``defensive measure'', ``Federal entity'', ``non-Federal entity'',
and ``private entity'' have the meanings given such terms in
section 102 of this division.
(5) Health care clearinghouse; health care provider; health
plan.--The terms ``health care clearinghouse'', ``health care
provider'', and ``health plan'' have the meanings given such terms
in section 160.103 of title 45, Code of Federal Regulations (as in
effect on the day before the date of the enactment of this Act).
(6) Health care industry stakeholder.--The term ``health care
industry stakeholder'' means any--
(A) health plan, health care clearinghouse, or health care
provider;
(B) advocate for patients or consumers;
(C) pharmacist;
(D) developer or vendor of health information technology;
(E) laboratory;
(F) pharmaceutical or medical device manufacturer; or
(G) additional stakeholder the Secretary determines
necessary for purposes of subsection (b)(1), (c)(1), (c)(3), or
(d)(1).
(7) Secretary.--The term ``Secretary'' means the Secretary of
Health and Human Services.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report on the preparedness of the Department of Health and Human
Services and health care industry stakeholders in responding to
cybersecurity threats.
(2) Contents of report.--With respect to the internal response
of the Department of Health and Human Services to emerging
cybersecurity threats, the report under paragraph (1) shall
include--
(A) a clear statement of the official within the Department
of Health and Human Services to be responsible for leading and
coordinating efforts of the Department regarding cybersecurity
threats in the health care industry; and
(B) a plan from each relevant operating division and
subdivision of the Department of Health and Human Services on
how such division or subdivision will address cybersecurity
threats in the health care industry, including a clear
delineation of how each such division or subdivision will
divide responsibility among the personnel of such division or
subdivision and communicate with other such divisions and
subdivisions regarding efforts to address such threats.
(c) Health Care Industry Cybersecurity Task Force.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in consultation with the
Director of the National Institute of Standards and Technology and
the Secretary of Homeland Security, shall convene health care
industry stakeholders, cybersecurity experts, and any Federal
agencies or entities the Secretary determines appropriate to
establish a task force to--
(A) analyze how industries, other than the health care
industry, have implemented strategies and safeguards for
addressing cybersecurity threats within their respective
industries;
(B) analyze challenges and barriers private entities
(excluding any State, tribal, or local government) in the
health care industry face securing themselves against cyber
attacks;
(C) review challenges that covered entities and business
associates face in securing networked medical devices and other
software or systems that connect to an electronic health
record;
(D) provide the Secretary with information to disseminate
to health care industry stakeholders of all sizes for purposes
of improving their preparedness for, and response to,
cybersecurity threats affecting the health care industry;
(E) establish a plan for implementing title I of this
division, so that the Federal Government and health care
industry stakeholders may in real time, share actionable cyber
threat indicators and defensive measures; and
(F) report to the appropriate congressional committees on
the findings and recommendations of the task force regarding
carrying out subparagraphs (A) through (E).
(2) Termination.--The task force established under this
subsection shall terminate on the date that is 1 year after the
date on which such task force is established.
(3) Dissemination.--Not later than 60 days after the
termination of the task force established under this subsection,
the Secretary shall disseminate the information described in
paragraph (1)(D) to health care industry stakeholders in accordance
with such paragraph.
(d) Aligning Health Care Industry Security Approaches.--
(1) In general.--The Secretary shall establish, through a
collaborative process with the Secretary of Homeland Security,
health care industry stakeholders, the Director of the National
Institute of Standards and Technology, and any Federal entity or
non-Federal entity the Secretary determines appropriate, a common
set of voluntary, consensus-based, and industry-led guidelines,
best practices, methodologies, procedures, and processes that--
(A) serve as a resource for cost-effectively reducing
cybersecurity risks for a range of health care organizations;
(B) support voluntary adoption and implementation efforts
to improve safeguards to address cybersecurity threats;
(C) are consistent with--
(i) the standards, guidelines, best practices,
methodologies, procedures, and processes developed under
section 2(c)(15) of the National Institute of Standards and
Technology Act (15 U.S.C. 272(c)(15));
(ii) the security and privacy regulations promulgated
under section 264(c) of the Health Insurance Portability
and Accountability Act of 1996 (42 U.S.C. 1320d-2 note);
and
(iii) the provisions of the Health Information
Technology for Economic and Clinical Health Act (title XIII
of division A, and title IV of division B, of Public Law
111-5), and the amendments made by such Act; and
(D) are updated on a regular basis and applicable to a
range of health care organizations.
(2) Limitation.--Nothing in this subsection shall be
interpreted as granting the Secretary authority to--
(A) provide for audits to ensure that health care
organizations are in compliance with this subsection; or
(B) mandate, direct, or condition the award of any Federal
grant, contract, or purchase, on compliance with this
subsection.
(3) No liability for nonparticipation.--Nothing in this section
shall be construed to subject a health care industry stakeholder to
liability for choosing not to engage in the voluntary activities
authorized or guidelines developed under this subsection.
(e) Incorporating Ongoing Activities.--In carrying out the
activities under this section, the Secretary may incorporate activities
that are ongoing as of the day before the date of enactment of this Act
and that are consistent with the objectives of this section.
(f) Rule of Construction.--Nothing in this section shall be
construed to limit the antitrust exemption under section 104(e) or the
protection from liability under section 106.
SEC. 406. FEDERAL COMPUTER SECURITY.
(a) Definitions.--In this section:
(1) Covered system.--The term ``covered system'' shall mean a
national security system as defined in section 11103 of title 40,
United States Code, or a Federal computer system that provides
access to personally identifiable information.
(2) Covered agency.--The term ``covered agency'' means an
agency that operates a covered system.
(3) Logical access control.--The term ``logical access
control'' means a process of granting or denying specific requests
to obtain and use information and related information processing
services.
(4) Multi-factor authentication.--The term ``multi-factor
authentication'' means the use of not fewer than 2 authentication
factors, such as the following:
(A) Something that is known to the user, such as a password
or personal identification number.
(B) An access device that is provided to the user, such as
a cryptographic identification device or token.
(C) A unique biometric characteristic of the user.
(5) Privileged user.--The term ``privileged user'' means a user
who has access to system control, monitoring, or administrative
functions.
(b) Inspector General Reports on Covered Systems.--
(1) In general.--Not later than 240 days after the date of
enactment of this Act, the Inspector General of each covered agency
shall submit to the appropriate committees of jurisdiction in the
Senate and the House of Representatives a report, which shall
include information collected from the covered agency for the
contents described in paragraph (2) regarding the Federal computer
systems of the covered agency.
(2) Contents.--The report submitted by each Inspector General
of a covered agency under paragraph (1) shall include, with respect
to the covered agency, the following:
(A) A description of the logical access policies and
practices used by the covered agency to access a covered
system, including whether appropriate standards were followed.
(B) A description and list of the logical access controls
and multi-factor authentication used by the covered agency to
govern access to covered systems by privileged users.
(C) If the covered agency does not use logical access
controls or multi-factor authentication to access a covered
system, a description of the reasons for not using such logical
access controls or multi-factor authentication.
(D) A description of the following information security
management practices used by the covered agency regarding
covered systems:
(i) The policies and procedures followed to conduct
inventories of the software present on the covered systems
of the covered agency and the licenses associated with such
software.
(ii) What capabilities the covered agency utilizes to
monitor and detect exfiltration and other threats,
including--
(I) data loss prevention capabilities;
(II) forensics and visibility capabilities; or
(III) digital rights management capabilities.
(iii) A description of how the covered agency is using
the capabilities described in clause (ii).
(iv) If the covered agency is not utilizing
capabilities described in clause (ii), a description of the
reasons for not utilizing such capabilities.
(E) A description of the policies and procedures of the
covered agency with respect to ensuring that entities,
including contractors, that provide services to the covered
agency are implementing the information security management
practices described in subparagraph (D).
(3) Existing review.--The reports required under this
subsection may be based in whole or in part on an audit,
evaluation, or report relating to programs or practices of the
covered agency, and may be submitted as part of another report,
including the report required under section 3555 of title 44,
United States Code.
(4) Classified information.--Reports submitted under this
subsection shall be in unclassified form, but may include a
classified annex.
SEC. 407. STOPPING THE FRAUDULENT SALE OF FINANCIAL INFORMATION OF
PEOPLE OF THE UNITED STATES.
Section 1029(h) of title 18, United States Code, is amended by
striking ``title if--'' and all that follows through ``therefrom.'' and
inserting ``title if the offense involves an access device issued,
owned, managed, or controlled by a financial institution, account
issuer, credit card system member, or other entity organized under the
laws of the United States, or any State, the District of Columbia, or
other territory of the United States.''.
DIVISION O--OTHER MATTERS
SEC. 1. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 1. Table of contents.
TITLE I--OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY
Sec. 101. Oil Exports, Safety Valve, and Maritime Security.
TITLE II--TERRORIST TRAVEL PREVENTION AND VISA WAIVER PROGRAM REFORM
Sec. 201. Short title.
Sec. 202. Electronic passport requirement.
Sec. 203. Restriction on use of visa waiver program for aliens who
travel to certain countries.
Sec. 204. Designation requirements for program countries.
Sec. 205. Reporting requirements.
Sec. 206. High risk program countries.
Sec. 207. Enhancements to the electronic system for travel
authorization.
Sec. 208. Provision of assistance to non-program countries.
Sec. 209. Clerical amendments.
Sec. 210. Sense of Congress.
TITLE III--JAMES ZADROGA 9/11 HEALTH AND COMPENSATION REAUTHORIZATION
ACT
Sec. 301. Short title.
Sec. 302. Reauthorizing the World Trade Center Health Program.
TITLE IV--JAMES ZADROGA 9/11 VICTIM COMPENSATION FUND REAUTHORIZATION
Sec. 401. Short title.
Sec. 402. Reauthorizing the September 11th Victim Compensation Fund of
2001.
Sec. 403. Amendment to exempt programs.
Sec. 404. Compensation for United States Victims of State Sponsored
Terrorism Act.
Sec. 405. Budgetary provisions.
TITLE V--MEDICARE AND MEDICAID PROVISIONS
Sec. 501. Medicare Improvement Fund.
Sec. 502. Medicare payment incentive for the transition from traditional
x-ray imaging to digital radiography and other Medicare
imaging payment provision.
Sec. 503. Limiting Federal Medicaid reimbursement to States for durable
medical equipment (DME) to Medicare payment rates.
Sec. 504. Treatment of disposable devices.
TITLE VI--PUERTO RICO
Sec. 601. Modification of Medicare inpatient hospital payment rate for
Puerto Rico hospitals.
Sec. 602. Application of Medicare HITECH payments to hospitals in Puerto
Rico.
TITLE VII--FINANCIAL SERVICES
Sec. 701. Table of contents.
Sec. 702. Limitations on sale of preferred stock.
Sec. 703. Confidentiality of information shared between State and
Federal financial services regulators.
Sec. 704. Application of FACA.
Sec. 705. Treatment of affiliate transactions.
Sec. 706. Ensuring the protection of insurance policyholders.
Sec. 707. Limitation on SEC funds.
Sec. 708. Elimination of reporting requirement.
Sec. 709. Extension of Hardest Hit Fund; Termination of Home Affordable
Modification Program.
TITLE VIII--LAND AND WATER CONSERVATION FUND
Sec. 801. Land and Water Conservation Fund.
TITLE IX--NATIONAL OCEANS AND COASTAL SECURITY
Sec. 901. Short title.
Sec. 902. Definitions.
Sec. 903. Purposes and agreements.
Sec. 904. National Oceans and Coastal Security Fund.
Sec. 905. Eligible uses.
Sec. 906. Grants.
Sec. 907. Annual report.
Sec. 908. Funding.
TITLE X--BUDGETARY PROVISIONS
Sec. 1001. Budgetary effects.
Sec. 1002. Authority to make adjustment in FY 2016 allocation.
Sec. 1003. Estimates.
TITLE XI--IRAQ LOAN AUTHORITY
Sec. 1101. Iraq loan authority.
TITLE I--OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY
SEC. 101. OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY.
(a) Repeal.--Section 103 of the Energy Policy and Conservation Act
(42 U.S.C. 6212) and the item relating thereto in the table of contents
of that Act are repealed.
(b) National Policy on Oil Export Restriction.--Notwithstanding any
other provision of law, except as provided in subsections (c) and (d),
to promote the efficient exploration, production, storage, supply,
marketing, pricing, and regulation of energy resources, including
fossil fuels, no official of the Federal Government shall impose or
enforce any restriction on the export of crude oil.
(c) Savings Clause.--Nothing in this section limits the authority
of the President under the Constitution, the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) or regulations issued
under that Act (other than section 754.2 of title 15, Code of Federal
Regulations), the National Emergencies Act (50 U.S.C. 1601 et seq.),
part B of title II of the Energy Policy and Conservation Act (42 U.S.C.
6271 et seq.), the Trading With the Enemy Act (50 U.S.C. App. 1 et
seq.), or any other provision of law that imposes sanctions on a
foreign person or foreign government (including any provision of law
that prohibits or restricts United States persons from engaging in a
transaction with a sanctioned person or government), including a
foreign government that is designated as a state sponsor of terrorism,
to prohibit exports.
(d) Exceptions and Presidential Authority.--
(1) In general.--The President may impose export licensing
requirements or other restrictions on the export of crude oil from
the United States for a period of not more than 1 year, if--
(A) the President declares a national emergency and
formally notices the declaration of a national emergency in the
Federal Register;
(B) the export licensing requirements or other restrictions
on the export of crude oil from the United States under this
subsection apply to 1 or more countries, persons, or
organizations in the context of sanctions or trade restrictions
imposed by the United States for reasons of national security
by the Executive authority of the President or by Congress; or
(C) the Secretary of Commerce, in consultation with the
Secretary of Energy, finds and reports to the President that--
(i) the export of crude oil pursuant to this Act has
caused sustained material oil supply shortages or sustained
oil prices significantly above world market levels that are
directly attributable to the export of crude oil produced
in the United States; and
(ii) those supply shortages or price increases have
caused or are likely to cause sustained material adverse
employment effects in the United States.
(2) Renewal.--Any requirement or restriction imposed pursuant
to subparagraph (A) of paragraph (1) may be renewed for 1 or more
additional periods of not more than 1 year each.
(e) National Defense Sealift Enhancement.--
(1) Payments.--Section 53106(a)(1) of title 46, United States
Code, is amended--
(A) in subparagraph (B), by striking the comma before ``for
each'';
(B) in subparagraph (C), by striking ``2015, 2016, 2017,
and 2018;'' and inserting ``and 2015;'';
(C) by redesignating subparagraph (E) as subparagraph (G);
and
(D) by striking subparagraph (D) and inserting the
following:
``(D) $4,999,950 for fiscal year 2017;
``(E) $5,000,000 for each of fiscal years 2018, 2019, and
2020;
``(F) $5,233,463 for fiscal year 2021; and''.
(2) Authorization of appropriations.--Section 53111 of title
46, United States Code, is amended--
(A) in paragraph (3), by striking ``2015, 2017, and 2018;''
and inserting ``and 2015'';
(B) by redesignating paragraph (5) as paragraph (7); and
(C) by striking paragraph (4) and inserting the following:
``(4) $299,997,000 for fiscal year 2017;
``(5) $300,000,000 for each of fiscal years 2018, 2019, and
2020;
``(6) $314,007,780 for fiscal year 2021; and''.
TITLE II--TERRORIST TRAVEL PREVENTION AND VISA WAIVER PROGRAM REFORM
SEC. 201. SHORT TITLE.
This title may be cited as the ``Visa Waiver Program Improvement
and Terrorist Travel Prevention Act of 2015''.
SEC. 202. ELECTRONIC PASSPORT REQUIREMENT.
(a) Requirement for Alien to Possess Electronic Passport.--Section
217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3))
is amended to read as follows:
``(3) Passport requirements.--The alien, at the time of
application for admission, is in possession of a valid unexpired
passport that satisfies the following:
``(A) Machine readable.--The passport is a machine-readable
passport that is tamper-resistant, incorporates document
authentication identifiers, and otherwise satisfies the
internationally accepted standard for machine readability.
``(B) Electronic.--Beginning on April 1, 2016, the passport
is an electronic passport that is fraud-resistant, contains
relevant biographic and biometric information (as determined by
the Secretary of Homeland Security), and otherwise satisfies
internationally accepted standards for electronic passports.''.
(b) Requirement for Program Country to Validate Passports.--Section
217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(B)) is amended to read as follows:
``(B) Passport program.--
``(i) Issuance of passports.--The government of the
country certifies that it issues to its citizens passports
described in subparagraph (A) of subsection (a)(3), and on
or after April 1, 2016, passports described in subparagraph
(B) of subsection (a)(3).
``(ii) Validation of passports.--Not later than October
1, 2016, the government of the country certifies that it
has in place mechanisms to validate passports described in
subparagraphs (A) and (B) of subsection (a)(3) at each key
port of entry into that country. This requirement shall not
apply to travel between countries which fall within the
Schengen Zone.''.
(c) Conforming Amendment.--Section 303(c) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 is repealed (8 U.S.C.
1732(c)).
SEC. 203. RESTRICTION ON USE OF VISA WAIVER PROGRAM FOR ALIENS WHO
TRAVEL TO CERTAIN COUNTRIES.
Section 217(a) of the Immigration and Nationality Act (8 U.S.C.
1187(a)), as amended by this Act, is further amended by adding at the
end the following:
``(12) Not present in iraq, syria, or any other country or area
of concern.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C)--
``(i) the alien has not been present, at any time on or
after March 1, 2011--
``(I) in Iraq or Syria;
``(II) in a country that is designated by the
Secretary of State under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. 2405) (as
continued in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.)), section
40 of the Arms Export Control Act (22 U.S.C. 2780),
section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371), or any other provision of law, as a
country, the government of which has repeatedly
provided support of acts of international terrorism; or
``(III) in any other country or area of concern
designated by the Secretary of Homeland Security under
subparagraph (D); and
``(ii) regardless of whether the alien is a national of
a program country, the alien is not a national of--
``(I) Iraq or Syria;
``(II) a country that is designated, at the time
the alien applies for admission, by the Secretary of
State under section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. 2405) (as continued in effect
under the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.)), section 40 of the Arms
Export Control Act (22 U.S.C. 2780), section 620A of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or
any other provision of law, as a country, the
government of which has repeatedly provided support of
acts of international terrorism; or
``(III) any other country that is designated, at
the time the alien applies for admission, by the
Secretary of Homeland Security under subparagraph (D).
``(B) Certain military personnel and government
employees.--Subparagraph (A)(i) shall not apply in the case of
an alien if the Secretary of Homeland Security determines that
the alien was present--
``(i) in order to perform military service in the armed
forces of a program country; or
``(ii) in order to carry out official duties as a full
time employee of the government of a program country.
``(C) Waiver.--The Secretary of Homeland Security may waive
the application of subparagraph (A) to an alien if the
Secretary determines that such a waiver is in the law
enforcement or national security interests of the United
States.
``(D) Countries or areas of concern.--
``(i) In general.--Not later than 60 days after the
date of the enactment of this paragraph, the Secretary of
Homeland Security, in consultation with the Secretary of
State and the Director of National Intelligence, shall
determine whether the requirement under subparagraph (A)
shall apply to any other country or area.
``(ii) Criteria.--In making a determination under
clause (i), the Secretary shall consider--
``(I) whether the presence of an alien in the
country or area increases the likelihood that the alien
is a credible threat to the national security of the
United States;
``(II) whether a foreign terrorist organization has
a significant presence in the country or area; and
``(III) whether the country or area is a safe haven
for terrorists.
``(iii) Annual review.--The Secretary shall conduct a
review, on an annual basis, of any determination made under
clause (i).
``(E) Report.--Beginning not later than one year after the
date of the enactment of this paragraph, and annually
thereafter, the Secretary of Homeland Security shall submit to
the Committee on Homeland Security, the Committee on Foreign
Affairs, the Permanent Select Committee on Intelligence, and
the Committee on the Judiciary of the House of Representatives,
and the Committee on Homeland Security and Governmental
Affairs, the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on the Judiciary
of the Senate a report on each instance in which the Secretary
exercised the waiver authority under subparagraph (C) during
the previous year.''.
SEC. 204. DESIGNATION REQUIREMENTS FOR PROGRAM COUNTRIES.
(a) Reporting Lost and Stolen Passports.--Section 217(c)(2)(D) of
the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(D)), as
amended by this Act, is further amended by striking ``within a strict
time limit'' and inserting ``not later than 24 hours after becoming
aware of the theft or loss''.
(b) Interpol Screening.--Section 217(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)(2)), as amended by this Act, is
further amended by adding at the end the following:
``(G) Interpol screening.--Not later than 270 days after
the date of the enactment of this subparagraph, except in the
case of a country in which there is not an international
airport, the government of the country certifies to the
Secretary of Homeland Security that, to the maximum extent
allowed under the laws of the country, it is screening, for
unlawful activity, each person who is not a citizen or national
of that country who is admitted to or departs that country, by
using relevant databases and notices maintained by Interpol, or
other means designated by the Secretary of Homeland Security.
This requirement shall not apply to travel between countries
which fall within the Schengen Zone.''.
(c) Implementation of Passenger Information Exchange Agreement.--
Section 217(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)(F)), as amended by this Act, is further amended by inserting
before the period at the end the following: ``, and fully implements
such agreement''.
(d) Termination of Designation.--Section 217(f) of the Immigration
and Nationality Act (8 U.S.C. 1187(f)) is amended by adding at the end
the following:
``(6) Failure to share information.--
``(A) In general.--If the Secretary of Homeland Security
and the Secretary of State jointly determine that the program
country is not sharing information, as required by subsection
(c)(2)(F), the Secretary of Homeland Security shall terminate
the designation of the country as a program country.
``(B) Redesignation.--In the case of a termination under
this paragraph, the Secretary of Homeland Security shall
redesignate the country as a program country, without regard to
paragraph (2) or (3) of subsection (c) or paragraphs (1)
through (4), when the Secretary of Homeland Security, in
consultation with the Secretary of State, determines that the
country is sharing information, as required by subsection
(c)(2)(F).
``(7) Failure to screen.--
``(A) In general.--Beginning on the date that is 270 days
after the date of the enactment of this paragraph, if the
Secretary of Homeland Security and the Secretary of State
jointly determine that the program country is not conducting
the screening required by subsection (c)(2)(G), the Secretary
of Homeland Security shall terminate the designation of the
country as a program country.
``(B) Redesignation.--In the case of a termination under
this paragraph, the Secretary of Homeland Security shall
redesignate the country as a program country, without regard to
paragraph (2) or (3) of subsection (c) or paragraphs (1)
through (4), when the Secretary of Homeland Security, in
consultation with the Secretary of State, determines that the
country is conducting the screening required by subsection
(c)(2)(G).''.
SEC. 205. REPORTING REQUIREMENTS.
(a) In General.--Section 217(c) of the Immigration and Nationality
Act (8 U.S.C. 1187(c)), as amended by this Act, is further amended--
(1) in paragraph (2)(C)(iii)--
(A) by striking ``and the Committee on International
Relations'' and inserting ``, the Committee on Foreign Affairs,
and the Committee on Homeland Security''; and
(B) by striking ``and the Committee on Foreign Relations''
and inserting ``, the Committee on Foreign Relations, and the
Committee on Homeland Security and Governmental Affairs''; and
(2) in paragraph (5)(A)(i)--
(A) in subclause (III)--
(i) by inserting after ``the Committee on Foreign
Affairs,'' the following: ``the Permanent Select Committee
on Intelligence,'';
(ii) by inserting after ``the Committee on Foreign
Relations,'' the following: ``the Select Committee on
Intelligence''; and
(iii) by striking ``and'' at the end;
(B) in subclause (IV), by striking the period at the end
and inserting the following: ``; and''; and
(C) by adding at the end the following:
``(V) shall submit to the committees described in
subclause (III), a report that includes an assessment
of the threat to the national security of the United
States of the designation of each country designated as
a program country, including the compliance of the
government of each such country with the requirements
under subparagraphs (D) and (F) of paragraph (2), as
well as each such government's capacity to comply with
such requirements.''.
(b) Date of Submission of First Report.--The Secretary of Homeland
Security shall submit the first report described in subclause (V) of
section 217(c)(5)(A)(i) of the Immigration and Nationality Act (8
U.S.C. (c)(5)(A)(i)), as added by subsection (a), not later than 90
days after the date of the enactment of this Act.
SEC. 206. HIGH RISK PROGRAM COUNTRIES.
Section 217(c) of the Immigration and Nationality Act (8 U.S.C.
1187(c)), as amended by this Act, is further amended by adding at the
end the following:
``(12) Designation of high risk program countries.--
``(A) In general.--The Secretary of Homeland Security, in
consultation with the Director of National Intelligence and the
Secretary of State, shall evaluate program countries on an
annual basis based on the criteria described in subparagraph
(B) and shall identify any program country, the admission of
nationals from which under the visa waiver program under this
section, the Secretary determines presents a high risk to the
national security of the United States.
``(B) Criteria.--In evaluating program countries under
subparagraph (A), the Secretary of Homeland Security, in
consultation with the Director of National Intelligence and the
Secretary of State, shall consider the following criteria:
``(i) The number of nationals of the country determined
to be ineligible to travel to the United States under the
program during the previous year.
``(ii) The number of nationals of the country who were
identified in United States Government databases related to
the identities of known or suspected terrorists during the
previous year.
``(iii) The estimated number of nationals of the
country who have traveled to Iraq or Syria at any time on
or after March 1, 2011 to engage in terrorism.
``(iv) The capacity of the country to combat passport
fraud.
``(v) The level of cooperation of the country with the
counter-terrorism efforts of the United States.
``(vi) The adequacy of the border and immigration
control of the country.
``(vii) Any other criteria the Secretary of Homeland
Security determines to be appropriate.
``(C) Suspension of designation.--The Secretary of Homeland
Security, in consultation with the Secretary of State, may
suspend the designation of a program country based on a
determination that the country presents a high risk to the
national security of the United States under subparagraph (A)
until such time as the Secretary determines that the country no
longer presents such a risk.
``(D) Report.--Not later than 60 days after the date of the
enactment of this paragraph, and annually thereafter, the
Secretary of Homeland Security, in consultation with the
Director of National Intelligence and the Secretary of State,
shall submit to the Committee on Homeland Security, the
Committee on Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on the Judiciary of the House
of Representatives, and the Committee on Homeland Security and
Governmental Affairs, the Committee on Foreign Relations, the
Select Committee on Intelligence, and the Committee on the
Judiciary of the Senate a report, which includes an evaluation
and threat assessment of each country determined to present a
high risk to the national security of the United States under
subparagraph (A).''.
SEC. 207. ENHANCEMENTS TO THE ELECTRONIC SYSTEM FOR TRAVEL
AUTHORIZATION.
(a) In General.--Section 217(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1187(h)(3)) is amended--
(1) in subparagraph (C)(i), by inserting after ``any such
determination'' the following: ``or shorten the period of
eligibility under any such determination'';
(2) by striking subparagraph (D) and inserting the following:
``(D) Fraud detection.--The Secretary of Homeland Security
shall research opportunities to incorporate into the System
technology that will detect and prevent fraud and deception in
the System.
``(E) Additional and previous countries of citizenship.--
The Secretary of Homeland Security shall collect from an
applicant for admission pursuant to this section information on
any additional or previous countries of citizenship of that
applicant. The Secretary shall take any information so
collected into account when making determinations as to the
eligibility of the alien for admission pursuant to this
section.
``(F) Report on certain limitations on travel.--Not later
than 30 days after the date of the enactment of this
subparagraph and annually thereafter, the Secretary of Homeland
Security, in consultation with the Secretary of State, shall
submit to the Committee on Homeland Security, the Committee on
the Judiciary, and the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs, the Committee on the
Judiciary, and the Committee on Foreign Relations of the Senate
a report on the number of individuals who were denied
eligibility to travel under the program, or whose eligibility
for such travel was revoked during the previous year, and the
number of such individuals determined, in accordance with
subsection (a)(6), to represent a threat to the national
security of the United States, and shall include the country or
countries of citizenship of each such individual.''.
(b) Report.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Homeland Security, in consultation with
the Secretary of State, shall submit to the Committee on Homeland
Security, the Committee on the Judiciary, and the Committee on Foreign
Affairs of the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs, the Committee on the Judiciary, and
the Committee on Foreign Relations of the Senate a report on steps to
strengthen the electronic system for travel authorization authorized
under section 217(h)(3) of the Immigration and Nationality Act (8
U.S.C. 1187(h)(3))) in order to better secure the international borders
of the United States and prevent terrorists and instruments of
terrorism from entering the United States.
SEC. 208. PROVISION OF ASSISTANCE TO NON-PROGRAM COUNTRIES.
The Secretary of Homeland Security, in consultation with the
Secretary of State, shall provide assistance in a risk-based manner to
countries that do not participate in the visa waiver program under
section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) to
assist those countries in--
(1) submitting to Interpol information about the theft or loss
of passports of citizens or nationals of such a country; and
(2) issuing, and validating at the ports of entry of such a
country, electronic passports that are fraud-resistant, contain
relevant biographic and biometric information (as determined by the
Secretary of Homeland Security), and otherwise satisfy
internationally accepted standards for electronic passports.
SEC. 209. CLERICAL AMENDMENTS.
(a) Secretary of Homeland Security.--Section 217 of the Immigration
and Nationality Act (8 U.S.C. 1187), as amended by this Act, is further
amended by striking ``Attorney General'' each place such term appears
(except in subsection (c)(11)(B)) and inserting ``Secretary of Homeland
Security''.
(b) Electronic System for Travel Authorization.--Section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187), as amended this Act,
is further amended--
(1) by striking ``electronic travel authorization system'' each
place it appears and inserting ``electronic system for travel
authorization'';
(2) in the heading in subsection (a)(11), by striking
``electronic travel authorization system'' and inserting
``electronic system for travel authorization''; and
(3) in the heading in subsection (h)(3), by striking
``electronic travel authorization system'' and inserting
``electronic system for travel authorization''.
SEC. 210. SENSE OF CONGRESS.
It is the sense of Congress that the International Civil Aviation
Organization, the specialized agency of the United Nations responsible
for establishing international standards, specifications, and best
practices related to the administration and governance of border
controls and inspection formalities, should establish standards for the
introduction of electronic passports (referred to in this section as
``e-passports''), and obligate member countries to utilize such e-
passports as soon as possible. Such e-passports should be a combined
paper and electronic passport that contains biographic and biometric
information that can be used to authenticate the identity of travelers
through an embedded chip.
TITLE III--JAMES ZADROGA 9/11 HEALTH AND COMPENSATION REAUTHORIZATION
ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``James Zadroga 9/11 Health and
Compensation Reauthorization Act''.
SEC. 302. REAUTHORIZING THE WORLD TRADE CENTER HEALTH PROGRAM.
(a) World Trade Center Health Program Fund.--Section 3351 of the
Public Health Service Act (42 U.S.C. 300mm-61) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``each of fiscal years 2012'' and all that follows
through ``2011)'' and inserting ``fiscal year 2016 and each
subsequent fiscal year through fiscal year 2090''; and
(ii) by striking subparagraph (A) and inserting the
following:
``(A) the Federal share, consisting of an amount equal to--
``(i) for fiscal year 2016, $330,000,000;
``(ii) for fiscal year 2017, $345,610,000;
``(iii) for fiscal year 2018, $380,000,000;
``(iv) for fiscal year 2019, $440,000,000;
``(v) for fiscal year 2020, $485,000,000;
``(vi) for fiscal year 2021, $501,000,000;
``(vii) for fiscal year 2022, $518,000,000;
``(viii) for fiscal year 2023, $535,000,000;
``(ix) for fiscal year 2024, $552,000,000;
``(x) for fiscal year 2025, $570,000,000; and
``(xi) for each subsequent fiscal year through fiscal
year 2090, the amount specified under this subparagraph for
the previous fiscal year increased by the percentage
increase in the consumer price index for all urban
consumers (all items; United States city average) as
estimated by the Secretary for the 12-month period ending
with March of the previous year; plus''; and
(B) by striking paragraph (4) and inserting the following:
``(4) Amounts from prior fiscal years.--Amounts that were
deposited, or identified for deposit, into the Fund for any fiscal
year under paragraph (2), as such paragraph was in effect on the
day before the date of enactment of the James Zadroga 9/11 Health
and Compensation Reauthorization Act, that were not expended in
carrying out this title for any such fiscal year, shall remain
deposited, or be deposited, as the case may be, into the Fund.
``(5) Amounts to remain available until expended.--Amounts
deposited into the Fund under this subsection, including amounts
deposited under paragraph (2) as in effect on the day before the
date of enactment of the James Zadroga 9/11 Health and Compensation
Reauthorization Act, for a fiscal year shall remain available, for
the purposes described in this title, until expended for such
fiscal year and any subsequent fiscal year through fiscal year
2090.'';
(2) in subsection (b)(1), by striking ``sections 3302(a)'' and
all that follows through ``3342'' and inserting ``sections 3301(e),
3301(f), 3302(a), 3302(b), 3303, 3304, 3305(a)(1), 3305(a)(2),
3305(c), 3341, and 3342''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph
(B); and
(iii) by amending subparagraph (A) to read as follows:
``(A) for fiscal year 2016, the amount determined for such
fiscal year under subparagraph (C) as in effect on the day
before the date of enactment of the James Zadroga 9/11 Health
and Compensation Reauthorization Act; and'';
(B) in paragraph (2)--
(i) by amending subparagraph (A) to read as follows:
``(A) for fiscal year 2016, $200,000;'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as subparagraph
(B);
(C) in paragraph (3), by striking ``section 3303'' and all
that follows and inserting ``section 3303, for fiscal year 2016
and each subsequent fiscal year, $750,000.'';
(D) in paragraph (4), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) for fiscal year 2016, the amount determined for such
fiscal year under subparagraph (C) as in effect on the day
before the date of enactment of the James Zadroga 9/11 Health
and Compensation Reauthorization Act;
``(B) for fiscal year 2017, $15,000,000; and'';
(E) in paragraph (5)--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph
(B); and
(iii) by amending subparagraph (A) to read as follows:
``(A) for fiscal year 2016, the amount determined for such
fiscal year under subparagraph (C) as in effect on the day
before the date of enactment of the James Zadroga 9/11 Health
and Compensation Reauthorization Act; and''; and
(F) in paragraph (6)--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph
(B); and
(iii) by amending subparagraph (A) to read as follows:
``(A) for fiscal year 2016, the amount determined for such
fiscal year under subparagraph (C) as in effect on the day
before the date of enactment of the James Zadroga 9/11 Health
and Compensation Reauthorization Act; and''.
(b) GAO Studies; Regulations; Termination.--Section 3301 of the
Public Health Service Act (42 U.S.C. 300mm) is amended by adding at the
end the following:
``(i) GAO Studies.--
``(1) Report.--Not later than 18 months after the date of the
enactment of the James Zadroga 9/11 Health and Compensation
Reauthorization Act, the Comptroller General of the United States
shall submit to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report that assesses, with respect to
the WTC Program, the effectiveness of each of the following:
``(A) The quality assurance program developed and
implemented under subsection (e).
``(B) The procedures for providing certifications of
coverage of conditions as WTC-related health conditions for
enrolled WTC responders under section 3312(b)(2)(B)(iii) and
for screening-eligible WTC survivors and certified-eligible WTC
survivors under such section as applied under section 3322(a).
``(C) Any action under the WTC Program to ensure
appropriate payment (including the avoidance of improper
payments), including determining the extent to which
individuals enrolled in the WTC Program are eligible for
workers compensation or sources of health coverage,
ascertaining the liability of such compensation or sources of
health coverage, and making recommendations for ensuring
effective and efficient coordination of benefits for
individuals enrolled in the WTC Program that does not place an
undue burden on such individuals.
``(2) Subsequent assessments.--Not later than 6 years and 6
months after the date of enactment of the James Zadroga 9/11 Health
and Compensation Reauthorization Act, and every 5 years thereafter
through fiscal year 2042, the Comptroller General of the United
States shall--
``(A) consult the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate on the objectives
in assessing the WTC Program; and
``(B) prepare and submit to such Committees a report that
assesses the WTC Program for the applicable reporting period,
including the objectives described in subparagraph (A).
``(j) Regulations.--The WTC Program Administrator is authorized to
promulgate such regulations as the Administrator determines necessary
to administer this title.
``(k) Termination.--The WTC Program shall terminate on October 1,
2090.''.
(c) Clinical Centers of Excellence and Data Centers.--Section 3305
of the Public Health Service Act (42 U.S.C. 300mm-4) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by inserting ``and retention''
after ``outreach''; and
(B) in paragraph (2)(A)(iii), by inserting ``and
retention'' after ``outreach''; and
(2) in subsection (b)(1)(B)(vi), by striking ``section
3304(c)'' and inserting ``section 3304(d)''.
(d) World Trade Center Responders.--Section 3311(a)(4)(B)(i)(II) of
the Public Health Service Act (42 U.S.C. 300mm-21(a)(4)(B)(i)(II)) is
amended by striking ``through the end of fiscal year 2020''.
(e) Additions to List of Health Conditions for WTC Responders.--
(1) Expanding time for actions by administrator and by advisory
committee.--Section 3312(a)(6) of the Public Health Service Act (42
U.S.C. 300mm-22(a)(6)) is amended--
(A) in subparagraph (B), in the matter preceding clause
(i), by striking ``60 days'' and inserting ``90 days''; and
(B) in subparagraph (C), by striking ``60 days'' each place
such term appears and inserting ``90 days''.
(2) Peer review for decisions; enhanced role of advisory
committee.--Section 3312(a)(6) of the Public Health Service Act (42
U.S.C. 300mm-22(a)(6)), as amended by paragraph (1), is further
amended by adding at the end the following:
``(F) Independent peer reviews.--Prior to issuing a final
rule to add a health condition to the list in paragraph (3),
the WTC Program Administrator shall provide for an independent
peer review of the scientific and technical evidence that would
be the basis for issuing such final rule.
``(G) Additional advisory committee recommendations.--
``(i) Program policies.--
``(I) Existing policies.--Not later than 1 year
after the date of enactment of the James Zadroga 9/11
Health and Compensation Reauthorization Act, the WTC
Program Administrator shall request the Advisory
Committee to review and evaluate the policies and
procedures, in effect at the time of the review and
evaluation, that are used to determine whether
sufficient evidence exists to support adding a health
condition to the list in paragraph (3).
``(II) Subsequent policies.--Prior to establishing
any substantive new policy or procedure used to make
the determination described in subclause (I) or prior
to making any substantive amendment to any policy or
procedure described in such subclause, the WTC Program
Administrator shall request the Advisory Committee to
review and evaluate such substantive policy, procedure,
or amendment.
``(ii) Identification of individuals conducting
independent peer reviews.--Not later than 1 year after the
date of enactment of the James Zadroga 9/11 Health and
Compensation Reauthorization Act and not less than every 2
years thereafter, the WTC Program Administrator shall seek
recommendations from the Advisory Committee regarding the
identification of individuals to conduct the independent
peer reviews under subparagraph (F).''.
(f) World Trade Center Survivors.--Section 3321(a)(3)(B)(i)(II) of
the Public Health Service Act (42 U.S.C. 300mm-31(a)(3)(B)(i)(II)) is
amended by striking ``through the end of fiscal year 2020''.
(g) Payment of Claims.--Section 3331(d)(1)(B) of the Public Health
Service Act (42 U.S.C. 300mm-41(d)(1)(B)) is amended--
(1) by striking ``the last calendar quarter'' and all that
follows through ``2015'' and inserting ``each calendar quarter of
fiscal year 2016 and of each subsequent fiscal year through fiscal
year 2090,''; and
(2) by striking ``and with respect to calendar quarters in
fiscal year 2016'' and all that follows and inserting a period.
(h) World Trade Center Health Registry.--Section 3342 of the Public
Health Service Act (42 U.S.C. 300mm-52) is amended by striking ``April
20, 2009'' and inserting ``January 1, 2015''.
TITLE IV--JAMES ZADROGA 9/11 VICTIM COMPENSATION FUND REAUTHORIZATION
SEC. 401. SHORT TITLE.
This title may be cited as the ``James Zadroga 9/11 Victim
Compensation Fund Reauthorization Act''.
SEC. 402. REAUTHORIZING THE SEPTEMBER 11TH VICTIM COMPENSATION FUND
OF 2001.
(a) Definitions.--Section 402 of the Air Transportation Safety and
System Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) in paragraph (9)--
(A) by striking ``medical expense loss,''; and
(B) by striking ``and loss of business or employment
opportunities'' and inserting ``loss of business or employment
opportunities, and past out-of-pocket medical expense loss but
not future medical expense loss'';
(2) by redesignating paragraph (14) as paragraph (16);
(3) by inserting after paragraph (13), the following:
``(14) WTC program administrator.--The term `WTC Program
Administrator' has the meaning given such term in section 3306 of
the Public Health Service Act (42 U.S.C. 300mm-5).
``(15) WTC-related physical health condition.--The term `WTC-
related physical health condition'--
``(A) means, subject to subparagraph (B), a WTC-related
health condition as defined by section 3312(a) of the Public
Health Service Act (42 U.S.C. 300mm-22(a)), including the
conditions listed in section 3322(b) of such Act (42 U.S.C.
300mm-32(b)); and
``(B) does not include--
``(i) a mental health condition described in paragraph
(1)(A)(ii) or (3)(B) of section 3312(a) of such Act (42
U.S.C. 300mm-22(a));
``(ii) any mental health condition certified under
section 3312(b)(2)(B)(iii) of such Act (42 U.S.C. 300mm-
22(b)(2)(B)(iii)) (including such certification as applied
under section 3322(a) of such Act (42 U.S.C. 300mm-32(a));
``(iii) a mental health condition described in section
3322(b)(2) of such Act (42 U.S.C. 300mm-32(b)(2)); or
``(iv) any other mental health condition.''; and
(4) in paragraph (16), as redesignated by paragraph (2), by
striking subparagraph (C) and inserting the following:
``(C) the area in Manhattan that is south of the line that
runs along Canal Street from the Hudson River to the
intersection of Canal Street and East Broadway, north on East
Broadway to Clinton Street, and east on Clinton Street to the
East River;''.
(b) Purpose.--Section 403 of the Air Transportation Safety and
System Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) by inserting ``full'' before ``compensation''; and
(2) by inserting ``, or the rescue and recovery efforts during
the immediate aftermath of such crashes'' before the period.
(c) Eligibility Requirements for Filing Claims.--Section 405 of the
Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101
note) is amended--
(1) in subsection (a)(3)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) Exception.--A claim may be filed under paragraph (1),
in accordance with subsection (c)(3)(A)(i), by an individual
(or by a personal representative on behalf of a deceased
individual) during the period beginning on the date on which
the regulations are updated under section 407(b)(1) and ending
on the date that is 5 years after the date of enactment of the
James Zadroga 9/11 Victim Compensation Fund Reauthorization
Act.
``(C) Special master determination.--
``(i) In general.--For claims filed under this title
during the period described in subparagraph (B), the
Special Master shall establish a system for determining
whether, for purposes of this title, the claim is--
``(I) a claim in Group A, as described in clause
(ii); or
``(II) a claim in Group B, as described in clause
(iii).
``(ii) Group a claims.--A claim under this title is a
claim in Group A if--
``(I) the claim is filed under this title during
the period described in subparagraph (B); and
``(II) on or before the day before the date of
enactment of the James Zadroga 9/11 Victim Compensation
Fund Reauthorization Act, the Special Master postmarks
and transmits a final award determination to the
claimant filing such claim.
``(iii) Group b claims.--A claim under this title is a
claim in Group B if the claim--
``(I) is filed under this title during the period
described in subparagraph (B); and
``(II) is not a claim described in clause (ii).
``(iv) Definition of final award determination.--For
purposes of this subparagraph, the term `final award
determination' means a letter from the Special Master
indicating the total amount of compensation to which a
claimant is entitled for a claim under this title without
regard to the limitation under the second sentence of
section 406(d)(1), as such section was in effect on the day
before the date of enactment of the James Zadroga 9/11
Victim Compensation Fund Reauthorization Act.'';
(2) in subsection (b)--
(A) in paragraph (1)(B)(ii), by inserting ``subject to
paragraph (7),'' before ``the amount'';
(B) in paragraph (6)--
(i) by striking ``The Special Master'' and inserting
the following:
``(A) In general.--The Special Master''; and
(ii) by adding at the end the following:
``(B) Group b claims.--Notwithstanding any other provision
of this title, in the case of a claim in Group B as described
in subsection (a)(3)(C)(iii), a claimant filing such claim
shall receive an amount of compensation under this title for
such claim that is not greater than the amount determined under
paragraph (1)(B)(ii) less the amount of any collateral source
compensation that such claimant has received or is entitled to
receive for such claim as a result of the terrorist-related
aircraft crashes of September 11, 2001.''; and
(C) by adding at the end the following:
``(7) Limitations for group b claims.--
``(A) Noneconomic losses.--With respect to a claim in Group
B as described in subsection (a)(3)(C)(iii), the total amount
of compensation to which a claimant filing such claim is
entitled to receive for such claim under this title on account
of any noneconomic loss--
``(i) that results from any type of cancer shall not
exceed $250,000; and
``(ii) that does not result from any type of cancer
shall not exceed $90,000.
``(B) Determination of economic loss.--
``(i) In general.--Subject to the limitation described
in clause (ii) and with respect to a claim in Group B as
described in subsection (a)(3)(C)(iii), the Special Master
shall, for purposes of calculating the amount of
compensation to which a claimant is entitled under this
title for such claim on account of any economic loss,
determine the loss of earnings or other benefits related to
employment by using the applicable methodology described in
section 104.43 or 104.45 of title 28, Code of Federal
Regulations, as such Code was in effect on the day before
the date of enactment of the James Zadroga 9/11 Victim
Compensation Fund Reauthorization Act.
``(ii) Annual gross income limitation.--In considering
annual gross income under clause (i) for the purposes
described in such clause, the Special Master shall, for
each year of any loss of earnings or other benefits related
to employment, limit the annual gross income of the
claimant (or decedent in the case of a personal
representative) for each such year to an amount that is not
greater than $200,000.
``(C) Gross income defined.--For purposes of this
paragraph, the term `gross income' has the meaning given such
term in section 61 of the Internal Revenue Code of 1986.''; and
(3) in subsection (c)(3)--
(A) in subparagraph (A)--
(i) in clause (ii), in the matter preceding subclause
(I), by striking ``An individual'' and inserting ``Except
with respect to claims in Group B as described in
subsection (a)(3)(C)(iii), an individual'';
(ii) in clause (iii), by striking ``section 407(a)''
and inserting ``section 407(b)(1)''; and
(iii) by adding at the end the following:
``(iv) Group b claims.--
``(I) In general.--Subject to subclause (II), an
individual filing a claim in Group B as described in
subsection (a)(3)(C)(iii) may be eligible for
compensation under this title only if the Special
Master, with assistance from the WTC Program
Administrator as necessary, determines based on the
evidence presented that the individual has a WTC-
related physical health condition, as defined by
section 402 of this Act.
``(II) Personal representatives.--An individual
filing a claim in Group B, as described in subsection
(a)(3)(C)(iii), who is a personal representative
described in paragraph (2)(C) may be eligible for
compensation under this title only if the Special
Master, with assistance from the WTC Program
Administrator as necessary, determines based on the
evidence presented that the applicable decedent
suffered from a condition that was, or would have been
determined to be, a WTC-related physical health
condition, as defined by section 402 of this Act.'';
and
(B) in subparagraph (C)(ii)(II), by striking ``section
407(b)'' and inserting ``section 407(b)(1)''.
(d) Payments to Eligible Individuals.--Section 406 of the Air
Transportation Safety and System Stabilization Act (49 U.S.C. 40101
note) is amended--
(1) in subsection (b), by striking ``This title'' and inserting
``For the purpose of providing compensation for claims in Group A
as described in section 405(a)(3)(C)(ii), this title''; and
(2) by amending subsection (d) to read as follows:
``(d) Limitations.--
``(1) Group a claims.--
``(A) In general.--The total amount of Federal funds paid
for compensation under this title, with respect to claims in
Group A as described in section 405(a)(3)(C)(ii), shall not
exceed $2,775,000,000.
``(B) Remainder of claim amounts.--In the case of a claim
in Group A as described in section 405(a)(3)(C)(ii) and for
which the Special Master has ratably reduced the amount of
compensation for such claim pursuant to paragraph (2) of this
subsection, as this subsection was in effect on the day before
the date of enactment of the James Zadroga 9/11 Victim
Compensation Fund Reauthorization Act, the Special Master
shall, as soon as practicable after the date of enactment of
such Act, authorize payment of the amount of compensation that
is equal to the difference between--
``(i) the amount of compensation that the claimant
would have been paid under this title for such claim
without regard to the limitation under the second sentence
of paragraph (1) of this subsection, as this subsection was
in effect on the day before the date of enactment of the
James Zadroga 9/11 Victim Compensation Fund Reauthorization
Act; and
``(ii) the amount of compensation the claimant was paid
under this title for such claim prior to the date of
enactment of such Act.
``(2) Group b claims.--
``(A) In general.--The total amount of Federal funds paid
for compensation under this title, with respect to claims in
Group B as described in section 405(a)(3)(C)(iii), shall not
exceed the amount of funds deposited into the Victims
Compensation Fund under section 410.
``(B) Payment system.--The Special Master shall establish a
system for providing compensation for claims in Group B as
described in section 405(a)(3)(C)(iii) in accordance with this
subsection and section 405(b)(7).
``(C) Development of agency policies and procedures.--
``(i) Development.--
``(I) In general.--Not later than 30 days after the
date of enactment of the James Zadroga
9/11 Victim Compensation Fund Reauthorization Act, the
Special Master shall develop agency policies and
procedures that meet the requirements under subclauses
(II) and (III) for providing compensation for claims in
Group B as described in section 405(a)(3)(C)(iii),
including policies and procedures for presumptive award
schedules, administrative expenses, and related
internal memoranda.
``(II) Limitation.--The policies and procedures
developed under subclause (I) shall ensure that total
expenditures, including administrative expenses, in
providing compensation for claims in Group B, as
described in section 405(a)(3)(C)(iii), do not exceed
the amount of funds deposited into the Victims
Compensation Fund under section 410.
``(III) Prioritization.--The policies and
procedures developed under subclause (I) shall
prioritize claims for claimants who are determined by
the Special Master as suffering from the most
debilitating physical conditions to ensure, for
purposes of equity, that such claimants are not unduly
burdened by such policies or procedures.
``(ii) Reassessment.--Beginning 1 year after the date
of enactment of the James Zadroga 9/11 Victim Compensation
Fund Reauthorization Act, and each year thereafter until
the Victims Compensation Fund is permanently closed under
section 410(e), the Special Master shall conduct a
reassessment of the agency policies and procedures
developed under clause (i) to ensure that such policies and
procedures continue to satisfy the requirements under
subclauses (II) and (III) of such clause. If the Special
Master determines, upon reassessment, that such agency
policies or procedures do not achieve the requirements of
such subclauses, the Special Master shall take additional
actions or make such modifications as necessary to achieve
such requirements.''.
(e) Regulations.--Section 407(b) of the Air Transportation Safety
and System Stabilization Act (49 U.S.C. 40101 note) is amended--
(1) by striking ``Not later than'' and inserting the following:
``(1) James zadroga 9/11 health and compensation act of 2010.--
Not later than''; and
(2) by adding at the end the following:
``(2) James zadroga 9/11 victim compensation fund
reauthorization act.--Not later than 180 days after the date of
enactment of the James Zadroga 9/11 Victim Compensation Fund
Reauthorization Act, the Special Master shall update the
regulations promulgated under subsection (a), and updated under
paragraph (1), to the extent necessary to comply with the
amendments made by such Act.''.
(f) Victims Compensation Fund.--Title IV of the Air Transportation
Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended
by adding at the end the following:
``SEC. 410. VICTIMS COMPENSATION FUND.
``(a) In General.--There is established in the Treasury of the
United States a fund to be known as the `Victims Compensation Fund',
consisting of amounts deposited into such fund under subsection (b).
``(b) Deposits Into Fund.--There shall be deposited into the
Victims Compensation Fund each of the following:
``(1) Effective on the day after the date on which all
claimants who file a claim in Group A, as described in section
405(a)(3)(C)(ii), have received the full compensation due such
claimants under this title for such claim, any amounts remaining
from the total amount made available under section 406 to
compensate claims in Group A as described in section
405(a)(3)(C)(ii).
``(2) The amount appropriated under subsection (c).
``(c) Appropriations.--There is appropriated, out of any money in
the Treasury not otherwise appropriated, $4,600,000,000 for fiscal year
2017, to remain available until expended, to provide compensation for
claims in Group B as described in section 405(a)(3)(C)(iii).
``(d) Availability of Funds.--Amounts deposited into the Victims
Compensation Fund shall be available, without further appropriation, to
the Special Master to provide compensation for claims in Group B as
described in section 405(a)(3)(C)(iii).
``(e) Termination.--Upon completion of all payments under this
title, the Victims Compensation Fund shall be permanently closed.''.
(g) 9-11 Response and Biometric Entry-Exit Fee.--Title IV of the
Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101
note), as amended by subsection (f), is further amended by adding at
the end the following:
``SEC. 411. 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT FEE.
``(a) Temporary L-1 Visa Fee Increase.--Notwithstanding section 281
of the Immigration and Nationality Act (8 U.S.C. 1351) or any other
provision of law, during the period beginning on the date of the
enactment of this section and ending on September 30, 2025, the
combined filing fee and fraud prevention and detection fee required to
be submitted with an application for admission as a nonimmigrant under
section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(L)), including an application for an extension of such
status, shall be increased by $4,500 for applicants that employ 50 or
more employees in the United States if more than 50 percent of the
applicant's employees are nonimmigrants admitted pursuant to
subparagraph (H)(i)(b) or (L) of section 101(a)(15) of such Act.
``(b) Temporary H-1b Visa Fee Increase.--Notwithstanding section
281 of the Immigration and Nationality Act (8 U.S.C. 1351) or any other
provision of law, during the period beginning on the date of the
enactment of this section and ending on September 30, 2025, the
combined filing fee and fraud prevention and detection fee required to
be submitted with an application for admission as a nonimmigrant under
section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(i)(b)), including an application for an extension
of such status, shall be increased by $4,000 for applicants that employ
50 or more employees in the United States if more than 50 percent of
the applicant's employees are such nonimmigrants or 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 Security without
further appropriation for implementing the biometric entry and exit
data system described in section 7208 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b).''.
(h) Administrative Costs.--Section 1347 of the Full-Year Continuing
Appropriations Act, 2011 (49 U.S.C. 40101 note) is amended--
(1) by inserting ``and (2)'' after ``(d)(1)''; and
(2) by adding at the end the following: ``Costs for payments
for compensation for claims in Group A, as described in section
405(a)(3)(C)(ii) of such Act, shall be paid from amounts made
available under section 406 of such Act. Costs for payments for
compensation for claims in Group B, as described in section
405(a)(3)(C)(iii) of such Act, shall be paid from amounts in the
Victims Compensation Fund established under section 410 of such
Act.''.
SEC. 403. AMENDMENT TO EXEMPT PROGRAMS.
(a) In General.--Section 255(g)(1)(B) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)) is
amended by--
(1) inserting after the item relating to Retirement Pay and
Medical Benefits for Commissioned Officers, Public Health Service
the following:
``September 11th Victim Compensation Fund (15-0340-0-1-754).'';
(2) inserting after the item relating to United States Secret
Service, DC Annuity the following:
``Victims Compensation Fund established under section 410 of
the Air Transportation Safety and System Stabilization Act (49
U.S.C. 40101 note).
``United States Victims of State Sponsored Terrorism Fund.'';
and
(3) inserting after the item relating to the Voluntary
Separation Incentive Fund the following:
``World Trade Center Health Program Fund (75-0946-0-1-551).''.
(b) Applicability.--The amendments made by this section shall apply
to any sequestration order issued under the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or
after the date of enactment of this Act.
SEC. 404. COMPENSATION FOR UNITED STATES VICTIMS OF STATE SPONSORED
TERRORISM ACT.
(a) Short Title.--This section may be cited as the ``Justice for
United States Victims of State Sponsored Terrorism Act''.
(b) Administration of the United States Victims of State Sponsored
Terrorism Fund.--
(1) Administration of the fund.--
(A) Appointment and terms of special master.--
(i) Initial appointment.--Not later than 60 days after
the date of the enactment of this Act, the Attorney General
shall appoint a Special Master. The initial term for the
Special Master shall be 18 months.
(ii) Additional terms.--Thereafter, each time there
exists funds in excess of $100,000,000 in the Fund, the
Attorney General shall appoint or reappoint a Special
Master for such period as is appropriate, not to exceed 1
year. In addition, if there exists in the Fund funds that
are less than $100,000,000, the Attorney General may
appoint or reappoint a Special Master each time the
Attorney General determines there are sufficient funds
available in the Fund to compensate eligible claimants, for
such period as is appropriate, not to exceed 1 year.
(iii) Special master to administer compensation from
the fund.--The Special Master shall administer the
compensation program described in this section for United
States persons who are victims of state sponsored
terrorism.
(B) Administrative costs and use of department of justice
personnel.--The Special Master may utilize, as necessary, no
more than 5 full-time equivalent Department of Justice
personnel to assist in carrying out the duties of the Special
Master under this section. Any costs associated with the use of
such personnel, and any other administrative costs of carrying
out this section, shall be paid from the Fund.
(C) Compensation of special master.--The Special Master
shall be compensated from the Fund at a rate not to exceed the
annual rate of basic pay for level IV of the Executive
Schedule, as prescribed by section 5315 of title 5, United
States Code.
(2) Publication of regulations and procedures.--
(A) In general.--Not later than 60 days after the date of
the initial appointment of the Special Master, the Special
Master shall publish in the Federal Register and on a website
maintained by the Department of Justice a notice specifying the
procedures necessary for United States persons to apply and
establish eligibility for payment, including procedures by
which eligible United States persons may apply by and through
their attorney. Such notice is not subject to the requirements
of section 553 of title 5, United States Code.
(B) Information regarding other sources of compensation.--
As part of the procedures for United States persons to apply
and establish eligibility for payment, the Special Master shall
require applicants to provide the Special Master with
information regarding compensation from any source other than
this Fund that the claimant (or, in the case of a personal
representative, the victim's beneficiaries) has received or is
entitled or scheduled to receive as a result of the act of
international terrorism that gave rise to a claimant's final
judgment, including information identifying the amount, nature,
and source of such compensation.
(3) Decisions of the special master.--All decisions made by the
Special Master with regard to compensation from the Fund shall be--
(A) in writing and provided to the Attorney General, each
claimant and, if applicable, the attorney for each claimant;
and
(B) final and, except as provided in paragraph (4), not
subject to administrative or judicial review.
(4) Review hearing.--
(A) Not later than 30 days after receipt of a written
decision by the Special Master, a claimant whose claim is
denied in whole or in part by the Special Master may request a
hearing before the Special Master pursuant to procedures
established by the Special Master.
(B) Not later than 90 days after any such hearing, the
Special Master shall issue a final written decision affirming
or amending the original decision. The written decision is
final and nonreviewable.
(c) Eligible Claims.--
(1) In general.--For the purposes of this section, a claim is
an eligible claim if the Special Master determines that--
(A) the judgment holder, or claimant, is a United States
person;
(B) the claim is described in paragraph (2); and
(C) the requirements of paragraph (3) are met.
(2) Certain claims.--The claims referred to in paragraph (1)
are claims for--
(A) compensatory damages awarded to a United States person
in a final judgment--
(i) issued by a United States district court under
State or Federal law against a state sponsor of terrorism;
and
(ii) arising from acts of international terrorism, for
which the foreign state was determined not to be immune
from the jurisdiction of the courts of the United States
under section 1605A, or section 1605(a)(7) (as such section
was in effect on January 27, 2008), of title 28, United
States Code;
(B) the sum total of $10,000 per day for each day that a
United States person was taken and held hostage from the United
States embassy in Tehran, Iran, during the period beginning
November 4, 1979, and ending January 20, 1981, if such person
is identified as a member of the proposed class in case number
1:00-CV-03110 (EGS) of the United States District Court for the
District of Columbia; or
(C) damages for the spouses and children of the former
hostages described in subparagraph (B), if such spouse or child
is identified as a member of the proposed class in case number
1:00-CV-03110 (EGS) of the United States Court for the District
of Columbia, in the following amounts:
(i) For each spouse of a former hostage identified as a
member of the proposed class described in this
subparagraph, a $600,000 lump sum.
(ii) For each child of a former hostage identified as a
member of the proposed class described in this
subparagraph, a $600,000 lump sum.
(3) Deadline for application submission.--
(A) In general.--The deadline for submitting an application
for a payment under this subsection is as follows:
(i) Not later than 90 days after the date of the
publication required under subsection (b)(2)(A), with
regard to an application based on--
(I) a final judgment described in paragraph (2)(A)
obtained before that date of publication; or
(II) a claim described in paragraph (2)(B) or
(2)(C).
(ii) Not later than 90 days after the date of obtaining
a final judgment, with regard to a final judgment obtained
on or after the date of that publication.
(B) Good cause.--For good cause shown, the Special Master
may grant a claimant a reasonable extension of a deadline under
this paragraph.
(d) Payments.--
(1) To whom made.--The Special Master shall order payment from
the Fund for each eligible claim of a United States person to that
person or, if that person is deceased, to the personal
representative of the estate of that person.
(2) Timing of initial payments.--The Special Master shall
authorize all initial payments to satisfy eligible claims under
this section not later than 1 year after the date of the enactment
of this Act.
(3) Payments to be made pro rata.--
(A) In general.--
(i) Pro rata basis.--Except as provided in subparagraph
(B) and subject to the limitations described in clause
(ii), the Special Master shall carry out paragraph (1), by
dividing all available funds on a pro rata basis, based on
the amounts outstanding and unpaid on eligible claims,
until all such amounts have been paid in full.
(ii) Limitations.--The limitations described in this
clause are as follows:
(I) In the event that a United States person has an
eligible claim that exceeds $20,000,000, the Special
Master shall treat that claim as if it were for
$20,000,000 for purposes of this section.
(II) In the event that a United States person and
the immediate family members of such person, have
claims that if aggregated would exceed $35,000,000, the
Special Master shall, for purposes of this section,
reduce such claims on a pro rata basis such that in the
aggregate such claims do not exceed $35,000,000.
(III) In the event that a United States person, or
the immediate family member of such person, has an
eligible claim under this section and has received an
award or an award determination under section 405 of
the Air Transportation Safety and System Stabilization
Act (49 U.S.C. 40101 note), the amount of compensation
to which such person, or the immediate family member of
such person, was determined to be entitled under
section 405 of the Air Transportation Safety and System
Stabilization Act (49 U.S.C. 40101 note) shall be
considered controlling for the purposes of this
section, notwithstanding any compensatory damages
amounts such person, or immediate family member of such
person, is deemed eligible for or entitled to pursuant
to a final judgment described in subsection (c)(2)(A).
(B) Minimum payments.--
(i) Any applicant with an eligible claim described in
subsection (c)(2) who has received, or is entitled or
scheduled to receive, any payment that is equal to, or in
excess of, 30 percent of the total compensatory damages
owed to such applicant on the applicant's claim from any
source other than this Fund shall not receive any payment
from the Fund until such time as all other eligible
applicants have received from the Fund an amount equal to
30 percent of the compensatory damages awarded to those
applicants pursuant to their final judgments or to claims
under subsection (c)(2)(B) or (c)(2)(C). For purposes of
calculating the pro rata amounts for these payments, the
Special Master shall not include the total compensatory
damages for applicants excluded from payment by this
subparagraph.
(ii) To the extent that an applicant with an eligible
claim has received less than 30 percent of the compensatory
damages owed that applicant under a final judgment or claim
described in subsection (c)(2) from any source other than
this Fund, such applicant may apply to the Special Master
for the difference between the percentage of compensatory
damages the applicant has received from other sources and
the percentage of compensatory damages to be awarded other
eligible applicants from the Fund.
(4) Additional payments.--On January 1 of the second calendar
year that begins after the date of the initial payments described
in paragraph (1) if funds are available in the Fund, the Special
Master shall authorize additional payments on a pro rata basis to
those claimants with eligible claims under subsection (c)(2) and
shall authorize additional payments for eligible claims annually
thereafter if funds are available in the Fund.
(5) Subrogation and retention of rights.--
(A) United states subrogated to creditor rights to the
extent of payment.--The United States shall be subrogated to
the rights of any person who applies for and receives payments
under this section, but only to the extent and in the amount of
such payments made under this section. The President shall
pursue these subrogated rights as claims or offsets of the
United States in appropriate ways, including any negotiation
process that precedes the normalization of relations between
the foreign state designated as a state sponsor of terrorism
and the United States or the lifting of sanctions against such
foreign state.
(B) Rights retained.--To the extent amounts of damages
remain unpaid and outstanding following any payments made under
this subsection, each applicant shall retain that applicant's
creditor rights in any unpaid and outstanding amounts of the
judgment, including any prejudgment or post-judgment interest,
or punitive damages, awarded by the United States district
court pursuant to a judgment.
(e) United States Victims of State Sponsored Terrorism Fund.--
(1) Establishment of united states victims of state sponsored
terrorism fund.--There is established in the Treasury a fund, to be
designated as the United States Victims of State Sponsored
Terrorism Fund.
(2) Deposit and transfer.--Beginning on the date of the
enactment of this Act, the following shall be deposited or
transferred into the Fund for distribution under this section:
(A) Forfeited funds and property.--
(i) Criminal funds and property.--All funds, and the
net proceeds from the sale of property, forfeited or paid
to the United States after the date of enactment of this
Act as a criminal penalty or fine arising from a violation
of any license, order, regulation, or prohibition issued
under the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) or the Trading with the Enemy Act (50
U.S.C. App. 1 et seq.), or any related criminal conspiracy,
scheme, or other Federal offense arising from the actions
of, or doing business with or acting on behalf of, a state
sponsor of terrorism.
(ii) Civil funds and property.--One-half of all funds,
and one-half of the net proceeds from the sale of property,
forfeited or paid to the United States after the date of
enactment of this Act as a civil penalty or fine arising
from a violation of any license, order, regulation, or
prohibition issued under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) or the Trading
with the Enemy Act (50 U.S.C. App. 1 et seq.), or any
related conspiracy, scheme, or other Federal offense
arising from the actions of, or doing business with or
acting on behalf of, a state sponsor of terrorism.
(B) Transfer into fund of certain assigned assets of iran
and election to participate in fund.--
(i) Deposit into fund of assigned proceeds from sale of
properties and related assets identified in in re 650 fifth
avenue & related properties.--
(I) In general.--Except as provided in subclause
(II), if the United States receives a final judgment
forfeiting the properties and related assets identified
in the proceedings captioned as In Re 650 Fifth Avenue
& Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed
Dec. 17, 2008), the net proceeds (not including the
litigation expenses and sales costs incurred by the
United States) resulting from the sale of such
properties and related assets by the United States
shall be deposited into the Fund.
(II) Limitation.--The following proceeds resulting
from any sale of the properties and related assets
identified in subclause (I) shall not be transferred
into the Fund:
(aa) The percentage of proceeds attributable to
any party identified as a Settling Judgment
Creditor in the order dated April 16, 2014, in such
proceedings, who does not make an election
(described in clause (iii)) to participate in the
Fund.
(bb) The percentage of proceeds attributable to
the parties identified as the Hegna Judgment
Creditors in such proceedings, unless and until a
final judgment is entered denying the claims of
such creditors.
(ii) Deposit into fund of assigned assets identified in
peterson v. islamic republic of iran.--If a final judgment
is entered in Peterson v. Islamic Republic of Iran, No. 10
Civ. 4518 (S.D.N.Y.), awarding the assets at issue in that
case to the judgment creditors identified in the order
dated July 9, 2013, those assets shall be deposited into
the Fund, but only to the extent, and in such percentage,
that the rights, title, and interest to such assets were
assigned through elections made pursuant to clause (iii).
(iii) Election to participate in the fund.--Upon
written notice to the Attorney General, the Special Master,
and the chief judge of the United States District Court for
the Southern District of New York within 60 days after the
date of the publication required under subsection (b)(2)(A)
a United States person, who is a judgment creditor in the
proceedings captioned Peterson v. Islamic Republic of Iran,
No. 10 Civ. 4518 (S.D.N.Y.), or a Settling Judgment
Creditor as identified in the order dated May 27, 2014, in
the proceedings captioned In Re 650 Fifth Avenue & Related
Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17,
2008), shall have the right to elect to participate in the
Fund and, to the extent any such person exercises such
right, shall irrevocably assign to the Fund all rights,
title, and interest to such person's claims to the assets
at issue in such proceedings. To the extent that a United
States person is both a judgment creditor in the
proceedings captioned Peterson v. Islamic Republic of Iran,
No. 10 Civ. 4518 (S.D.N.Y.) and a Settling Judgment
Creditor in In Re 650 Fifth Avenue & Related Properties,
No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), any
election by such person to participate in the Fund pursuant
to this paragraph shall operate as an election to assign
any and all rights, title, and interest in the assets in
both actions for the purposes of participating in the Fund.
The Attorney General is authorized to pursue any such
assigned rights, title, and interest in those claims for
the benefit of the Fund.
(iv) Application for conditional payment.--A United
States person who is a judgment creditor or a Settling
Judgment Creditor in the proceedings identified in clause
(iii) and who does not elect to participate in the Fund
may, notwithstanding such failure to elect, submit an
application for conditional payment from the Fund, subject
to the following limitations:
(I) In general.--Notwithstanding any such
claimant's eligibility for payment and the initial
deadline for initial payments set forth in subsection
(d)(2), the Special Master shall allocate but withhold
payment to an eligible claimant who applies for a
conditional payment under this paragraph until such
time as an adverse final judgment is entered in both of
the proceedings identified in clause (iii).
(II) Exception.--
(aa) In the event that an adverse final
judgment is entered in the proceedings captioned
Peterson v. Islamic Republic of Iran, No. 10 Civ.
4518 (S.D.N.Y), prior to a final judgment being
entered in the proceedings captioned In Re 650
Fifth Avenue & Related Properties, No. 08 Civ.
10934 (S.D.N.Y. filed Dec. 17, 2008), the Special
Master shall release a portion of an eligible
claimant's conditional payment to such eligible
claimant if the Special Master anticipates that
such claimant will receive less than the amount of
the conditional payment from any proceeds from a
final judgment that is entered in favor of the
plaintiffs in In Re 650 Fifth Avenue & Related
Properties. Such portion shall not exceed the
difference between the amount of the conditional
payment and the amount the Special Master
anticipates such claimant will receive from the
proceeds of In Re 650 Fifth Avenue & Related
Properties.
(bb) In the event that a final judgment is
entered in favor of the plaintiffs in the
proceedings captioned Peterson v. Islamic Republic
of Iran, No. 10 Civ. 4518 (S.D.N.Y) and funds are
distributed, the payments allocated to claimants
who applied for a conditional payment under this
subparagraph shall be considered void, and any
funds previously allocated to such conditional
payments shall be made available and distributed to
all other eligible claimants pursuant to subsection
(d).
(3) Expenditures from fund.--Amounts in the Fund shall be
available, without further appropriation, for the payment of
eligible claims and compensation of the Special Master in
accordance with this section.
(4) Management of fund.--The Fund shall be managed and invested
in the same manner as a trust fund is managed and invested under
section 9602 of the Internal Revenue Code of 1986.
(5) Funding.--There is appropriated to the Fund, out of any
money in the Treasury not otherwise appropriated, $1,025,000,000
for fiscal year 2017, to remain available until expended.
(6) Termination.--
(A) In general.--Amounts in the Fund may not be obligated
on or after January 2, 2026.
(B) Closing of fund.--Effective on the day after all
amounts authorized to be paid from the Fund under this section
that were obligated before January 2, 2026 are expended, any
unobligated balances in the Fund shall be transferred, as
appropriate, to either the Department of the Treasury
Forfeiture Fund established under section 9705 of title 31,
United States Code, or to the Department of Justice Assets
Forfeiture Fund established under section 524(c)(1) of title
28, United States Code.
(f) Attorneys' Fees and Costs.--
(1) In general.--No attorney shall charge, receive, or collect,
and the Special Master shall not approve, any payment of fees and
costs that in the aggregate exceeds 25 percent of any payment made
under this section.
(2) Penalty.--Any attorney who violates paragraph (1) shall be
fined under title 18, United States Code, imprisoned for not more
than 1 year, or both.
(g) Award of Compensation to Informers.--
(1) In general.--Any United States person who holds a final
judgment described in subsection (c)(2)(A) or a claim under
subsection (c)(2)(B) or (c)(2)(C) and who meets the requirements
set forth in paragraph (2) is entitled to receive an award of 10
percent of the funds deposited in the Fund under subsection (e)(2)
attributable to information such person furnished to the Attorney
General that leads to a forfeiture described in subsection
(e)(2)(A), which is made after the date of enactment of this Act
pursuant to a proceeding resulting in forfeiture that was initiated
after the date of enactment of this Act.
(2) Person described.--A person meets the requirements of this
paragraph if--
(A) the person identifies and notifies the Attorney General
of funds or property--
(i) of a state sponsor of terrorism, or held by a third
party on behalf of or subject to the control of that state
sponsor of terrorism;
(ii) that were not previously identified or known by
the United States Government; and
(iii) that are subsequently forfeited directly or in
the form of substitute assets to the United States; and
(B) the Attorney General finds that the identification and
notification under subparagraph (A) by that person
substantially contributed to the forfeiture to the United
States.
(h) Special Exclusion From Compensation.--In no event shall an
individual who is criminally culpable for an act of international
terrorism receive any compensation under this section, either directly
or on behalf of a victim.
(i) Report to Congress.--Within 30 days after authorizing the
payment of compensation of eligible claims pursuant to subsection (d),
the Special Master shall submit to the chairman and ranking minority
member of the Committee on the Judiciary of the House of
Representatives and the chairman and ranking minority member of the
Committee on the Judiciary of the Senate a report on the payment of
eligible claims, which shall include--
(1) an explanation of the procedures for filing and processing
of applications for compensation; and
(2) an analysis of the payments made to United States persons
from the Fund and the amount of outstanding eligible claims,
including--
(A) the number of applications for compensation submitted;
(B) the number of applications approved and the amount of
each award;
(C) the number of applications denied and the reasons for
the denial;
(D) the number of applications for compensation that are
pending for which compensatory damages have not been paid in
full; and
(E) the total amount of compensatory damages from eligible
claims that have been paid and that remain unpaid.
(j) Definitions.--In this section the following definitions apply:
(1) Act of international terrorism.--The term ``act of
international terrorism'' includes--
(A) an act of torture, extrajudicial killing, aircraft
sabotage, or hostage taking as those terms are defined in
section 1605A(h) of title 28, United States Code; and
(B) providing material support or resources, as defined in
section 2339A of title 18, United States Code, for an act
described in subparagraph (A).
(2) Adverse final judgment.--The term ``adverse final
judgment'' means a final judgment in favor of the defendant, or
defendants, in the proceedings identified in subsection
(e)(2)(B)(iii), or which does not order any payment from, or award
any interest in, the assets at issue in such proceedings to the
plaintiffs, judgment creditors, or Settling Judgment Creditors in
such proceedings.
(3) Compensatory damages.--The term ``compensatory damages''
does not include pre-judgment or post-judgment interest or punitive
damages.
(4) Final judgment.--The term ``final judgment'' means an
enforceable final judgment, decree or order on liability and
damages entered by a United States district court that is not
subject to further appellate review, but does not include a
judgment, decree, or order that has been waived, relinquished,
satisfied, espoused by the United States, or subject to a bilateral
claims settlement agreement between the United States and a foreign
state. In the case of a default judgment, such judgment shall not
be considered a final judgment until such time as service of
process has been completed pursuant to section 1608(e) of title 28,
United States Code.
(5) Fund.--The term ``Fund'' means the United States Victims of
State Sponsored Terrorism Fund established by this section.
(6) Source other than this fund.--The term ``source other than
this Fund'' means all collateral sources, including life insurance,
pension funds, death benefit programs, payments by Federal, State,
or local governments (including payments from the September 11th
Victim Compensation Fund (49 U.S.C. 40101 note)), and court awarded
compensation related to the act of international terrorism that
gave rise to a claimant's final judgment. The term ``entitled or
scheduled to receive'' in subsection (d)(3)(B)(i) includes any
potential recovery where that person or their representative is a
party to any civil or administrative action pending in any court or
agency of competent jurisdiction in which the party seeks to
enforce the judgment giving rise to the application to the Fund.
(7) State sponsor of terrorism.--The term ``state sponsor of
terrorism'' means a country the government of which the Secretary
of State has determined, for purposes of section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. 4605(j)), section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 40 of the
Arms Export Control Act (22 U.S.C. 2780), or any other provision of
law, is a government that has repeatedly provided support for acts
of international terrorism.
(8) United states person.--The term ``United States person''
means a natural person who has suffered an injury arising from the
actions of a foreign state for which the foreign state has been
determined not to be immune from the jurisdiction of the courts of
the United States under section 1605A or section 1605(a)(7) (as
such section was in effect on January 27, 2008) of title 28, United
States Code, or is eligible to make a claim under subsection
(c)(2)(B) or subsection (c)(2)(C).
(k) Severability.--The provisions of this section are severable. If
any provision of this section, or any application thereof, is found
unconstitutional, that finding shall not affect any provision or
application of this section not so adjudicated.
SEC. 405. BUDGETARY PROVISIONS.
(a) Limitation.--Notwithstanding any other provision of law,
including section 982 of title 18, United States Code, and section 413
of the Controlled Substances Act (21 U.S.C. 853), none of the funds
paid to the United States Government by BNP Paribas S.A. as part of, or
related to, a plea agreement dated June 27, 2014, entered into between
the Department of Justice and BNP Paribas S.A., and subject to a
consent order entered by the United States District Court for the
Southern District of New York on May 1, 2015, in United States v. BNPP,
No. 14 Cr. 460 (S.D.N.Y.) to settle charges against BNP Paribas S.A.
for conspiracy to commit an offense against the United States in
violation of section 371 of title 18, United States Code, by conspiring
to violate the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), and the Trading with the Enemy Act (50 U.S.C. 4301 et
seq.), may be used by the United States Government--
(1) in any manner in furtherance of the proposed use of such
funds by the Department of Justice to compensate individuals as
announced by the Department of Justice on May 1, 2015; or
(2) in any other manner whatsoever, including in furtherance of
any program to compensate victims of international or state
sponsored terrorism, except as such funds are directed by Congress
pursuant to this title and the amendments made by this title.
(b) Rescission of Funds From BNP Settlement.--Of the amounts in the
Department of the Treasury Forfeiture Fund established under section
9705 of title 31, United States Code, $3,800,000,000 from funds paid to
the United States Government by BNP Paribas S.A. as part of, or related
to, a plea agreement dated June 27, 2014, entered into between the
Department of Justice and BNP Paribas S.A., and subject to a consent
order entered by the United States District Court for the Southern
District of New York on May 1, 2015, in United States v. BNPP, No. 14
Cr. 460 (S.D.N.Y.), shall be deobligated, if necessary, and shall be
permanently rescinded.
TITLE V--MEDICARE AND MEDICAID PROVISIONS
SEC. 501. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$205,000,000'' and inserting
``$5,000,000''.
SEC. 502. MEDICARE PAYMENT INCENTIVE FOR THE TRANSITION FROM
TRADITIONAL X-RAY IMAGING TO DIGITAL RADIOGRAPHY AND OTHER
MEDICARE IMAGING PAYMENT PROVISION.
(a) Physician Fee Schedule.--
(1) Payment incentive for transition.--
(A) In general.--Section 1848(b) of the Social Security Act
(42 U.S.C. 1395w-4(b)) is amended by adding at the end the
following new paragraph:
``(9) Special rule to incentivize transition from traditional
x-ray imaging to digital radiography.--
``(A) Limitation on payment for film x-ray imaging
services.--In the case of an imaging service (including the
imaging portion of a service) that is an X-ray taken using film
and that is furnished during 2017 or a subsequent year, the
payment amount for the technical component (including the
technical component portion of a global service) of such
service that would otherwise be determined under this section
(without application of this paragraph and before application
of any other adjustment under this section) for such year shall
be reduced by 20 percent.
``(B) Phased-in limitation on payment for computed
radiography imaging services.--In the case of an imaging
service (including the imaging portion of a service) that is an
X-ray taken using computed radiography technology--
``(i) in the case of such a service furnished during
2018, 2019, 2020, 2021, or 2022, the payment amount for the
technical component (including the technical component
portion of a global service) of such service that would
otherwise be determined under this section (without
application of this paragraph and before application of any
other adjustment under this section) for such year shall be
reduced by 7 percent; and
``(ii) in the case of such a service furnished during
2023 or a subsequent year, the payment amount for the
technical component (including the technical component
portion of a global service) of such service that would
otherwise be determined under this section (without
application of this paragraph and before application of any
other adjustment under this section) for such year shall be
reduced by 10 percent.
``(C) Computed radiography technology defined.--For
purposes of this paragraph, the term `computed radiography
technology' means cassette-based imaging which utilizes an
imaging plate to create the image involved.
``(D) Implementation.--In order to implement this
paragraph, the Secretary shall adopt appropriate mechanisms
which may include use of modifiers.''.
(B) Exemption from budget neutrality.--Section
1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C. 1395w-
4(c)(2)(B)(v)) is amended by adding at the end the following
new subclause:
``(X) Reduced expenditures attributable to
incentives to transition to digital radiography.--
Effective for fee schedules established beginning with
2017, reduced expenditures attributable to subparagraph
(A) of subsection (b)(9) and effective for fee
schedules established beginning with 2018, reduced
expenditures attributable to subparagraph (B) of such
subsection.''.
(2) Reduction of discount in payment for professional component
of multiple imaging services.--
(A) In general.--Section 1848(b) of the Social Security Act
(42 U.S.C. 1395w-4(b)), as amended by paragraph (1), is amended
by adding at the end the following new paragraph:
``(10) Reduction of discount in payment for professional
component of multiple imaging services.--In the case of the
professional component of imaging services furnished on or after
January 1, 2017, instead of the 25 percent reduction for multiple
procedures specified in the final rule published by the Secretary
in the Federal Register on November 28, 2011, as amended in the
final rule published by the Secretary in the Federal Register on
November 16, 2012, the reduction percentage shall be 5 percent.''.
(B) Exemption from budget neutrality.--Section
1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C. 1395w
4(c)(2)(B)(v)), as amended by paragraph (1), is amended by
adding at the end by the following new subclause:
``(XI) Discount in payment for professional
component of imaging services.--Effective for fee
schedules established beginning with 2017, reduced
expenditures attributable to subsection (b)(10).''.
(C) Conforming amendment.--Section 220(i) of the Protecting
Access to Medicare Act of 2014 (42 U.S.C. 1395w-4 note) is
repealed.
(b) Payment Incentive for Transition Under Hospital Outpatient
Prospective Payment System.--Section 1833(t)(16) of the Social Security
Act (42 U.S.C. 1395(t)(16)) is amended by adding at the end the
following new subparagraph:
``(F) Payment incentive for the transition from traditional
x-ray imaging to digital radiography.--Notwithstanding the
previous provisions of this subsection:
``(i) Limitation on payment for film x-ray imaging
services.--In the case of an imaging service that is an X-
ray taken using film and that is furnished during 2017 or a
subsequent year, the payment amount for such service
(including the X-ray component of a packaged service) that
would otherwise be determined under this section (without
application of this paragraph and before application of any
other adjustment under this subsection) for such year shall
be reduced by 20 percent.
``(ii) Phased-in limitation on payment for computed
radiography imaging services.--In the case of an imaging
service that is an X-ray taken using computed radiography
technology (as defined in section 1848(b)(9)(C))--
``(I) in the case of such a service furnished
during 2018, 2019, 2020, 2021, or 2022, the payment
amount for such service (including the X-ray component
of a packaged service) that would otherwise be
determined under this section (without application of
this paragraph and before application of any other
adjustment under this subsection) for such year shall
be reduced by 7 percent; and
``(II) in the case of such a service furnished
during 2023 or a subsequent year, the payment amount
for such service (including the X-ray component of a
packaged service) that would otherwise be determined
under this section (without application of this
paragraph and before application of any other
adjustment under this subsection) for such year shall
be reduced by 10 percent.
``(iii) Application without regard to budget
neutrality.--The reductions made under this subparagraph--
``(I) shall not be considered an adjustment under
paragraph (2)(E); and
``(II) shall not be implemented in a budget neutral
manner.
``(iv) Implementation.--In order to implement this
subparagraph, the Secretary shall adopt appropriate
mechanisms which may include use of modifiers.''.
SEC. 503. LIMITING FEDERAL MEDICAID REIMBURSEMENT TO STATES FOR
DURABLE MEDICAL EQUIPMENT (DME) TO MEDICARE PAYMENT RATES.
(a) Medicaid Reimbursement.--
(1) In general.--Section 1903(i) of the Social Security Act (42
U.S.C. 1396b(i)) is amended--
(A) in paragraph (25), by striking ``or'' at the end;
(B) in paragraph (26), by striking the period at the end
and inserting ``; or''; and
(C) by inserting after paragraph (26) the following new
paragraph:
``(27) with respect to any amounts expended by the State on the
basis of a fee schedule for items described in section 1861(n) and
furnished on or after January 1, 2019, as determined in the
aggregate with respect to each class of such items as defined by
the Secretary, in excess of the aggregate amount, if any, that
would be paid for such items within such class on a fee-for-service
basis under the program under part B of title XVIII, including, as
applicable, under a competitive acquisition program under section
1847 in an area of the State.''.
(2) Rule of construction.--Nothing in the amendments made by
paragraph (1) shall be construed to prohibit a State Medicaid
program from providing medical assistance for durable medical
equipment for which payment is denied or not available under the
Medicare program under title XVIII of such Act.
(b) Evaluating Application of DME Payment Limits Under Medicaid.--
The Secretary of Health and Human Services shall evaluate the impact of
applying Medicare payment rates with respect to payment for durable
medical equipment under the Medicaid program under section 1903(i)(27)
of the Social Security Act, as inserted by subsection (a)(1)(C). The
Secretary shall make available to the public the results of such
evaluation.
SEC. 504. TREATMENT OF DISPOSABLE DEVICES.
(a) In General.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended by adding at the end the following new subsection:
``(s) Payment for Applicable Disposable Devices.--
``(1) Separate payment.--The Secretary shall make a payment
(separate from the payments otherwise made under section 1895) in
the amount established under paragraph (3) to a home health agency
for an applicable disposable device (as defined in paragraph (2))
when furnished on or after January 1, 2017, to an individual who
receives home health services for which payment is made under
section 1895(b).
``(2) Applicable disposable device.--In this subsection, the
term applicable disposable device means a disposable device that,
as determined by the Secretary, is--
``(A) a disposable negative pressure wound therapy device
that is an integrated system comprised of a non-manual vacuum
pump, a receptacle for collecting exudate, and dressings for
the purposes of wound therapy; and
``(B) a substitute for, and used in lieu of, a negative
pressure wound therapy durable medical equipment item that is
an integrated system of a negative pressure vacuum pump, a
separate exudate collection canister, and dressings that would
otherwise be covered for individuals for such wound therapy.
``(3) Payment amount.--The separate payment amount established
under this paragraph for an applicable disposable device for a year
shall be equal to the amount of the payment that would be made
under section 1833(t) (relating to payment for covered OPD
services) for the year for the Level I Healthcare Common Procedure
Coding System (HCPCS) code for which the description for a
professional service includes the furnishing of such device.''.
(b) Conforming Amendments.--
(1) Coinsurance.--Section 1833(a)(1) of the Social Security Act
(42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (Z)'' and inserting ``(Z)''; and
(B) by inserting before the semicolon at the end the
following: ``, and (AA) with respect to an applicable
disposable device (as defined in paragraph (2) of section
1834(s)) furnished to an individual pursuant to paragraph (1)
of such section, the amount paid shall be equal to 80 percent
of the lesser of the actual charge or the amount determined
under paragraph (3) of such section''.
(2) Home health.--Section 1861(m)(5) of the Social Security Act
(42 U.S.C. 1395x(m)(5)) is amended by inserting ``and applicable
disposable devices (as defined in section 1834(s)(2))'' after
``durable medical equipment''.
(c) Reports.--
(1) GAO study and report on disposable devices.--
(A) Study.--The Comptroller General of the United States
shall conduct a study on the value of disposable devices to the
Medicare program and Medicare beneficiaries and the role of
disposable devices as substitutes for durable medical
equipment. Such study shall address the following:
(i) The types of disposable devices that could
potentially qualify as being substitutes for durable
medical equipment under the Medicare program, the
similarities and differences between such disposable
devices and the durable medical equipment for which they
would be a substitute, and the extent to which other
payers, including the Medicaid program and private payers,
cover such disposable devices.
(ii) Views of, and information from, medical device
manufacturers, providers of services, and suppliers on the
incentives and disincentives under current Medicare
coverage and payment policies for disposable devices that
are substitutes for durable medical equipment and how such
policies affect manufacturers' decisions to develop
innovative products and providers' and suppliers' decisions
to use such products.
(iii) Implications of expanding coverage under the
Medicare program to include additional disposable devices
that are substitutes for durable medical equipment.
(iv) Payment methodologies that could be used to pay
for disposable devices that are substitutes for durable
medical equipment other than applicable disposable devices
pursuant to the amendments made by subsections (a) and (b).
(v) Other applicable areas determined appropriate by
the Comptroller General.
(B) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress and the Secretary of Health and
Human Services a report on the study conducted under
subparagraph (A), together with recommendations for such
legislation and administrative action as the Comptroller
General determines to be appropriate.
(2) GAO study and report on the impact of the payment of
applicable disposable devices.--
(A) Study.--The Comptroller General of the United States
shall conduct a study on the impact of the payment for
applicable disposable devices (as defined in section 1834(s)(2)
of the Social Security Act) under the provisions of, and the
amendments made by, subsections (a) and (b). Such study shall
address the following:
(i) The impact on utilization and Medicare program and
beneficiary spending as a result of such provisions and
amendments.
(ii) The type of Medicare beneficiaries who, under the
home health benefit, use the applicable disposable device
and the period of use of the applicable disposable devices
compared to the beneficiaries who use the substitute
durable medical equipment and their period of use.
(iii) How payment rates of other payers, including the
Medicaid program and private payers, for applicable
disposable devices compare to the payment rates for such
devices under such provisions and amendments.
(iv) Other applicable areas determined appropriate by
the Comptroller General.
(B) Report.--Not later than 4 years after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress and the Secretary of Health and
Human Services a report on the study conducted under
subparagraph (A), together with recommendations for such
legislation and administrative action as the Comptroller
General determines to be appropriate.
(d) Effective Date.--The amendments made by this section shall
apply to items furnished on or after January 1, 2017.
TITLE VI--PUERTO RICO
SEC. 601. MODIFICATION OF MEDICARE INPATIENT HOSPITAL PAYMENT RATE
FOR PUERTO RICO HOSPITALS.
Section 1886(d)(9)(E) of the Social Security Act (42 U.S.C.
1395ww(d)(9)(E)) is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) in clause (iv)--
(A) by inserting ``and before January 1, 2016,'' after
``2004,''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following new clause:
``(v) on or after January 1, 2016, the applicable Puerto Rico
percentage is 0 percent and the applicable Federal percentage is
100 percent.''.
SEC. 602. APPLICATION OF MEDICARE HITECH PAYMENTS TO HOSPITALS IN
PUERTO RICO.
(a) In General.--Subsection (n)(6)(B) of section 1886 of the Social
Security Act (42 U.S.C. 1395ww) is amended by striking ``subsection (d)
hospital'' and inserting ``hospital that is a subsection (d) hospital
or a subsection (d) Puerto Rico hospital''.
(b) Conforming Amendments.--
(1) Subsection (b)(3)(B)(ix) of section 1886 of the Social
Security Act (42 U.S.C. 1395ww) is amended--
(A) in subclause (I), by striking ``(n)(6)(A)'' and
inserting ``(n)(6)(B)''; and
(B) in subclause (II), by striking ``a subsection (d)
hospital'' and inserting ``an eligible hospital''.
(2) Paragraphs (2) and (4)(A) of section 1853(m) of the Social
Security Act (42 U.S.C. 1395w-23(m)) are each amended by striking
``1886(n)(6)(A)'' and inserting ``1886(n)(6)(B)''.
(c) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
(d) Effective Date.--The amendments made by this section shall
apply as if included in the enactment of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), except that, in order to
take into account delays in the implementation of this section, in
applying subsections (b)(3)(B)(ix), (n)(2)(E)(ii), and (n)(2)(G)(i) of
section 1886 of the Social Security Act, as amended by this section,
any reference in such subsections to a particular year shall be treated
with respect to a subsection (d) Puerto Rico hospital as a reference to
the year that is 5 years after such particular year (or 7 years after
such particular year in the case of applying subsection (b)(3)(B)(ix)
of such section).
TITLE VII--FINANCIAL SERVICES
SEC. 701. TABLE OF CONTENTS.
The table of contents for this title is as follows:
Sec. 701. Table of contents.
Sec. 702. Limitations on sale of preferred stock.
Sec. 703. Confidentiality of information shared between State and
Federal financial services regulators.
Sec. 704. Application of FACA.
Sec. 705. Treatment of affiliate transactions.
Sec. 706. Ensuring the protection of insurance policyholders.
Sec. 707. Limitation on SEC funds.
Sec. 708. Elimination of reporting requirement.
Sec. 709. Extension of Hardest Hit Fund; Termination of Making Home
Affordable initiative.
SEC. 702. LIMITATIONS ON SALE OF PREFERRED STOCK.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Treasury.
(2) Senior preferred stock purchase agreement.--The term
``Senior Preferred Stock Purchase Agreement'' means--
(A) the Amended and Restated Senior Preferred Stock
Purchase Agreement, dated September 26, 2008, as such Agreement
has been amended on May 6, 2009, December 24, 2009, and August
17, 2012, respectively, and as such Agreement may be further
amended and restated, entered into between the Department of
the Treasury and each enterprise, as applicable; and
(B) any provision of any certificate in connection with
such Agreement creating or designating the terms, powers,
preferences, privileges, limitations, or any other conditions
of the Variable Liquidation Preference Senior Preferred Stock
of an enterprise issued or sold pursuant to such Agreement.
(b) Limitations on Sale of Preferred Stock.--Notwithstanding any
other provision of law or any provision of the Senior Preferred Stock
Purchase Agreement, until at least January 1, 2018, the Secretary may
not sell, transfer, relinquish, liquidate, divest, or otherwise dispose
of any outstanding shares of senior preferred stock acquired pursuant
to the Senior Preferred Stock Purchase Agreement, unless Congress has
passed and the President has signed into law legislation that includes
a specific instruction to the Secretary regarding the sale, transfer,
relinquishment, liquidation, divestiture, or other disposition of the
senior preferred stock so acquired.
(c) Sense of Congress.--It is the Sense of Congress that Congress
should pass and the President should sign into law legislation
determining the future of Fannie Mae and Freddie Mac, and that
notwithstanding the expiration of subsection (b), the Secretary should
not sell, transfer, relinquish, liquidate, divest, or otherwise dispose
of any outstanding shares of senior preferred stock acquired pursuant
to the Senior Preferred Stock Purchase Agreement until such legislation
is enacted.
SEC. 703. CONFIDENTIALITY OF INFORMATION SHARED BETWEEN STATE AND
FEDERAL FINANCIAL SERVICES REGULATORS.
Section 1512(a) of the S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5111(a)) is amended by inserting ``or financial services''
before ``industry''.
SEC. 704. APPLICATION OF FACA.
Section 1013 of the Consumer Financial Protection Act of 2010 (12
U.S.C. 5493) is amended by adding at the end the following:
``(h) Application of FACA.--Notwithstanding any provision of the
Federal Advisory Committee Act (5 U.S.C. App.), such Act shall apply to
each advisory committee of the Bureau and each subcommittee of such an
advisory committee.''.
SEC. 705. TREATMENT OF AFFILIATE TRANSACTIONS.
(a) Commodity Exchange Act Amendments.--Section 2(h)(7)(D) of the
Commodity Exchange Act (7 U.S.C. 2(h)(7)(D)) is amended--
(1) by redesignating clause (iii) as clause (v);
(2) by striking clauses (i) and (ii) and inserting the
following:
``(i) In general.--An affiliate of a person that
qualifies for an exception under subparagraph (A)
(including affiliate entities predominantly engaged in
providing financing for the purchase of the merchandise or
manufactured goods of the person) may qualify for the
exception only if the affiliate--
``(I) enters into the swap to hedge or mitigate the
commercial risk of the person or other affiliate of the
person that is not a financial entity, and the
commercial risk that the affiliate is hedging or
mitigating has been transferred to the affiliate;
``(II) is directly and wholly-owned by another
affiliate qualified for the exception under this
subparagraph or an entity that is not a financial
entity;
``(III) is not indirectly majority-owned by a
financial entity;
``(IV) is not ultimately owned by a parent company
that is a financial entity; and
``(V) does not provide any services, financial or
otherwise, to any affiliate that is a nonbank financial
company supervised by the Board of Governors (as
defined under section 102 of the Financial Stability
Act of 2010).
``(ii) Limitation on qualifying affiliates.--The
exception in clause (i) shall not apply if the affiliate
is--
``(I) a swap dealer;
``(II) a security-based swap dealer;
``(III) a major swap participant;
``(IV) a major security-based swap participant;
``(V) a commodity pool;
``(VI) a bank holding company;
``(VII) a private fund, as defined in section
202(a) of the Investment Advisers Act of 1940 (15
U.S.C. 80-b-2(a));
``(VIII) an employee benefit plan or government
plan, as defined in paragraphs (3) and (32) of section
3 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002);
``(IX) an insured depository institution;
``(X) a farm credit system institution;
``(XI) a credit union;
``(XII) a nonbank financial company supervised by
the Board of Governors (as defined under section 102 of
the Financial Stability Act of 2010); or
``(XIII) an entity engaged in the business of
insurance and subject to capital requirements
established by an insurance governmental authority of a
State, a territory of the United States, the District
of Columbia, a country other than the United States, or
a political subdivision of a country other than the
United States that is engaged in the supervision of
insurance companies under insurance law.
``(iii) Limitation on affiliates' affiliates.--Unless
the Commission determines, by order, rule, or regulation,
that it is in the public interest, the exception in clause
(i) shall not apply with respect to an affiliate if the
affiliate is itself affiliated with--
``(I) a major security-based swap participant;
``(II) a security-based swap dealer;
``(III) a major swap participant; or
``(IV) a swap dealer.
``(iv) Conditions on transactions.--With respect to an
affiliate that qualifies for the exception in clause (i)--
``(I) the affiliate may not enter into any swap
other than for the purpose of hedging or mitigating
commercial risk; and
``(II) neither the affiliate nor any person
affiliated with the affiliate that is not a financial
entity may enter into a swap with or on behalf of any
affiliate that is a financial entity or otherwise
assume, net, combine, or consolidate the risk of swaps
entered into by any such financial entity, except one
that is an affiliate that qualifies for the exception
under clause (i).''; and
(3) by adding at the end the following:
``(vi) Risk management program.--Any swap entered into
by an affiliate that qualifies for the exception in clause
(i) shall be subject to a centralized risk management
program of the affiliate, which is reasonably designed both
to monitor and manage the risks associated with the swap
and to identify each of the affiliates on whose behalf a
swap was entered into.''.
(b) Securities Exchange Act of 1934 Amendment.--Section 3C(g)(4) of
the Securities Exchange Act of 1934 (15 U.S.C. 78c-3(g)(4)) is
amended--
(1) by redesignating subparagraph (C) as subparagraph (E);
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) In general.--An affiliate of a person that qualifies
for an exception under this subsection (including affiliate
entities predominantly engaged in providing financing for the
purchase of the merchandise or manufactured goods of the
person) may qualify for the exception only if the affiliate--
``(i) enters into the security-based swap to hedge or
mitigate the commercial risk of the person or other
affiliate of the person that is not a financial entity, and
the commercial risk that the affiliate is hedging or
mitigating has been transferred to the affiliate;
``(ii) is directly and wholly-owned by another
affiliate qualified for the exception under this paragraph
or an entity that is not a financial entity;
``(iii) is not indirectly majority-owned by a financial
entity;
``(iv) is not ultimately owned by a parent company that
is a financial entity; and
``(v) does not provide any services, financial or
otherwise, to any affiliate that is a nonbank financial
company supervised by the Board of Governors (as defined
under section 102 of the Financial Stability Act of 2010).
``(B) Limitation on qualifying affiliates.--The exception
in subparagraph (A) shall not apply if the affiliate is--
``(i) a swap dealer;
``(ii) a security-based swap dealer;
``(iii) a major swap participant;
``(iv) a major security-based swap participant;
``(v) a commodity pool;
``(vi) a bank holding company;
``(vii) a private fund, as defined in section 202(a) of
the Investment Advisers Act of 1940 (15 U.S.C. 80-b-2(a));
``(viii) an employee benefit plan or government plan,
as defined in paragraphs (3) and (32) of section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002);
``(ix) an insured depository institution;
``(x) a farm credit system institution;
``(xi) a credit union;
``(xii) a nonbank financial company supervised by the
Board of Governors (as defined under section 102 of the
Financial Stability Act of 2010); or
``(xiii) an entity engaged in the business of insurance
and subject to capital requirements established by an
insurance governmental authority of a State, a territory of
the United States, the District of Columbia, a country
other than the United States, or a political subdivision of
a country other than the United States that is engaged in
the supervision of insurance companies under insurance law.
``(C) Limitation on affiliates' affiliates.--Unless the
Commission determines, by order, rule, or regulation, that it
is in the public interest, the exception in subparagraph (A)
shall not apply with respect to an affiliate if such affiliate
is itself affiliated with--
``(i) a major security-based swap participant;
``(ii) a security-based swap dealer;
``(iii) a major swap participant; or
``(iv) a swap dealer.
``(D) Conditions on transactions.--With respect to an
affiliate that qualifies for the exception in subparagraph
(A)--
``(i) such affiliate may not enter into any security-
based swap other than for the purpose of hedging or
mitigating commercial risk; and
``(ii) neither such affiliate nor any person affiliated
with such affiliate that is not a financial entity may
enter into a security-based swap with or on behalf of any
affiliate that is a financial entity or otherwise assume,
net, combine, or consolidate the risk of security-based
swaps entered into by any such financial entity, except one
that is an affiliate that qualifies for the exception under
subparagraph (A).''; and
(3) by adding at the end the following:
``(F) Risk management program.--Any security-based swap
entered into by an affiliate that qualifies for the exception
in subparagraph (A) shall be subject to a centralized risk
management program of the affiliate, which is reasonably
designed both to monitor and manage the risks associated with
the security-based swap and to identify each of the affiliates
on whose behalf a security-based swap was entered into.''.
SEC. 706. ENSURING THE PROTECTION OF INSURANCE POLICYHOLDERS.
(a) Source of Strength.--Section 38A of the Federal Deposit
Insurance Act (12 U.S.C. 1831o-1) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Authority of State Insurance Regulator.--
``(1) In general.--The provisions of section 5(g) of the Bank
Holding Company Act of 1956 (12 U.S.C. 1844(g)) shall apply to a
savings and loan holding company that is an insurance company, an
affiliate of an insured depository institution that is an insurance
company, and to any other company that is an insurance company and
that directly or indirectly controls an insured depository
institution, to the same extent as the provisions of that section
apply to a bank holding company that is an insurance company.
``(2) Rule of construction.--Requiring a bank holding company
that is an insurance company, a savings and loan holding company
that is an insurance company, an affiliate of an insured depository
institution that is an insurance company, or any other company that
is an insurance company and that directly or indirectly controls an
insured depository institution to serve as a source of financial
strength under this section shall be deemed an action of the Board
that requires a bank holding company to provide funds or other
assets to a subsidiary depository institution for purposes of
section 5(g) of the Bank Holding Company Act of 1956 (12 U.S.C.
1844(g)).''.
(b) Liquidation Authority.--The Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended--
(1) in section 203(e)(3) (12 U.S.C. 5383(e)(3)), by inserting
``or rehabilitation'' after ``orderly liquidation'' each place that
term appears; and
(2) in section 204(d)(4) (12 U.S.C. 5384(d)(4)), by inserting
before the semicolon at the end the following: ``, except that, if
the covered financial company or covered subsidiary is an insurance
company or a subsidiary of an insurance company, the Corporation--
``(A) shall promptly notify the State insurance authority
for the insurance company of the intention to take such lien;
and
``(B) may only take such lien--
``(i) to secure repayment of funds made available to
such covered financial company or covered subsidiary; and
``(ii) if the Corporation determines, after
consultation with the State insurance authority, that such
lien will not unduly impede or delay the liquidation or
rehabilitation of the insurance company, or the recovery by
its policyholders''.
SEC. 707. LIMITATION ON SEC FUNDS.
None of the funds made available by any division of this Act shall
be used by the Securities and Exchange Commission to finalize, issue,
or implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
SEC. 708. ELIMINATION OF REPORTING REQUIREMENT.
Paragraph (6) of section 21(h) of the Securities Exchange Act of
1934 (15 U.S.C. 78u(h)) is repealed.
SEC. 709. EXTENSION OF HARDEST HIT FUND; TERMINATION OF MAKING HOME
AFFORDABLE INITIATIVE.
(a) Extension of Hardest Hit Fund.--Section 120(b) of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5230(b)) is amended by
inserting after the period at the end the following: ``Notwithstanding
the foregoing, the Secretary may further extend the authority provided
under this Act to expire on December 31, 2017, provided that (1) any
such extension shall apply only with respect to current program
participants in the Housing Finance Agency Innovation Fund for the
Hardest Hit Housing Markets, and (2) funds obligated following such
extension shall not exceed $2,000,000,000.''.
(b) Termination.--
(1) In general.--The Making Home Affordable initiative of the
Secretary of the Treasury, as authorized under the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.), shall
terminate on December 31, 2016.
(2) Applicability.--Paragraph (1) shall not apply to any loan
modification application made under the Home Affordable
Modification Program under the Making Home Affordable initiative of
the Secretary of the Treasury, as authorized under the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.), before
December 31, 2016.
TITLE VIII--LAND AND WATER CONSERVATION FUND
SEC. 801. LAND AND WATER CONSERVATION FUND.
(a) Reauthorization.--Section 200302 of title 54, United States
Code, is amended--
(1) in subsection (b), in the language preceding paragraph (1),
by striking ``September 30, 2015'' and inserting ``September 30,
2018''; and
(2) in subsection (c)(1), by striking ``September 30, 2015''
and inserting ``September 30, 2018''.
(b) Prohibition on Use of Condemnation or Eminent Domain.--Except
as provided by subsection (c), for fiscal years 2016, 2017, and 2018,
unless otherwise provided by division G of this Act or an Act enacted
after this Act making appropriations for the Department of the
Interior, Environment, and Related Agencies, no funds appropriated by
such division or Act for the acquisition of lands or interests in lands
may be expended for the filing of declarations of taking or complaints
in condemnation without the approval of the House and Senate Committees
on Appropriations.
(c) Exception for Everglades.--Hereafter, subsection (b) shall not
apply to funds appropriated to implement the Everglades National Park
Protection and Expansion Act of 1989, or to funds appropriated for
Federal assistance to the State of Florida to acquire lands for
Everglades restoration purposes.
TITLE IX--NATIONAL OCEANS AND COASTAL SECURITY
SEC. 901. SHORT TITLE.
This title may be cited as the ``National Oceans and Coastal
Security Act''.
SEC. 902. DEFINITIONS.
In this title:
(1) Coastal county.--The term ``coastal county'' has the
meaning given the term by the National Oceanic and Atmospheric
Administration in the document entitled ``NOAA's List of Coastal
Counties for the Bureau of the Census'' (or similar successor
document).
(2) Coastal state.--The term ``coastal State'' has the meaning
given the term ``coastal state'' in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
(3) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation established by section 2(a) of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3701(a)).
(4) Fund.--The term ``Fund'' means the National Oceans and
Coastal Security Fund established under section 904(a).
(5) Indian tribe.--The term ``Indian tribe'' means any
federally recognized Indian tribe.
(6) Administrator.--Except as otherwise specifically provided,
the term ``Administrator'' means the Under Secretary of Commerce
for Oceans and Atmosphere and Administrator of the National Oceanic
and Atmospheric Administration.
(7) Tidal shoreline.--The term ``tidal shoreline'' has the
meaning given that term pursuant to section 923.110(c)(2)(i) of
title 15, Code of Federal Regulations, or a similar successor
regulation.
SEC. 903. PURPOSES AND AGREEMENTS.
(a) Purposes.--The purposes of this title are to better understand
and utilize the oceans, coasts, and Great Lakes of the United States,
and ensure present and future generations will benefit from the full
range of ecological, economic, social, and recreational opportunities,
security, and services these resources are capable of providing.
(b) Agreements.--The Administrator and the Foundation may enter
into such agreements as may be necessary to carry out the purposes of
this title.
SEC. 904. NATIONAL OCEANS AND COASTAL SECURITY FUND.
(a) Establishment.--The Administrator and the Foundation are
authorized to establish the National Oceans and Coastal Security Fund
as a tax exempt fund to further the purposes of this title.
(b) Deposits.--
(1) In general.--There shall be deposited into the Fund amounts
appropriated or otherwise made available to carry out this title.
(2) Prohibitions on donations from foreign governments.--No
amounts donated by a foreign government, as defined in section 7342
of title 5, United States Code, may be deposited into the Fund.
(c) Requirements.--Any amounts received by the Foundation pursuant
to this title shall be subject to the provisions of the National Fish
and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.),
except the provisions of--
(1) section 4(e)(1)(B) of that Act (16 U.S.C. 3703(e)(1)(B));
and
(2) section 10(a) of that Act (16 U.S.C. 3709(a)).
(d) Expenditure.--Of the amounts deposited into the Fund for each
fiscal year--
(1) funds may be used by the Foundation to award grants to
coastal States under section 906(b);
(2) funds may be used by the Foundation to award grants under
section 906(c);
(3) no more than 2 percent may be used by the Administrator and
the Foundation for administrative expenses to carry out this title,
which amount shall be divided between the Administrator and the
Foundation pursuant to an agreement reached and documented by both
the Administrator and the Foundation.
(e) Recovery of Payments.--After notice and an opportunity for a
hearing, the Administrator is authorized to recover any Federal
payments under this section if the Foundation--
(1) makes a withdrawal or expenditure from the Fund that is not
consistent with the requirements of section 905; or
(2) fails to comply with a procedure, measure, method, or
standard established under section 906(a)(1).
SEC. 905. ELIGIBLE USES.
(a) In General.--Amounts in the Fund may be allocated by the
Foundation to support programs and activities intended to better
understand and utilize ocean and coastal resources and coastal
infrastructure, including baseline scientific research, ocean
observing, and other programs and activities carried out in
coordination with Federal and State departments or agencies.
(b) Prohibition on Use of Funds for Litigation or Other Purposes.--
No funds made available under this title may be used to--
(1) fund litigation against the Federal Government; or
(2) fund the creation of national marine monuments and marine
protected areas, marine spatial planning, or the National Ocean
Policy.
SEC. 906. GRANTS.
(a) Administration of Grants.--
(1) In general.--Not later than 90 days after funds are
deposited into the Fund and made available to the Foundation for
administrative purposes, the Foundation shall establish the
following:
(A) Application and review procedures for the awarding of
grants under this section, including requirements ensuring that
any amounts awarded under such subsections may only be used for
an eligible use described under section 905.
(B) Selection procedures and criteria for the awarding of
grants under this section that--
(i) require consultation with the Administrator and the
Secretary of the Interior; and
(ii) prioritize the projects or activities where non-
Federal partners have committed to share the cost of the
project.
(C) Eligibility criteria for awarding grants--
(i) under subsection (b) to coastal States; and
(ii) under subsection (c) to--
(I) entities including States, local governments,
and Indian tribes; and
(II) the research and restoration work of
associations, nongovernmental organizations, public-
private partnerships, and academic institutions.
(D) Performance accountability and monitoring measures for
programs and activities funded by a grant awarded under
subsection (b) or (c).
(E) Procedures and methods to ensure accurate accounting
and appropriate administration of grants awarded under this
section, including standards of recordkeeping.
(F) Procedures to carry out audits of the Fund as
necessary, but not less frequently than once every year if
grants have been awarded in that year.
(G) Procedures to carry out audits of the recipients of
grants under this section.
(H) Procedures to make publicly available on the Internet a
list of all projects funded by the Fund, that includes at a
minimum the grant recipient, grant amount, project description,
and project status.
(2) Approval.--The Foundation shall submit to the Administrator
for approval each procedure, measure, method, and standard
established under paragraph (1).
(b) Grants to Coastal States.--
(1) In general.--The Administrator and the Foundation may award
grants according to the procedures established in subsection (a) to
coastal States and United States territories to support activities
consistent with section 904. In determining distribution of grants,
the Foundation may--
(A) consider for each State--
(i) percent of total United States shoreline miles;
(ii) coastal population density; and
(iii) other factors;
(B) establish criteria for States, including the
requirement for a State to establish a plan to distribute the
funds; and
(C) establish a maximum and minimum percentage of funding
to be awarded to each State or United States territory.
(2) Indian tribes.--As a condition on receipt of a grant under
this subsection, a State that receives a grant under this
subsection shall ensure that Indian tribes in the State are
eligible to participate in any competitive grants established in
this title.
(c) National Grants for Oceans, Coasts, and Great Lakes.--
(1) In general.--The Administrator and the Foundation may award
grants according to the procedures established in subsection (a) to
support activities consistent with section 905.
(2) Advisory panel.--
(A) In general.--The Foundation may establish an advisory
panel to conduct reviews of applications for grants under
paragraph (1) and the Foundation may consider the
recommendations of the advisory panel with respect to such
applications.
(B) Membership.--The advisory panel described under
subparagraph (A) shall include persons representing--
(i) ocean and coastal dependent industries;
(ii) geographic regions as defined by the Foundation;
and
(iii) academic institutions.
SEC. 907. ANNUAL REPORT.
(a) Requirement for Annual Report.--Subject to subsection (c),
beginning with fiscal year 2017, not later than 60 days after the end
of each fiscal year, the Foundation shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Natural Resources of the House of Representatives a report on the
operation of the Fund during that fiscal year.
(b) Content.--Each annual report submitted under subsection (a) for
a fiscal year shall include--
(1) a full and complete statement of the receipts, including
the source of all receipts, expenditures, and investments of the
Fund;
(2) a statement of the amounts deposited in the Fund and the
balance remaining in the Fund at the end of the fiscal year; and
(3) a description of the expenditures made from the Fund for
the fiscal year, including the purpose of the expenditures.
SEC. 908. FUNDING.
There is authorized to be appropriated such sums as are necessary
for fiscal years 2017, 2018, and 2019 for this title.
TITLE X--BUDGETARY PROVISIONS
SEC. 1001. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of division
M and each succeeding division shall not be entered on either PAYGO
scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of division M
and each succeeding division 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 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
further, That the Government of the United States may charge fees for
such loans, which shall be collected from borrowers in accordance with
section 502(7) of the Congressional Budget Act of 1974: Provided
further, That no funds made available to Iraq by the Department of
State, Foreign Operations, and Related Programs Appropriations Act,
2016 or previous appropriations Acts may be used for payment of any
fees associated with such loans: Provided further, That applicable
provisions of section 3 of the Arms Export Control Act relating to
restrictions on transfers, re-transfers and end-use shall apply to
defense articles and services purchased with such loans: Provided
further, That, in consultation with the Government of Iraq, special
emphasis shall be placed on assistance to covered groups (as defined in
section 1223(e)(2)(D) of Public Law 114-92) with the loans made
available pursuant to this paragraph: Provided further, That such
loans shall be repaid in not more than 12 years, including a grace
period of up to 1 year on repayment of principal.
(b) Consultation and Notification.--Funds made available pursuant
to this section shall be subject to prior consultation with the
appropriate congressional committees, and subject to the regular
notification procedures of the Committees on Appropriations.
(c) Committees.--For the purposes of this section, the terms
``appropriate congressional committees'' and ``Committees on
Appropriations'' have the same meaning as used in the Department of
State, Foreign Operations and Related Programs Appropriations Act,
2016.
(d) Budgetary Effects.--Section 1001 of title X of this division
shall not apply to this section.
DIVISION P--TAX-RELATED PROVISIONS
SEC. 1. TABLE OF CONTENTS.
The table of contents for this division is as follows:
Sec. 1. Table of contents.
TITLE I--HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE EXCISE TAX
PROVISIONS
Sec. 101. Delay of excise tax on high cost employer-sponsored health
coverage.
Sec. 102. Deductibility of excise tax on high cost employer-sponsored
health coverage.
Sec. 103. Study on suitable benchmarks for age and gender adjustment of
excise tax on high cost employer-sponsored health coverage.
TITLE II--ANNUAL FEE ON HEALTH INSURANCE PROVIDERS
Sec. 201. Moratorium on annual fee on health insurance providers.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Extension and phaseout of credits for wind facilities.
Sec. 302. Extension of election to treat qualified facilities as energy
property.
Sec. 303. Extension and phaseout of solar energy credit.
Sec. 304. Extension and phaseout of credits with respect to qualified
solar electric property and qualified solar water heating
property.
Sec. 305. Treatment of transportation costs of independent refiners.
TITLE I--HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE EXCISE TAX
PROVISIONS
SEC. 101. DELAY OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED
HEALTH COVERAGE.
(a) In General.--Sections 9001(c) and 10901(c) of the Patient
Protection and Affordable Care Act, as amended by section 1401(b) of
the Health Care and Education Reconciliation Act of 2010, are each
amended by striking ``2017'' and inserting ``2019''.
(b) Conforming Amendment.--Clause (v) of section 4980I(b)(3)(C) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``as in effect'' and inserting ``as determined
for'', and
(2) by striking ``as so in effect'' and inserting ``as so
determined''.
SEC. 102. DEDUCTIBILITY OF EXCISE TAX ON HIGH COST EMPLOYER-
SPONSORED HEALTH COVERAGE.
Paragraph (10) of section 4980I(f) of the Internal Revenue Code of
1986 is amended to read as follows:
``(10) Deductibility of tax.--Section 275(a)(6) shall not apply
to the tax imposed by subsection (a).''.
SEC. 103. STUDY ON SUITABLE BENCHMARKS FOR AGE AND GENDER
ADJUSTMENT OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED HEALTH
COVERAGE.
Not later than 18 months after the date of the enactment of this
Act, the Comptroller General of the United States, in consultation with
the National Association of Insurance Commissioners, shall report to
the Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives on--
(1) the suitability of the use (in effect under section
4980I(b)(3)(C)(iii)(II) of the Internal Revenue Code of 1986 as of
the date of the enactment of this Act) of the premium cost of the
Blue Cross/Blue Shield standard benefit option under the Federal
Employees Health Benefits Plan as a benchmark for the age and
gender adjustment of the applicable dollar limit with respect to
the excise tax on high cost employer-sponsored health coverage
under section 4980I of the Internal Revenue Code of 1986; and
(2) recommendations regarding any more suitable benchmarks for
such age and gender adjustment.
TITLE II--ANNUAL FEE ON HEALTH INSURANCE PROVIDERS
SEC. 201. MORATORIUM ON ANNUAL FEE ON HEALTH INSURANCE PROVIDERS.
Subsection (j) of section 9010 of the Patient Protection and
Affordable Care Act is amended to read as follows:
``(j) Effective Date.--This section shall apply to calendar years--
``(1) beginning after December 31, 2013, and ending before
January 1, 2017, and
``(2) beginning after December 31, 2017.''.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. EXTENSION AND PHASEOUT OF CREDITS FOR WIND FACILITIES.
(a) In General.--
(1) Extension.--Paragraph (1) of section 45(d) of the Internal
Revenue Code of 1986 is amended by striking ``January 1, 2015'' and
inserting ``January 1, 2020''.
(2) Phaseout.--Subsection (b) of section 45 of such Code is
amended by adding at the end the following new paragraph:
``(5) Phaseout of credit for wind facilities.--In the case of
any facility using wind to produce electricity, the amount of the
credit determined under subsection (a) (determined after the
application of paragraphs (1), (2), and (3) and without regard to
this paragraph) shall be reduced by--
``(A) in the case of any facility the construction of which
begins after December 31, 2016, and before January 1, 2018, 20
percent,
``(B) in the case of any facility the construction of which
begins after December 31, 2017, and before January 1, 2019, 40
percent, and
``(C) in the case of any facility the construction of which
begins after December 31, 2018, and before January 1, 2020, 60
percent.''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2015.
SEC. 302. EXTENSION OF ELECTION TO TREAT QUALIFIED FACILITIES AS
ENERGY PROPERTY.
(a) In General.--Clause (ii) of section 48(a)(5)(C) is amended by
inserting ``(January 1, 2020, in the case of any facility which is
described in paragraph (1) of section 45(d))'' before ``, and''.
(b) Phaseout for Wind Facilities.--Paragraph (5) of section 48(a)
is amended by adding at the end the following new subparagraph:
``(E) Phaseout of credit for wind facilities.--In the case
of any facility using wind to produce electricity, the amount
of the credit determined under this section (determined after
the application of paragraphs (1) and (2) and without regard to
this subparagraph) shall be reduced by--
``(i) in the case of any facility the construction of
which begins after December 31, 2016, and before January 1,
2018, 20 percent,
``(ii) in the case of any facility the construction of
which begins after December 31, 2017, and before January 1,
2019, 40 percent, and
``(iii) in the case of any facility the construction of
which begins after December 31, 2018, and before January 1,
2020, 60 percent.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2015.
SEC. 303. EXTENSION AND PHASEOUT OF SOLAR ENERGY CREDIT.
(a) Extension.--Subclause (II) of section 48(a)(2)(A)(i) of the
Internal Revenue Code of 1986 is amended by striking ``periods ending
before January 1, 2017'' and inserting ``property the construction of
which begins before January 1, 2022''.
(b) Phaseout for Solar Energy Property.--Subsection (a) of section
48 of such Code is amended by adding at the end the following new
paragraph:
``(6) Phaseout for solar energy property.--
``(A) In general.--Subject to subparagraph (B), in the case
of any energy property described in paragraph (3)(A)(i) the
construction of which begins before January 1, 2022, the energy
percentage determined under paragraph (2) shall be equal to--
``(i) in the case of any property the construction of
which begins after December 31, 2019, and before January 1,
2021, 26 percent, and
``(ii) in the case of any property the construction of
which begins after December 31, 2020, and before January 1,
2022, 22 percent.
``(B) Placed in service deadline.--In the case of any
property energy property described in paragraph (3)(A)(i) the
construction of which begins before January 1, 2022, and which
is not placed in service before January 1, 2024, the energy
percentage determined under paragraph (2) shall be equal to 10
percent.''.
(c) Conforming Amendment.--Subparagraph (A) of section 48(a)(2) of
such Code is amended by striking ``The energy percentage'' and
inserting ``Except as provided in paragraph (6), the energy
percentage''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 304. EXTENSION AND PHASEOUT OF CREDITS WITH RESPECT TO
QUALIFIED SOLAR ELECTRIC PROPERTY AND QUALIFIED SOLAR WATER
HEATING PROPERTY.
(a) In General.--Section 25D of the Internal Revenue Code of 1986
is amended--
(1) in paragraphs (1) and (2) of subsection (a), by striking
``30 percent'' each place it appears and inserting ``the applicable
percentage'',
(2) in subsection (g), by inserting ``(December 31, 2021, in
the case of any qualified solar electric property expenditures and
qualified solar water heating property expenditures)'' before the
period at the end,
(3) by redesignating subsection (g), as amended by paragraph
(2), as subsection (h), and
(4) by inserting after subsection (f) the following new
subsection:
``(g) Applicable Percentage.--For purposes of paragraphs (1) and
(2) of subsection (a), the applicable percentage shall be--
``(1) in the case of property placed in service after December
31, 2016, and before January 1, 2020, 30 percent,
``(2) in the case of property placed in service after December
31, 2019, and before January 1, 2021, 26 percent, and
``(3) in the case of property placed in service after December
31, 2020, and before January 1, 2022, 22 percent.''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2017.
SEC. 305. TREATMENT OF TRANSPORTATION COSTS OF INDEPENDENT
REFINERS.
(a) In General.--Paragraph (3) of section 199(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(C) Transportation costs of independent refiners.--
``(i) In general.--In the case of any taxpayer who is
in the trade or business of refining crude oil and who is
not a major integrated oil company (as defined in section
167(h)(5)(B), determined without regard to clause (iii)
thereof) for the taxable year, in computing oil related
qualified production activities income under subsection
(d)(9)(B), the amount allocated to domestic production
gross receipts under paragraph (1)(B) for costs related to
the transportation of oil shall be 25 percent of the amount
properly allocable under such paragraph (determined without
regard to this subparagraph).
``(ii) Termination.--Clause (i) shall not apply to any
taxable year beginning after December 31, 2021.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2015.
DIVISION Q--PROTECTING AMERICANS FROM TAX HIKES ACT OF 2015
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This division may be cited as the ``Protecting
Americans from Tax Hikes Act of 2015''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this division an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this division is
as follows:
DIVISION Q--PROTECTING AMERICANS FROM TAX HIKES ACT OF 2015
Sec. 1. Short title, etc.
TITLE I--EXTENDERS
Subtitle A--Permanent Extensions
Part 1--Tax Relief for Families and Individuals
Sec. 101. Enhanced child tax credit made permanent.
Sec. 102. Enhanced American opportunity tax credit made permanent.
Sec. 103. Enhanced earned income tax credit made permanent.
Sec. 104. Extension and modification of deduction for certain expenses
of elementary and secondary school teachers.
Sec. 105. Extension of parity for exclusion from income for employer-
provided mass transit and parking benefits.
Sec. 106. Extension of deduction of State and local general sales taxes.
Part 2--Incentives for Charitable Giving
Sec. 111. Extension and modification of special rule for contributions
of capital gain real property made for conservation purposes.
Sec. 112. Extension of tax-free distributions from individual retirement
plans for charitable purposes.
Sec. 113. Extension and modification of charitable deduction for
contributions of food inventory.
Sec. 114. Extension of modification of tax treatment of certain payments
to controlling exempt organizations.
Sec. 115. Extension of basis adjustment to stock of S corporations
making charitable contributions of property.
Part 3--Incentives for Growth, Jobs, Investment, and Innovation
Sec. 121. Extension and modification of research credit.
Sec. 122. Extension and modification of employer wage credit for
employees who are active duty members of the uniformed
services.
Sec. 123. Extension of 15-year straight-line cost recovery for qualified
leasehold improvements, qualified restaurant buildings and
improvements, and qualified retail improvements.
Sec. 124. Extension and modification of increased expensing limitations
and treatment of certain real property as section 179
property.
Sec. 125. Extension of treatment of certain dividends of regulated
investment companies.
Sec. 126. Extension of exclusion of 100 percent of gain on certain small
business stock.
Sec. 127. Extension of reduction in S-corporation recognition period for
built-in gains tax.
Sec. 128. Extension of subpart F exception for active financing income.
Part 4--Incentives for Real Estate Investment
Sec. 131. Extension of minimum low-income housing tax credit rate for
non-Federally subsidized buildings.
Sec. 132. Extension of military housing allowance exclusion for
determining whether a tenant in certain counties is low-
income.
Sec. 133. Extension of RIC qualified investment entity treatment under
FIRPTA.
Subtitle B--Extensions Through 2019
Sec. 141. Extension of new markets tax credit.
Sec. 142. Extension and modification of work opportunity tax credit.
Sec. 143. Extension and modification of bonus depreciation.
Sec. 144. Extension of look-thru treatment of payments between related
controlled foreign corporations under foreign personal holding
company rules.
Subtitle C--Extensions Through 2016
Part 1--Tax Relief for Families and Individuals
Sec. 151. Extension and modification of exclusion from gross income of
discharge of qualified principal residence indebtedness.
Sec. 152. Extension of mortgage insurance premiums treated as qualified
residence interest.
Sec. 153. Extension of above-the-line deduction for qualified tuition
and related expenses.
Part 2--Incentives for Growth, Jobs, Investment, and Innovation
Sec. 161. Extension of Indian employment tax credit.
Sec. 162. Extension and modification of railroad track maintenance
credit.
Sec. 163. Extension of mine rescue team training credit.
Sec. 164. Extension of qualified zone academy bonds.
Sec. 165. Extension of classification of certain race horses as 3-year
property.
Sec. 166. Extension of 7-year recovery period for motorsports
entertainment complexes.
Sec. 167. Extension and modification of accelerated depreciation for
business property on an Indian reservation.
Sec. 168. Extension of election to expense mine safety equipment.
Sec. 169. Extension of special expensing rules for certain film and
television productions; special expensing for live theatrical
productions.
Sec. 170. Extension of deduction allowable with respect to income
attributable to domestic production activities in Puerto Rico.
Sec. 171. Extension and modification of empowerment zone tax incentives.
Sec. 172. Extension of temporary increase in limit on cover over of rum
excise taxes to Puerto Rico and the Virgin Islands.
Sec. 173. Extension of American Samoa economic development credit.
Sec. 174. Moratorium on medical device excise tax.
Part 3--Incentives for Energy Production and Conservation
Sec. 181. Extension and modification of credit for nonbusiness energy
property.
Sec. 182. Extension of credit for alternative fuel vehicle refueling
property.
Sec. 183. Extension of credit for 2-wheeled plug-in electric vehicles.
Sec. 184. Extension of second generation biofuel producer credit.
Sec. 185. Extension of biodiesel and renewable diesel incentives.
Sec. 186. Extension and modification of production credit for Indian
coal facilities.
Sec. 187. Extension of credits with respect to facilities producing
energy from certain renewable resources.
Sec. 188. Extension of credit for energy-efficient new homes.
Sec. 189. Extension of special allowance for second generation biofuel
plant property.
Sec. 190. Extension of energy efficient commercial buildings deduction.
Sec. 191. Extension of special rule for sales or dispositions to
implement FERC or State electric restructuring policy for
qualified electric utilities.
Sec. 192. Extension of excise tax credits relating to alternative fuels.
Sec. 193. Extension of credit for new qualified fuel cell motor
vehicles.
TITLE II--PROGRAM INTEGRITY
Sec. 201. Modification of filing dates of returns and statements
relating to employee wage information and nonemployee
compensation to improve compliance.
Sec. 202. Safe harbor for de minimis errors on information returns and
payee statements.
Sec. 203. Requirements for the issuance of ITINs.
Sec. 204. Prevention of retroactive claims of earned income credit after
issuance of social security number.
Sec. 205. Prevention of retroactive claims of child tax credit.
Sec. 206. Prevention of retroactive claims of American opportunity tax
credit.
Sec. 207. Procedures to reduce improper claims.
Sec. 208. Restrictions on taxpayers who improperly claimed credits in
prior year.
Sec. 209. Treatment of credits for purposes of certain penalties.
Sec. 210. Increase the penalty applicable to paid tax preparers who
engage in willful or reckless conduct.
Sec. 211. Employer identification number required for American
opportunity tax credit.
Sec. 212. Higher education information reporting only to include
qualified tuition and related expenses actually paid.
TITLE III--MISCELLANEOUS PROVISIONS
Subtitle A--Family Tax Relief
Sec. 301. Exclusion for amounts received under the Work Colleges
Program.
Sec. 302. Improvements to section 529 accounts.
Sec. 303. Elimination of residency requirement for qualified ABLE
programs.
Sec. 304. Exclusion for wrongfully incarcerated individuals.
Sec. 305. Clarification of special rule for certain governmental plans.
Sec. 306. Rollovers permitted from other retirement plans into simple
retirement accounts.
Sec. 307. Technical amendment relating to rollover of certain airline
payment amounts.
Sec. 308. Treatment of early retirement distributions for nuclear
materials couriers, United States Capitol Police, Supreme
Court Police, and diplomatic security special agents.
Sec. 309. Prevention of extension of tax collection period for members
of the Armed Forces who are hospitalized as a result of combat
zone injuries.
Subtitle B--Real Estate Investment Trusts
Sec. 311. Restriction on tax-free spinoffs involving REITs.
Sec. 312. Reduction in percentage limitation on assets of REIT which may
be taxable REIT subsidiaries.
Sec. 313. Prohibited transaction safe harbors.
Sec. 314. Repeal of preferential dividend rule for publicly offered
REITs.
Sec. 315. Authority for alternative remedies to address certain REIT
distribution failures.
Sec. 316. Limitations on designation of dividends by REITs.
Sec. 317. Debt instruments of publicly offered REITs and mortgages
treated as real estate assets.
Sec. 318. Asset and income test clarification regarding ancillary
personal property.
Sec. 319. Hedging provisions.
Sec. 320. Modification of REIT earnings and profits calculation to avoid
duplicate taxation.
Sec. 321. Treatment of certain services provided by taxable REIT
subsidiaries.
Sec. 322. Exception from FIRPTA for certain stock of REITs.
Sec. 323. Exception for interests held by foreign retirement or pension
funds.
Sec. 324. Increase in rate of withholding of tax on dispositions of
United States real property interests.
Sec. 325. Interests in RICs and REITs not excluded from definition of
United States real property interests.
Sec. 326. Dividends derived from RICs and REITs ineligible for deduction
for United States source portion of dividends from certain
foreign corporations.
Subtitle C--Additional Provisions
Sec. 331. Deductibility of charitable contributions to agricultural
research organizations.
Sec. 332. Removal of bond requirements and extending filing periods for
certain taxpayers with limited excise tax liability.
Sec. 333. Modifications to alternative tax for certain small insurance
companies.
Sec. 334. Treatment of timber gains.
Sec. 335. Modification of definition of hard cider.
Sec. 336. Church plan clarification.
Subtitle D--Revenue Provisions
Sec. 341. Updated ASHRAE standards for energy efficient commercial
buildings deduction.
Sec. 342. Excise tax credit equivalency for liquified petroleum gas and
liquified natural gas.
Sec. 343. Exclusion from gross income of certain clean coal power grants
to non-corporate taxpayers.
Sec. 344. Clarification of valuation rule for early termination of
certain charitable remainder unitrusts.
Sec. 345. Prevention of transfer of certain losses from tax indifferent
parties.
Sec. 346. Treatment of certain persons as employers with respect to
motion picture projects.
TITLE IV--TAX ADMINISTRATION
Subtitle A--Internal Revenue Service Reforms
Sec. 401. Duty to ensure that Internal Revenue Service employees are
familiar with and act in accord with certain taxpayer rights.
Sec. 402. IRS employees prohibited from using personal email accounts
for official business.
Sec. 403. Release of information regarding the status of certain
investigations.
Sec. 404. Administrative appeal relating to adverse determinations of
tax-exempt status of certain organizations.
Sec. 405. Organizations required to notify Secretary of intent to
operate under 501(c)(4).
Sec. 406. Declaratory judgments for 501(c)(4) and other exempt
organizations.
Sec. 407. Termination of employment of Internal Revenue Service
employees for taking official actions for political purposes.
Sec. 408. Gift tax not to apply to contributions to certain exempt
organizations.
Sec. 409. Extend Internal Revenue Service authority to require truncated
Social Security numbers on Form W-2.
Sec. 410. Clarification of enrolled agent credentials.
Sec. 411. Partnership audit rules.
Subtitle B--United States Tax Court
Part 1--Taxpayer Access to United States Tax Court
Sec. 421. Filing period for interest abatement cases.
Sec. 422. Small tax case election for interest abatement cases.
Sec. 423. Venue for appeal of spousal relief and collection cases.
Sec. 424. Suspension of running of period for filing petition of spousal
relief and collection cases.
Sec. 425. Application of Federal rules of evidence.
Part 2--United States Tax Court Administration
Sec. 431. Judicial conduct and disability procedures.
Sec. 432. Administration, judicial conference, and fees.
Part 3--Clarification Relating to United States Tax Court
Sec. 441. Clarification relating to United States Tax Court.
TITLE V--TRADE-RELATED PROVISIONS
Sec. 501. Modification of effective date of provisions relating to
tariff classification of recreational performance outerwear.
Sec. 502. Agreement by Asia-Pacific Economic Cooperation members to
reduce rates of duty on certain environmental goods.
TITLE VI--BUDGETARY EFFECTS
Sec. 601. Budgetary effects.
TITLE I--EXTENDERS
Subtitle A--Permanent Extensions
PART 1--TAX RELIEF FOR FAMILIES AND INDIVIDUALS
SEC. 101. ENHANCED CHILD TAX CREDIT MADE PERMANENT.
(a) In General.--Section 24(d)(1)(B)(i) is amended by striking
``$10,000'' and inserting ``$3,000''.
(b) Conforming Amendment.--Section 24(d) is amended by striking
paragraphs (3) and (4).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 102. ENHANCED AMERICAN OPPORTUNITY TAX CREDIT MADE PERMANENT.
(a) In General.--Section 25A(i) is amended by striking ``and before
2018''.
(b) Treatment of Possessions.--Section 1004(c)(1) of division B of
the American Recovery and Reinvestment Tax Act of 2009 by striking
``and before 2018'' each place it appears.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 103. ENHANCED EARNED INCOME TAX CREDIT MADE PERMANENT.
(a) Increase in Credit Percentage for 3 or More Qualifying Children
Made Permanent.--Section 32(b)(1) is amended to read as follows:
``(1) Percentages.--The credit percentage and the phaseout
percentage shall be determined as follows:
------------------------------------------------------------------------
``In the case of an eligible The credit The phaseout
individual with: percentage is: percentage is:
------------------------------------------------------------------------
1 qualifying child................... 34 15.98
2 qualifying children................ 40 21.06
3 or more qualifying children........ 45 21.06
No qualifying children............... 7.65 7.65''.
------------------------------------------------------------------------
''. (b) Reduction of Marriage Penalty Made Permanent.--
(1) In general.--Section 32(b)(2)(B) is amended to read as
follows:
``(B) Joint returns.--
``(i) In general.--In the case of a joint return filed
by an eligible individual and such individual's spouse, the
phaseout amount determined under subparagraph (A) shall be
increased by $5,000.
``(ii) Inflation adjustment.--In the case of any
taxable year beginning after 2015, the $5,000 amount in
clause (i) shall be increased by an amount equal to--
``(I) such dollar amount, multiplied by
``(II) the cost of living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins determined by substituting
`calendar year 2008' for `calendar year 1992' in
subparagraph (B) thereof.
``(iii) Rounding.--Subparagraph (A) of subsection
(j)(2) shall apply after taking into account any increase
under clause (ii).''.
(c) Conforming Amendment.--Section 32(b) is amended by striking
paragraph (3).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 104. EXTENSION AND MODIFICATION OF DEDUCTION FOR CERTAIN
EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS.
(a) Deduction Made Permanent.--Section 62(a)(2)(D) is amended by
striking ``In the case of taxable years beginning during 2002, 2003,
2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, or 2014,
the deductions'' and inserting ``The deductions''.
(b) Inflation Adjustment.--Section 62(d) is amended by adding at
the end the following new paragraph:
``(3) Inflation adjustment.--In the case of any taxable year
beginning after 2015, the $250 amount in subsection (a)(2)(D) shall
be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2014' for
`calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $50.''.
(c) Professional Development Expenses.--Section 62(a)(2)(D) is
amended--
(1) by striking ``educator in connection'' and all that follows
and inserting ``educator--'', and
(2) by inserting at the end the following:
``(i) by reason of the participation of the educator in
professional development courses related to the curriculum
in which the educator provides instruction or to the
students for which the educator provides instruction, and
``(ii) in connection with books, supplies (other than
nonathletic supplies for courses of instruction in health
or physical education), computer equipment (including
related software and services) and other equipment, and
supplementary materials used by the eligible educator in
the classroom.''.
(d) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2014.
(2) Modifications.--The amendments made by subsections (b) and
(c) shall apply to taxable years beginning after December 31, 2015.
SEC. 105. EXTENSION OF PARITY FOR EXCLUSION FROM INCOME FOR
EMPLOYER-PROVIDED MASS TRANSIT AND PARKING BENEFITS.
(a) Mass Transit and Parking Parity.--Section 132(f)(2) is
amended--
(1) by striking ``$100'' in subparagraph (A) and inserting
``$175'', and
(2) by striking the last sentence.
(b) Effective Date.--The amendments made by this section shall
apply to months after December 31, 2014.
SEC. 106. EXTENSION OF DEDUCTION OF STATE AND LOCAL GENERAL SALES
TAXES.
(a) In General.--Section 164(b)(5) is amended by striking
subparagraph (I).
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2014.
PART 2--INCENTIVES FOR CHARITABLE GIVING
SEC. 111. EXTENSION AND MODIFICATION OF SPECIAL RULE FOR
CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE FOR CONSERVATION
PURPOSES.
(a) Made Permanent.--
(1) Individuals.--Section 170(b)(1)(E) is amended by striking
clause (vi).
(2) Corporations.--Section 170(b)(2)(B) is amended by striking
clause (iii).
(b) Contributions of Capital Gain Real Property Made for
Conservation Purposes by Native Corporations.--
(1) In general.--Section 170(b)(2) is amended by redesignating
subparagraph (C) as subparagraph (D), and by inserting after
subparagraph (B) the following new subparagraph:
``(C) Qualified conservation contributions by certain
native corporations.--
``(i) In general.--Any qualified conservation
contribution (as defined in subsection (h)(1)) which--
``(I) is made by a Native Corporation, and
``(II) is a contribution of property which was land
conveyed under the Alaska Native Claims Settlement Act,
shall be allowed to the extent that the aggregate amount of
such contributions does not exceed the excess of the
taxpayer's taxable income over the amount of charitable
contributions allowable under subparagraph (A).
``(ii) Carryover.--If the aggregate amount of
contributions described in clause (i) exceeds the
limitation of clause (i), such excess shall be treated (in
a manner consistent with the rules of subsection (d)(2)) as
a charitable contribution to which clause (i) applies in
each of the 15 succeeding taxable years in order of time.
``(iii) Native corporation.--For purposes of this
subparagraph, the term `Native Corporation' has the meaning
given such term by section 3(m) of the Alaska Native Claims
Settlement Act.''.
(2) Conforming amendments.--
(A) Section 170(b)(2)(A) is amended by striking
``subparagraph (B) applies'' and inserting ``subparagraph (B)
or (C) applies''.
(B) Section 170(b)(2)(B)(ii) is amended by striking ``15
succeeding years'' and inserting ``15 succeeding taxable
years''.
(3) Valid existing rights preserved.--Nothing in this
subsection (or any amendment made by this subsection) shall be
construed to modify the existing property rights validly conveyed
to Native Corporations (within the meaning of section 3(m) of the
Alaska Native Claims Settlement Act) under such Act.
(c) Effective Dates.--
(1) Extension.--The amendments made by subsection (a) shall
apply to contributions made in taxable years beginning after
December 31, 2014.
(2) Modification.--The amendments made by subsection (b) shall
apply to contributions made in taxable years beginning after
December 31, 2015.
SEC. 112. EXTENSION OF TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL
RETIREMENT PLANS FOR CHARITABLE PURPOSES.
(a) In General.--Section 408(d)(8) is amended by striking
subparagraph (F).
(b) Effective Date.--The amendment made by this section shall apply
to distributions made in taxable years beginning after December 31,
2014.
SEC. 113. EXTENSION AND MODIFICATION OF CHARITABLE DEDUCTION FOR
CONTRIBUTIONS OF FOOD INVENTORY.
(a) Permanent Extension.--Section 170(e)(3)(C) is amended by
striking clause (iv).
(b) Modifications.--Section 170(e)(3)(C), as amended by subsection
(a), is amended by striking clause (ii), by redesignating clause (iii)
as clause (vi), and by inserting after clause (i) the following new
clauses:
``(ii) Limitation.--The aggregate amount of such
contributions for any taxable year which may be taken into
account under this section shall not exceed--
``(I) in the case of any taxpayer other than a C
corporation, 15 percent of the taxpayer's aggregate net
income for such taxable year from all trades or
businesses from which such contributions were made for
such year, computed without regard to this section, and
``(II) in the case of a C corporation, 15 percent
of taxable income (as defined in subsection (b)(2)(D)).
``(iii) Rules related to limitation.--
``(I) Carryover.--If such aggregate amount exceeds
the limitation imposed under clause (ii), such excess
shall be treated (in a manner consistent with the rules
of subsection (d)) as a charitable contribution
described in clause (i) in each of the 5 succeeding
taxable years in order of time.
``(II) Coordination with overall corporate
limitation.--In the case of any charitable contribution
which is allowable after the application of clause
(ii)(II), subsection (b)(2)(A) shall not apply to such
contribution, but the limitation imposed by such
subsection shall be reduced (but not below zero) by the
aggregate amount of such contributions. For purposes of
subsection (b)(2)(B), such contributions shall be
treated as allowable under subsection (b)(2)(A).
``(iv) Determination of basis for certain taxpayers.--
If a taxpayer--
``(I) does not account for inventories under
section 471, and
``(II) is not required to capitalize indirect costs
under section 263A,
the taxpayer may elect, solely for purposes of subparagraph
(B), to treat the basis of any apparently wholesome food as
being equal to 25 percent of the fair market value of such
food.
``(v) Determination of fair market value.--In the case
of any such contribution of apparently wholesome food which
cannot or will not be sold solely by reason of internal
standards of the taxpayer, lack of market, or similar
circumstances, or by reason of being produced by the
taxpayer exclusively for the purposes of transferring the
food to an organization described in subparagraph (A), the
fair market value of such contribution shall be
determined--
``(I) without regard to such internal standards,
such lack of market, such circumstances, or such
exclusive purpose, and
``(II) by taking into account the price at which
the same or substantially the same food items (as to
both type and quality) are sold by the taxpayer at the
time of the contribution (or, if not so sold at such
time, in the recent past).''
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to contributions made after December 31, 2014.
(2) Modifications.--The amendments made by subsection (b) shall
apply to taxable years beginning after December 31, 2015.
SEC. 114. EXTENSION OF MODIFICATION OF TAX TREATMENT OF CERTAIN
PAYMENTS TO CONTROLLING EXEMPT ORGANIZATIONS.
(a) In General.--Section 512(b)(13)(E) is amended by striking
clause (iv).
(b) Effective Date.--The amendment made by this section shall apply
to payments received or accrued after December 31, 2014.
SEC. 115. EXTENSION OF BASIS ADJUSTMENT TO STOCK OF S CORPORATIONS
MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY.
(a) In General.--Section 1367(a)(2) is amended by striking the last
sentence.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made in taxable years beginning after December 31,
2014.
PART 3--INCENTIVES FOR GROWTH, JOBS, INVESTMENT, AND INNOVATION
SEC. 121. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.
(a) Made Permanent.--
(1) In general.--Section 41 is amended by striking subsection
(h).
(2) Conforming amendment.--Section 45C(b)(1) is amended by
striking subparagraph (D).
(b) Credit Allowed Against Alternative Minimum Tax in Case of
Eligible Small Business.--Section 38(c)(4)(B) is amended by
redesignating clauses (ii) through (ix) as clauses (iii) through (x),
respectively, and by inserting after clause (i) the following new
clause:
``(ii) the credit determined under section 41 for the
taxable year with respect to an eligible small business (as
defined in paragraph (5)(C), after application of rules
similar to the rules of paragraph (5)(D)),''.
(c) Treatment of Research Credit for Certain Startup Companies.--
(1) In general.--Section 41, as amended by subsection (a), is
amended by adding at the end the following new subsection:
``(h) Treatment of Credit for Qualified Small Businesses.--
``(1) In general.--At the election of a qualified small
business for any taxable year, section 3111(f) shall apply to the
payroll tax credit portion of the credit otherwise determined under
subsection (a) for the taxable year and such portion shall not be
treated (other than for purposes of section 280C) as a credit
determined under subsection (a).
``(2) Payroll tax credit portion.--For purposes of this
subsection, the payroll tax credit portion of the credit determined
under subsection (a) with respect to any qualified small business
for any taxable year is the least of--
``(A) the amount specified in the election made under this
subsection,
``(B) the credit determined under subsection (a) for the
taxable year (determined before the application of this
subsection), or
``(C) in the case of a qualified small business other than
a partnership or S corporation, the amount of the business
credit carryforward under section 39 carried from the taxable
year (determined before the application of this subsection to
the taxable year).
``(3) Qualified small business.--For purposes of this
subsection--
``(A) In general.--The term `qualified small business'
means, with respect to any taxable year--
``(i) a corporation or partnership, if--
``(I) the gross receipts (as determined under the
rules of section 448(c)(3), without regard to
subparagraph (A) thereof) of such entity for the
taxable year is less than $5,000,000, and
``(II) such entity did not have gross receipts (as
so determined) for any taxable year preceding the 5-
taxable-year period ending with such taxable year, and
``(ii) any person (other than a corporation or
partnership) who meets the requirements of subclauses (I)
and (II) of clause (i), determined--
``(I) by substituting `person' for `entity' each
place it appears, and
``(II) by only taking into account the aggregate
gross receipts received by such person in carrying on
all trades or businesses of such person.
``(B) Limitation.--Such term shall not include an
organization which is exempt from taxation under section 501.
``(4) Election.--
``(A) In general.--Any election under this subsection for
any taxable year--
``(i) shall specify the amount of the credit to which
such election applies,
``(ii) shall be made on or before the due date
(including extensions) of--
``(I) in the case of a qualified small business
which is a partnership, the return required to be filed
under section 6031,
``(II) in the case of a qualified small business
which is an S corporation, the return required to be
filed under section 6037, and
``(III) in the case of any other qualified small
business, the return of tax for the taxable year, and
``(iii) may be revoked only with the consent of the
Secretary.
``(B) Limitations.--
``(i) Amount.--The amount specified in any election
made under this subsection shall not exceed $250,000.
``(ii) Number of taxable years.--A person may not make
an election under this subsection if such person (or any
other person treated as a single taxpayer with such person
under paragraph (5)(A)) has made an election under this
subsection for 5 or more preceding taxable years.
``(C) Special rule for partnerships and s corporations.--In
the case of a qualified small business which is a partnership
or S corporation, the election made under this subsection shall
be made at the entity level.
``(5) Aggregation rules.--
``(A) In general.--Except as provided in subparagraph (B),
all persons or entities treated as a single taxpayer under
subsection (f)(1) shall be treated as a single taxpayer for
purposes of this subsection.
``(B) Special rules.--For purposes of this subsection and
section 3111(f)--
``(i) each of the persons treated as a single taxpayer
under subparagraph (A) may separately make the election
under paragraph (1) for any taxable year, and
``(ii) the $250,000 amount under paragraph (4)(B)(i)
shall be allocated among all persons treated as a single
taxpayer under subparagraph (A) in the same manner as under
subparagraph (A)(ii) or (B)(ii) of subsection (f)(1),
whichever is applicable.
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of this
subsection, including--
``(A) regulations to prevent the avoidance of the purposes
of the limitations and aggregation rules under this subsection
through the use of successor companies or other means,
``(B) regulations to minimize compliance and record-keeping
burdens under this subsection, and
``(C) regulations for recapturing the benefit of credits
determined under section 3111(f) in cases where there is a
subsequent adjustment to the payroll tax credit portion of the
credit determined under subsection (a), including requiring
amended income tax returns in the cases where there is such an
adjustment.''.
(2) Credit allowed against fica taxes.--Section 3111 is amended
by adding at the end the following new subsection:
``(f) Credit for Research Expenditures of Qualified Small
Businesses.--
``(1) In general.--In the case of a taxpayer who has made an
election under section 41(h) for a taxable year, there shall be
allowed as a credit against the tax imposed by subsection (a) for
the first calendar quarter which begins after the date on which the
taxpayer files the return specified in section 41(h)(4)(A)(ii) an
amount equal to the payroll tax credit portion determined under
section 41(h)(2).
``(2) Limitation.--The credit allowed by paragraph (1) shall
not exceed the tax imposed by subsection (a) for any calendar
quarter on the wages paid with respect to the employment of all
individuals in the employ of the employer.
``(3) Carryover of unused credit.--If the amount of the credit
under paragraph (1) exceeds the limitation of paragraph (2) for any
calendar quarter, such excess shall be carried to the succeeding
calendar quarter and allowed as a credit under paragraph (1) for
such quarter.
``(4) Deduction allowed for credited amounts.--The credit
allowed under paragraph (1) shall not be taken into account for
purposes of determining the amount of any deduction allowed under
chapter 1 for taxes imposed under subsection (a).''.
(d) Effective Dates.--
(1) Extension.--The amendments made by subsection (a) shall
apply to shall apply to amounts paid or incurred after December 31,
2014.
(2) Credit allowed against alternative minimum tax in case of
eligible small business.--The amendments made by subsection (b)
shall apply to credits determined for taxable years beginning after
December 31, 2015.
(3) Treatment of research credit for certain startup
companies.--The amendments made by subsection (c) shall apply to
taxable years beginning after December 31, 2015.
SEC. 122. EXTENSION AND MODIFICATION OF EMPLOYER WAGE CREDIT FOR
EMPLOYEES WHO ARE ACTIVE DUTY MEMBERS OF THE UNIFORMED SERVICES.
(a) In General.--Section 45P is amended by striking subsection (f).
(b) Applicability to All Employers.--
(1) In general.--Section 45P(a) is amended by striking ``, in
the case of an eligible small business employer''.
(2) Conforming amendment.--Section 45P(b)(3) is amended to read
as follows:
``(3) Controlled groups.--All persons treated as a single
employer under subsection (b), (c), (m), or (o) of section 414
shall be treated as a single employer.''.
(c) Effective Date.--
(1) Extension.--The amendment made by subsection (a) shall
apply to payments made after December 31, 2014.
(2) Modification.--The amendments made by subsection (b) shall
apply to taxable years beginning after December 31, 2015.
SEC. 123. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY FOR
QUALIFIED LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT BUILDINGS
AND IMPROVEMENTS, AND QUALIFIED RETAIL IMPROVEMENTS.
(a) Qualified Leasehold Improvement Property and Qualified
Restaurant Property.--Clauses (iv) and (v) of section 168(e)(3)(E) are
each amended by striking ``placed in service before January 1, 2015''.
(b) Qualified Retail Improvement Property.--Section
168(e)(3)(E)(ix) is amended by striking ``placed in service after
December 31, 2008, and before January 1, 2015''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2014.
SEC. 124. EXTENSION AND MODIFICATION OF INCREASED EXPENSING
LIMITATIONS AND TREATMENT OF CERTAIN REAL PROPERTY AS SECTION 179
PROPERTY.
(a) Made Permanent.--
(1) Dollar limitation.--Section 179(b)(1) is amended by
striking ``shall not exceed--'' and all that follows and inserting
``shall not exceed $500,000.''.
(2) Reduction in limitation.--Section 179(b)(2) is amended by
striking ``exceeds--'' and all that follows and inserting ``exceeds
$2,000,000.''.
(b) Computer Software.--Section 179(d)(1)(A)(ii) is amended by
striking ``, to which section 167 applies, and which is placed in
service in a taxable year beginning after 2002 and before 2015'' and
inserting ``and to which section 167 applies''.
(c) Special Rules for Treatment of Qualified Real Property.--
(1) Extension for 2015.--Section 179(f) is amended--
(A) by striking ``2015'' in paragraph (1) and inserting
``2016'',
(B) by striking ``2014'' each place it appears in paragraph
(4) and inserting ``2015'', and
(C) by striking ``and 2013'' in the heading of paragraph
(4)(C) and inserting ``2013, and 2014''.
(2) Made permanent.--Section 179(f), as amended by paragraph
(1), is amended--
(A) by striking ``beginning after 2009 and before 2016'' in
paragraph (1), and
(B) by striking paragraphs (3) and (4).
(d) Election.--Section 179(c)(2) is amended--
(1) by striking ``may not be revoked'' and all that follows
through ``and before 2015'', and
(2) by striking ``irrevocable'' in the heading thereof.
(e) Air Conditioning and Heating Units.--Section 179(d)(1) is
amended by striking ``and shall not include air conditioning or heating
units''.
(f) Inflation Adjustment.--Section 179(b) is amended by adding at
the end the following new paragraph:
``(6) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 2015, the dollar amounts in paragraphs (1) and
(2) shall each be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year
2014' for `calendar year 1992' in subparagraph (B) thereof.
``(B) Rounding.--The amount of any increase under
subparagraph (A) shall be rounded to the nearest multiple of
$10,000.''.
(g) Effective Dates.--
(1) Extension.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2014.
(2) Modifications.--The amendments made by subsections (c)(2)
and (e) shall apply to taxable years beginning after December 31,
2015.
SEC. 125. EXTENSION OF TREATMENT OF CERTAIN DIVIDENDS OF REGULATED
INVESTMENT COMPANIES.
(a) In General.--Section 871(k) is amended by striking clause (v)
of paragraph (1)(C) and clause (v) of paragraph (2)(C).
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 126. EXTENSION OF EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN
SMALL BUSINESS STOCK.
(a) In General.--Section 1202(a)(4) is amended--
(1) by striking ``and before January 1, 2015'', and
(2) by striking ``, 2011, 2012, 2013, and 2014'' in the heading
thereof and inserting ``and thereafter''.
(b) Effective Date.--The amendments made by this section shall
apply to stock acquired after December 31, 2014.
SEC. 127. EXTENSION OF REDUCTION IN S-CORPORATION RECOGNITION
PERIOD FOR BUILT-IN GAINS TAX.
(a) In General.--Section 1374(d)(7) is amended to read as follows:
``(7) Recognition period.--
``(A) In general.--The term `recognition period' means the
5-year period beginning with the 1st day of the 1st taxable
year for which the corporation was an S corporation. For
purposes of applying this section to any amount includible in
income by reason of distributions to shareholders pursuant to
section 593(e), the preceding sentence shall be applied without
regard to the phrase `5-year'.
``(B) Installment sales.--If an S corporation sells an
asset and reports the income from the sale using the
installment method under section 453, the treatment of all
payments received shall be governed by the provisions of this
paragraph applicable to the taxable year in which such sale was
made.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 128. EXTENSION OF SUBPART F EXCEPTION FOR ACTIVE FINANCING
INCOME.
(a) Insurance Businesses.--Section 953(e) is amended by striking
paragraph (10) and by redesignating paragraph (11) as paragraph (10).
(b) Banking, Financing, or Similar Businesses.--Section 954(h) is
amended by striking paragraph (9).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years of foreign corporations beginning after December
31, 2014, and to taxable years of United States shareholders with or
within which any such taxable year of such foreign corporation ends.
PART 4--INCENTIVES FOR REAL ESTATE INVESTMENT
SEC. 131. EXTENSION OF MINIMUM LOW-INCOME HOUSING TAX CREDIT RATE
FOR NON-FEDERALLY SUBSIDIZED BUILDINGS.
(a) In General.--Section 42(b)(2) is amended by striking ``with
respect to housing credit dollar amount allocations made before January
1, 2015''.
(b) Clerical Amendment.--The heading for section 42(b)(2) is
amended by striking ``Temporary minimum'' and inserting ``Minimum''.
(c) Effective Dates.--The amendments made by this section shall
take effect on January 1, 2015.
SEC. 132. EXTENSION OF MILITARY HOUSING ALLOWANCE EXCLUSION FOR
DETERMINING WHETHER A TENANT IN CERTAIN COUNTIES IS LOW-INCOME.
(a) In General.--Section 3005(b) of the Housing Assistance Tax Act
of 2008 is amended by striking ``and before January 1, 2015'' each
place it appears.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 3005 of the Housing
Assistance Tax Act of 2008.
SEC. 133. EXTENSION OF RIC QUALIFIED INVESTMENT ENTITY TREATMENT
UNDER FIRPTA.
(a) In General.--Section 897(h)(4)(A) is amended--
(1) by striking clause (ii), and
(2) by striking all that precedes ``regulated investment
company which'' and inserting the following:
``(A) Qualified investment entity.--The term `qualified
investment entity' means--
``(i) any real estate investment trust, and
``(ii) any''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall take
effect on January 1, 2015. Notwithstanding the preceding sentence,
such amendments shall not apply with respect to the withholding
requirement under section 1445 of the Internal Revenue Code of 1986
for any payment made before the date of the enactment of this Act.
(2) Amounts withheld on or before date of enactment.--In the
case of a regulated investment company--
(A) which makes a distribution after December 31, 2014, and
before the date of the enactment of this Act, and
(B) which would (but for the second sentence of paragraph
(1)) have been required to withhold with respect to such
distribution under section 1445 of such Code,
such investment company shall not be liable to any person to whom
such distribution was made for any amount so withheld and paid over
to the Secretary of the Treasury.
Subtitle B--Extensions Through 2019
SEC. 141. EXTENSION OF NEW MARKETS TAX CREDIT.
(a) In General.--Section 45D(f)(1)(G) is amended by striking ``for
2010, 2011, 2012, 2013, and 2014'' and inserting ``for each of calendar
years 2010 through 2019''.
(b) Carryover of Unused Limitation.--Section 45D(f)(3) is amended
by striking ``2019'' and inserting ``2024''.
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2014.
SEC. 142. EXTENSION AND MODIFICATION OF WORK OPPORTUNITY TAX
CREDIT.
(a) In General.--Section 51(c)(4) is amended by striking ``December
31, 2014'' and inserting ``December 31, 2019''.
(b) Credit for Hiring Long-term Unemployment Recipients.--
(1) In general.--Section 51(d)(1) is amended by striking ``or''
at the end of subparagraph (H), by striking the period at the end
of subparagraph (I) and inserting ``, or'', and by adding at the
end the following new subparagraph:
``(J) a qualified long-term unemployment recipient.''.
(2) Qualified long-term unemployment recipient.--Section 51(d)
is amended by adding at the end the following new paragraph:
``(15) Qualified long-term unemployment recipient.--The term
`qualified long-term unemployment recipient' means any individual
who is certified by the designated local agency as being in a
period of unemployment which--
``(A) is not less than 27 consecutive weeks, and
``(B) includes a period in which the individual was
receiving unemployment compensation under State or Federal
law.''.
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to individuals who begin work for the employer after December
31, 2014.
(2) Modification.--The amendments made by subsection (b) shall
apply to individuals who begin work for the employer after December
31, 2015.
SEC. 143. EXTENSION AND MODIFICATION OF BONUS DEPRECIATION.
(a) Extended for 2015.--
(1) In general.--Section 168(k)(2) is amended--
(A) by striking ``January 1, 2016'' in subparagraph (A)(iv)
and inserting ``January 1, 2017'', and
(B) by striking ``January 1, 2015'' each place it appears
and inserting ``January 1, 2016''.
(2) Special rule for federal long-term contracts.--Section
460(c)(6)(B)(ii) is amended by striking ``January 1, 2015 (January
1, 2016'' and inserting ``January 1, 2016 (January 1, 2017''.
(3) Extension of election to accelerate amt credit in lieu of
bonus depreciation.--
(A) In general.--Section 168(k)(4)(D)(iii)(II) is amended
by striking ``January 1, 2015'' and inserting ``January 1,
2016''.
(B) Round 5 extension property.--Section 168(k)(4) is
amended by adding at the end the following new subparagraph:
``(L) Special rules for round 5 extension property.--
``(i) In general.--In the case of round 5 extension
property, in applying this paragraph to any taxpayer--
``(I) the limitation described in subparagraph
(B)(i) and the business credit increase amount under
subparagraph (E)(iii) thereof shall not apply, and
``(II) the bonus depreciation amount, maximum
amount, and maximum increase amount shall be computed
separately from amounts computed with respect to
eligible qualified property which is not round 5
extension property.
``(ii) Election.--
``(I) A taxpayer who has an election in effect
under this paragraph for round 4 extension property
shall be treated as having an election in effect for
round 5 extension property unless the taxpayer elects
to not have this paragraph apply to round 5 extension
property.
``(II) A taxpayer who does not have an election in
effect under this paragraph for round 4 extension
property may elect to have this paragraph apply to
round 5 extension property.
``(iii) Round 5 extension property.--For purposes of
this subparagraph, the term `round 5 extension property'
means property which is eligible qualified property solely
by reason of the extension of the application of the
special allowance under paragraph (1) pursuant to the
amendments made by section 143(a)(1) of the Protecting
Americans from Tax Hikes Act of 2015 (and the application
of such extension to this paragraph pursuant to the
amendment made by section 143(a)(3) of such Act).''.
(4) Conforming amendments.--
(A) The heading for section 168(k) is amended by striking
``January 1, 2015'' and inserting ``January 1, 2016''.
(B) The heading for section 168(k)(2)(B)(ii) is amended by
striking ``pre-january 1, 2015'' and inserting ``pre-january 1,
2016''.
(5) Effective date.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by this subsection shall apply to property
placed in service after December 31, 2014, in taxable years
ending after such date.
(B) Election to accelerate amt credit.--The amendments made
by paragraph (3) shall apply to taxable years ending after
December 31, 2014.
(b) Extended and Modified for 2016 Through 2019.--
(1) In general.--Section 168(k)(2), as amended by subsection
(a), is amended to read as follows:
``(2) Qualified property.--For purposes of this subsection--
``(A) In general.--The term `qualified property' means
property--
``(i)(I) to which this section applies which has a
recovery period of 20 years or less,
``(II) which is computer software (as defined in
section 167(f)(1)(B)) for which a deduction is allowable
under section 167(a) without regard to this subsection,
``(III) which is water utility property, or
``(IV) which is qualified improvement property,
``(ii) the original use of which commences with the
taxpayer, and
``(iii) which is placed in service by the taxpayer
before January 1, 2020.
``(B) Certain property having longer production periods
treated as qualified property.--
``(i) In general.--The term `qualified property'
includes any property if such property--
``(I) meets the requirements of clauses (i) and
(ii) of subparagraph (A),
``(II) is placed in service by the taxpayer before
January 1, 2021,
``(III) is acquired by the taxpayer (or acquired
pursuant to a written contract entered into) before
January 1, 2020,
``(IV) has a recovery period of at least 10 years
or is transportation property,
``(V) is subject to section 263A, and
``(VI) meets the requirements of clause (iii) of
section 263A(f)(1)(B) (determined as if such clause
also applies to property which has a long useful life
(within the meaning of section 263A(f))).
``(ii) Only pre-january 1, 2020 basis eligible for
additional allowance.--In the case of property which is
qualified property solely by reason of clause (i),
paragraph (1) shall apply only to the extent of the
adjusted basis thereof attributable to manufacture,
construction, or production before January 1, 2020.
``(iii) Transportation property.--For purposes of this
subparagraph, the term `transportation property' means
tangible personal property used in the trade or business of
transporting persons or property.
``(iv) Application of subparagraph.--This subparagraph
shall not apply to any property which is described in
subparagraph (C).
``(C) Certain aircraft.--The term `qualified property'
includes property--
``(i) which meets the requirements of subparagraph
(A)(ii) and subclauses (II) and (III) of subparagraph
(B)(i),
``(ii) which is an aircraft which is not a
transportation property (as defined in subparagraph
(B)(iii)) other than for agricultural or firefighting
purposes,
``(iii) which is purchased and on which such purchaser,
at the time of the contract for purchase, has made a
nonrefundable deposit of the lesser of--
``(I) 10 percent of the cost, or
``(II) $100,000, and
``(iv) which has--
``(I) an estimated production period exceeding 4
months, and
``(II) a cost exceeding $200,000.
``(D) Exception for alternative depreciation property.--The
term `qualified property' shall not include any property to
which the alternative depreciation system under subsection (g)
applies, determined--
``(i) without regard to paragraph (7) of subsection (g)
(relating to election to have system apply), and
``(ii) after application of section 280F(b) (relating
to listed property with limited business use).
``(E) Special rules.--
``(i) Self-constructed property.--In the case of a
taxpayer manufacturing, constructing, or producing property
for the taxpayer's own use, the requirements of subclause
(III) of subparagraph (B)(i) shall be treated as met if the
taxpayer begins manufacturing, constructing, or producing
the property before January 1, 2020.
``(ii) Sale-leasebacks.--For purposes of clause (iii)
and subparagraph (A)(ii), if property is--
``(I) originally placed in service by a person, and
``(II) sold and leased back by such person within 3
months after the date such property was originally
placed in service,
such property shall be treated as originally placed in
service not earlier than the date on which such property is
used under the leaseback referred to in subclause (II).
``(iii) Syndication.--For purposes of subparagraph
(A)(ii), if--
``(I) property is originally placed in service by
the lessor of such property,
``(II) such property is sold by such lessor or any
subsequent purchaser within 3 months after the date
such property was originally placed in service (or, in
the case of multiple units of property subject to the
same lease, within 3 months after the date the final
unit is placed in service, so long as the period
between the time the first unit is placed in service
and the time the last unit is placed in service does
not exceed 12 months), and
``(III) the user of such property after the last
sale during such 3-month period remains the same as
when such property was originally placed in service,
such property shall be treated as originally placed in
service not earlier than the date of such last sale.
``(F) Coordination with section 280f.--For purposes of
section 280F--
``(i) Automobiles.--In the case of a passenger
automobile (as defined in section 280F(d)(5)) which is
qualified property, the Secretary shall increase the
limitation under section 280F(a)(1)(A)(i) by $8,000.
``(ii) Listed property.--The deduction allowable under
paragraph (1) shall be taken into account in computing any
recapture amount under section 280F(b)(2).
``(iii) Phase down.--In the case of a passenger
automobile placed in service by the taxpayer after December
31, 2017, clause (i) shall be applied by substituting for
`$8,000'--
``(I) in the case of an automobile placed in
service during 2018, $6,400, and
``(II) in the case of an automobile placed in
service during 2019, $4,800.
``(G) Deduction allowed in computing minimum tax.--For
purposes of determining alternative minimum taxable income
under section 55, the deduction under section 167 for qualified
property shall be determined without regard to any adjustment
under section 56.''.
(2) Qualified improvement property.--Section 168(k)(3) is
amended to read as follows:
``(3) Qualified improvement property.--For purposes of this
subsection--
``(A) In general.--The term `qualified improvement
property' means any improvement to an interior portion of a
building which is nonresidential real property if such
improvement is placed in service after the date such building
was first placed in service.
``(B) Certain improvements not included.--Such term shall
not include any improvement for which the expenditure is
attributable to--
``(i) the enlargement of the building,
``(ii) any elevator or escalator, or
``(iii) the internal structural framework of the
building.''.
(3) Expansion of election to accelerate amt credits in lieu of
bonus depreciation.--Section 168(k)(4), as amended by subsection
(a), is amended to read as follows:
``(4) Election to accelerate amt credits in lieu of bonus
depreciation.--
``(A) In general.--If a corporation elects to have this
paragraph apply for any taxable year--
``(i) paragraphs (1) and (2)(F) shall not apply to any
qualified property placed in service during such taxable
year,
``(ii) the applicable depreciation method used under
this section with respect to such property shall be the
straight line method, and
``(iii) the limitation imposed by section 53(c) for
such taxable year shall be increased by the bonus
depreciation amount which is determined for such taxable
year under subparagraph (B).
``(B) Bonus depreciation amount.--For purposes of this
paragraph--
``(i) In general.--The bonus depreciation amount for
any taxable year is an amount equal to 20 percent of the
excess (if any) of--
``(I) the aggregate amount of depreciation which
would be allowed under this section for qualified
property placed in service by the taxpayer during such
taxable year if paragraph (1) applied to all such
property (and, in the case of any such property which
is a passenger automobile (as defined in section
280F(d)(5)), if paragraph (2)(F) applied to such
automobile), over
``(II) the aggregate amount of depreciation which
would be allowed under this section for qualified
property placed in service by the taxpayer during such
taxable year if paragraphs (1) and (2)(F) did not apply
to any such property.
The aggregate amounts determined under subclauses (I) and
(II) shall be determined without regard to any election
made under subparagraph (A) or subsection (b)(2)(D),
(b)(3)(D), or (g)(7).
``(ii) Limitation.--The bonus depreciation amount for
any taxable year shall not exceed the lesser of--
``(I) 50 percent of the minimum tax credit under
section 53(b) for the first taxable year ending after
December 31, 2015, or
``(II) the minimum tax credit under section 53(b)
for such taxable year determined by taking into account
only the adjusted net minimum tax for taxable years
ending before January 1, 2016 (determined by treating
credits as allowed on a first-in, first-out basis).
``(iii) Aggregation rule.--All corporations which are
treated as a single employer under section 52(a) shall be
treated--
``(I) as 1 taxpayer for purposes of this paragraph,
and
``(II) as having elected the application of this
paragraph if any such corporation so elects.
``(C) Credit refundable.--For purposes of section 6401(b),
the aggregate increase in the credits allowable under part IV
of subchapter A for any taxable year resulting from the
application of this paragraph shall be treated as allowed under
subpart C of such part (and not any other subpart).
``(D) Other rules.--
``(i) Election.--Any election under this paragraph may
be revoked only with the consent of the Secretary.
``(ii) Partnerships with electing partners.--In the
case of a corporation which is a partner in a partnership
and which makes an election under subparagraph (A) for the
taxable year, for purposes of determining such
corporation's distributive share of partnership items under
section 702 for such taxable year--
``(I) paragraphs (1) and (2)(F) shall not apply to
any qualified property placed in service during such
taxable year, and
``(II) the applicable depreciation method used
under this section with respect to such property shall
be the straight line method.
``(iii) Certain partnerships.--In the case of a
partnership in which more than 50 percent of the capital
and profits interests are owned (directly or indirectly) at
all times during the taxable year by 1 corporation (or by
corporations treated as 1 taxpayer under subparagraph
(B)(iii)), each partner shall compute its bonus
depreciation amount under clause (i) of subparagraph (B) by
taking into account its distributive share of the amounts
determined by the partnership under subclauses (I) and (II)
of such clause for the taxable year of the partnership
ending with or within the taxable year of the partner.''.
(4) Special rules for certain plants bearing fruits and nuts.--
Section 168(k) is amended--
(A) by striking paragraph (5), and
(B) by inserting after paragraph (4) the following new
paragraph:
``(5) Special rules for certain plants bearing fruits and
nuts.--
``(A) In general.--In the case of any specified plant which
is planted before January 1, 2020, or is grafted before such
date to a plant that has already been planted, by the taxpayer
in the ordinary course of the taxpayer's farming business (as
defined in section 263A(e)(4)) during a taxable year for which
the taxpayer has elected the application of this paragraph--
``(i) a depreciation deduction equal to 50 percent of
the adjusted basis of such specified plant shall be allowed
under section 167(a) for the taxable year in which such
specified plant is so planted or grafted, and
``(ii) the adjusted basis of such specified plant shall
be reduced by the amount of such deduction.
``(B) Specified plant.--For purposes of this paragraph, the
term `specified plant' means--
``(i) any tree or vine which bears fruits or nuts, and
``(ii) any other plant which will have more than one
yield of fruits or nuts and which generally has a pre-
productive period of more than 2 years from the time of
planting or grafting to the time at which such plant begins
bearing fruits or nuts.
Such term shall not include any property which is planted or
grafted outside of the United States.
``(C) Election revocable only with consent.--An election
under this paragraph may be revoked only with the consent of
the Secretary.
``(D) Additional depreciation may be claimed only once.--If
this paragraph applies to any specified plant, such specified
plant shall not be treated as qualified property in the taxable
year in which placed in service.
``(E) Deduction allowed in computing minimum tax.--Rules
similar to the rules of paragraph (2)(G) shall apply for
purposes of this paragraph.
``(F) Phase down.--In the case of a specified plant which
is planted after December 31, 2017 (or is grafted to a plant
that has already been planted before such date), subparagraph
(A)(i) shall be applied by substituting for `50 percent'--
``(i) in the case of a plant which is planted (or so
grafted) in 2018, `40 percent', and
``(ii) in the case of a plant which is planted (or so
grafted) during 2019, `30 percent'.''.
(5) Phase down of bonus depreciation.--Section 168(k) is
amended by adding at the end the following new paragraph:
``(6) Phase down.--In the case of qualified property placed in
service by the taxpayer after December 31, 2017, paragraph (1)(A)
shall be applied by substituting for `50 percent'--
``(A) in the case of property placed in service in 2018 (or
in the case of property placed in service in 2019 and described
in paragraph (2)(B) or (C) (determined by substituting `2019'
for `2020' in paragraphs (2)(B)(i)(III) and (ii) and paragraph
(2)(E)(i)), `40 percent',
``(B) in the case of property placed in service in 2019 (or
in the case of property placed in service in 2020 and described
in paragraph (2)(B) or (C), `30 percent'.''.
(6) Conforming amendments.--
(A) Section 168(e)(6) is amended--
(i) by redesignating subparagraphs (A) and (B) as
subparagraphs (D) and (E), respectively,
(ii) by striking all that precedes subparagraph (D) (as
so redesignated) and inserting the following:
``(6) Qualified leasehold improvement property.--For purposes
of this subsection--
``(A) In general.--The term `qualified leasehold
improvement property' means any improvement to an interior
portion of a building which is nonresidential real property
if--
``(i) such improvement is made under or pursuant to a
lease (as defined in subsection (h)(7))--
``(I) by the lessee (or any sublessee) of such
portion, or
``(II) by the lessor of such portion,
``(ii) such portion is to be occupied exclusively by
the lessee (or any sublessee) of such portion, and
``(iii) such improvement is placed in service more than
3 years after the date the building was first placed in
service.
``(B) Certain improvements not included.--Such term shall
not include any improvement for which the expenditure is
attributable to--
``(i) the enlargement of the building,
``(ii) any elevator or escalator,
``(iii) any structural component benefitting a common
area, or
``(iv) the internal structural framework of the
building.
``(C) Definitions and special rules.--For purposes of this
paragraph--
``(i) Commitment to lease treated as lease.--A
commitment to enter into a lease shall be treated as a
lease, and the parties to such commitment shall be treated
as lessor and lessee, respectively.
``(ii) Related persons.--A lease between related
persons shall not be considered a lease. For purposes of
the preceding sentence, the term `related persons' means--
``(I) members of an affiliated group (as defined in
section 1504), and
``(II) persons having a relationship described in
subsection (b) of section 267; except that, for
purposes of this clause, the phrase `80 percent or
more' shall be substituted for the phrase `more than 50
percent' each place it appears in such subsection.'',
and
(iii) by striking ``subparagraph (A)'' in subparagraph
(E) (as so redesignated) and inserting ``subparagraph
(D)''.
(B) Section 168(e)(7)(B) is amended by striking ``qualified
leasehold improvement property'' and inserting ``qualified
improvement property''.
(C) Section 168(e)(8) is amended by striking subparagraph
(D).
(D) Section 168(k), as amended by the preceding provisions
of this section, is amended by adding at the end the following
new paragraph:
``(7) Election out.--If a taxpayer makes an election under this
paragraph with respect to any class of property for any taxable
year, paragraphs (1) and (2)(F) shall not apply to any qualified
property in such class placed in service during such taxable year.
An election under this paragraph may be revoked only with the
consent of the Secretary.''.
(E) Section 168(l)(3) is amended--
(i) by striking ``section 168(k)'' in subparagraph (A)
and inserting ``subsection (k)'', and
(ii) by striking ``section 168(k)(2)(D)(i)'' in
subparagraph (B) and inserting ``subsection (k)(2)(D)''.
(F) Section 168(l)(4) is amended by striking ``subparagraph
(E) of section 168(k)(2)'' and all that follows and inserting
``subsection (k)(2)(E) shall apply.''.
(G) Section 168(l)(5) is amended by striking ``section
168(k)(2)(G)'' and inserting ``subsection (k)(2)(G)''.
(H) Section 263A(c) is amended by adding at the end the
following new paragraph:
``(7) Coordination with section 168(k)(5).--This section shall
not apply to any amount allowed as a deduction by reason of section
168(k)(5) (relating to special rules for certain plants bearing
fruits and nuts).''.
(I) Section 460(c)(6)(B)(ii), as amended by subsection (a),
is amended to read as follows:
``(ii) is placed in service before January 1, 2020
(January 1, 2021 in the case of property described in
section 168(k)(2)(B)).''.
(J) Section 168(k), as amended by subsection (a), is
amended by striking ``and Before January 1, 2016'' in the
heading thereof and inserting ``and Before January 1, 2020''.
(7) Effective dates.--
(A) In general.--Except as otherwise provided in this
paragraph, the amendments made by this subsection shall apply
to property placed in service after December 31, 2015, in
taxable years ending after such date.
(B) Expansion of election to accelerate amt credits in lieu
of bonus depreciation.--The amendments made by paragraph (3)
shall apply to taxable years ending after December 31, 2015,
except that in the case of any taxable year beginning before
January 1, 2016, and ending after December 31, 2015, the
limitation under section 168(k)(4)(B)(ii) of the Internal
Revenue Code of 1986 (as amended by this section) shall be the
sum of--
(i) the product of--
(I) the maximum increase amount (within the meaning
of section 168(k)(4)(C)(iii) of such Code, as in effect
before the amendments made by this subsection),
multiplied by
(II) a fraction the numerator of which is the
number of days in the taxable year before January 1,
2016, and the denominator of which is the number of
days in the taxable year, plus
(ii) the product of--
(I) such limitation (determined without regard to
this subparagraph), multiplied by
(II) a fraction the numerator of which is the
number of days in the taxable year after December 31,
2015, and the denominator of which is the number of
days in the taxable year.
(C) Special rules for certain plants bearing fruits and
nuts.--The amendments made by paragraph (4) (other than
subparagraph (A) thereof) shall apply to specified plants (as
defined in section 168(k)(5)(B) of the Internal Revenue Code of
1986, as amended by this subsection) planted or grafted after
December 31, 2015.
SEC. 144. EXTENSION OF LOOK-THRU TREATMENT OF PAYMENTS BETWEEN
RELATED CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN PERSONAL
HOLDING COMPANY RULES.
(a) In General.--Section 954(c)(6)(C) is amended by striking
``January 1, 2015'' and inserting ``January 1, 2020''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years of foreign corporations beginning after December 31,
2014, and to taxable years of United States shareholders with or within
which such taxable years of foreign corporations end.
Subtitle C--Extensions Through 2016
PART 1--TAX RELIEF FOR FAMILIES AND INDIVIDUALS
SEC. 151. EXTENSION AND MODIFICATION OF EXCLUSION FROM GROSS INCOME
OF DISCHARGE OF QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS.
(a) Extension.--Section 108(a)(1)(E) is amended by striking
``January 1, 2015'' and inserting ``January 1, 2017''.
(b) Modification.--Section 108(a)(1)(E), as amended by subsection
(a), is amended by striking ``discharged before'' and all that follows
and inserting ``discharged--
``(i) before January 1, 2017, or
``(ii) subject to an arrangement that is entered into
and evidenced in writing before January 1, 2017.''.
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to discharges of indebtedness after December 31, 2014.
(2) Modification.--The amendment made by subsection (b) shall
apply to discharges of indebtedness after December 31, 2015.
SEC. 152. EXTENSION OF MORTGAGE INSURANCE PREMIUMS TREATED AS
QUALIFIED RESIDENCE INTEREST.
(a) In General.--Subclause (I) of section 163(h)(3)(E)(iv) is
amended by striking ``December 31, 2014'' and inserting ``December 31,
2016''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or accrued after December 31, 2014.
SEC. 153. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR QUALIFIED
TUITION AND RELATED EXPENSES.
(a) In General.--Section 222(e) is amended by striking ``December
31, 2014'' and inserting ``December 31, 2016''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2014.
PART 2--INCENTIVES FOR GROWTH, JOBS, INVESTMENT, AND INNOVATION
SEC. 161. EXTENSION OF INDIAN EMPLOYMENT TAX CREDIT.
(a) In General.--Section 45A(f) is amended by striking ``December
31, 2014'' and inserting ``December 31, 2016''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2014.
SEC. 162. EXTENSION AND MODIFICATION OF RAILROAD TRACK MAINTENANCE
CREDIT.
(a) Extension.--Section 45G(f) is amended by striking ``January 1,
2015'' and inserting ``January 1, 2017''.
(b) Modification.--Section 45G(d) is amended by striking ``January
1, 2005,'' and inserting ``January 1, 2015,''.
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to expenditures paid or incurred in taxable years beginning
after December 31, 2014.
(2) Modification.--The amendment made by subsection (b) shall
apply to expenditures paid or incurred in taxable years beginning
after December 31, 2015.
SEC. 163. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT.
(a) In General.--Section 45N(e) is amended by striking ``December
31, 2014'' and inserting ``December 31, 2016''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2014.
SEC. 164. EXTENSION OF QUALIFIED ZONE ACADEMY BONDS.
(a) Extension.--Section 54E(c)(1) is amended by striking ``and
2014'' and inserting ``2014, 2015, and 2016''.
(b) Effective Date.--The amendment made by this section shall apply
to obligations issued after December 31, 2014.
SEC. 165. EXTENSION OF CLASSIFICATION OF CERTAIN RACE HORSES AS 3-
YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(A)(i) is amended--
(1) by striking ``January 1, 2015'' in subclause (I) and
inserting ``January 1, 2017'', and
(2) by striking ``December 31, 2014'' in subclause (II) and
inserting ``December 31, 2016''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2014.
SEC. 166. EXTENSION OF 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS
ENTERTAINMENT COMPLEXES.
(a) In General.--Section 168(i)(15)(D) is amended by striking
``December 31, 2014'' and inserting ``December 31, 2016''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2014.
SEC. 167. EXTENSION AND MODIFICATION OF ACCELERATED DEPRECIATION
FOR BUSINESS PROPERTY ON AN INDIAN RESERVATION.
(a) In General.--Section 168(j)(8) is amended by striking
``December 31, 2014'' and inserting ``December 31, 2016''.
(b) Election to Have Special Rules Not Apply.--Section 168(j) is
amended by redesignating paragraph (8), as amended by subsection (a),
as paragraph (9), and by inserting after paragraph (7) the following
new paragraph:
``(8) Election out.--If a taxpayer makes an election under this
paragraph with respect to any class of property for any taxable
year, this subsection shall not apply to all property in such class
placed in service during such taxable year. Such election, once
made, shall be irrevocable.''.
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to property placed in service after December 31, 2014.
(2) Modification.--The amendments made by subsection (b) shall
apply to taxable years beginning after December 31, 2015.
SEC. 168. EXTENSION OF ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.
(a) In General.--Section 179E(g) is amended by striking ``December
31, 2014'' and inserting ``December 31, 2016''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2014.
SEC. 169. EXTENSION OF SPECIAL EXPENSING RULES FOR CERTAIN FILM AND
TELEVISION PRODUCTIONS; SPECIAL EXPENSING FOR LIVE THEATRICAL
PRODUCTIONS.
(a) In General.--Section 181(f) is amended by striking ``December
31, 2014'' and inserting ``December 31, 2016''.
(b) Application to Live Productions.--
(1) In general.--Paragraph (1) of section 181(a) is amended by
inserting ``, and any qualified live theatrical production,'' after
``any qualified film or television production''.
(2) Conforming amendments.--Section 181 is amended--
(A) by inserting ``or any qualified live theatrical
production'' after ``qualified film or television production''
each place it appears in subsections (a)(2), (b), and (c)(1),
(B) by inserting ``or qualified live theatrical
productions'' after ``qualified film or television
productions'' in subsection (f), and
(C) by inserting ``and live theatrical'' after ``film and
television'' in the heading.
(3) Clerical amendment.--The item relating to section 181 in
the table of sections for part VI of subchapter B of chapter 1 is
amended to read as follows:
``Sec. 181. Treatment of certain qualified film and television and live
theatrical productions.''.
(c) Qualified Live Theatrical Production.--Section 181 is amended--
(1) by redesignating subsections (e) and (f), as amended by
subsections (a) and (b), as subsections (f) and (g), respectively,
and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Qualified Live Theatrical Production.--For purposes of this
section--
``(1) In general.--The term `qualified live theatrical
production' means any production described in paragraph (2) if 75
percent of the total compensation of the production is qualified
compensation (as defined in subsection (d)(3)).
``(2) Production.--
``(A) In general.--A production is described in this
paragraph if such production is a live staged production of a
play (with or without music) which is derived from a written
book or script and is produced or presented by a taxable entity
in any venue which has an audience capacity of not more than
3,000 or a series of venues the majority of which have an
audience capacity of not more than 3,000.
``(B) Touring companies, etc.--In the case of multiple live
staged productions--
``(i) for which the election under this section would
be allowable to the same taxpayer, and
``(ii) which are--
``(I) separate phases of a production, or
``(II) separate simultaneous stagings of the same
production in different geographical locations (not
including multiple performance locations of any one
touring production),
each such live staged production shall be treated as a separate
production.
``(C) Phase.--For purposes of subparagraph (B), the term
`phase' with respect to any qualified live theatrical
production refers to each of the following, but only if each of
the following is treated by the taxpayer as a separate activity
for all purposes of this title:
``(i) The initial staging of a live theatrical
production.
``(ii) Subsequent additional stagings or touring of
such production which are produced by the same producer as
the initial staging.
``(D) Seasonal productions.--
``(i) In general.--In the case of a live staged
production not described in subparagraph (B) which is
produced or presented by a taxable entity for not more than
10 weeks of the taxable year, subparagraph (A) shall be
applied by substituting `6,500' for `3,000'.
``(ii) Short taxable years.--For purposes of clause
(i), in the case of any taxable year of less than 12
months, the number of weeks for which a production is
produced or presented shall be annualized by multiplying
the number of weeks the production is produced or presented
during such taxable year by 12 and dividing the result by
the number of months in such taxable year.
``(E) Exception.--A production is not described in this
paragraph if such production includes or consists of any
performance of conduct described in section 2257(h)(1) of title
18, United States Code.''.
(d) Effective Date.--
(1) Extension.--The amendment made by subsection (a) shall
apply to productions commencing after December 31, 2014.
(2) Modifications.--
(A) In general.--The amendments made by subsections (b) and
(c) shall apply to productions commencing after December 31,
2015.
(B) Commencement.--For purposes of subparagraph (A), the
date on which a qualified live theatrical production commences
is the date of the first public performance of such production
for a paying audience.
SEC. 170. EXTENSION OF DEDUCTION ALLOWABLE WITH RESPECT TO INCOME
ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES IN PUERTO RICO.
(a) In General.--Section 199(d)(8)(C) is amended--
(1) by striking ``first 9 taxable years'' and inserting ``first
11 taxable years'', and
(2) by striking ``January 1, 2015'' and inserting ``January 1,
2017''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 171. EXTENSION AND MODIFICATION OF EMPOWERMENT ZONE TAX
INCENTIVES.
(a) In General.--
(1) Extension.--Section 1391(d)(1)(A)(i) is amended by striking
``December 31, 2014'' and inserting ``December 31, 2016''.
(2) Treatment of certain termination dates specified in
nominations.--In the case of a designation of an empowerment zone
the nomination for which included a termination date which is
contemporaneous with the date specified in subparagraph (A)(i) of
section 1391(d)(1) of the Internal Revenue Code of 1986 (as in
effect before the enactment of this Act), subparagraph (B) of such
section shall not apply with respect to such designation if, after
the date of the enactment of this section, the entity which made
such nomination amends the nomination to provide for a new
termination date in such manner as the Secretary of the Treasury
(or the Secretary's designee) may provide.
(b) Modification.--Section 1394(b)(3)(B)(i) is amended--
(1) by striking ``References'' and inserting the following:
``(I) In general.--Except as provided in subclause
(II), references'', and
(2) by adding at the end the following new subclause:
``(II) Special rule for employee residence test.--
For purposes of subsection (b)(6) and (c)(5) of section
1397C, an employee shall be treated as a resident of an
empowerment zone if such employee is a resident of an
empowerment zone, an enterprise community, or a
qualified low-income community within an applicable
nominating jurisdiction.''.
(c) Definitions.--
(1) Qualified low-income community.--Section 1394(b)(3) is
amended by redesignating subparagraphs (C) and (D) as subparagraphs
(D) and (E), respectively, and by inserting after subparagraph (B)
the following new subparagraph:
``(C) Qualified low-income community.--For purposes of
subparagraph (B)--
``(i) In general.--The term `qualified low-income
community' means any population census tract if--
``(I) the poverty rate for such tract is at least
20 percent, or
``(II) the median family income for such tract does
not exceed 80 percent of statewide median family income
(or, in the case of a tract located within a
metropolitan area, metropolitan area median family
income if greater).
Subclause (II) shall be applied using possessionwide median
family income in the case of census tracts located within a
possession of the United States.
``(ii) Targeted populations.--The Secretary shall
prescribe regulations under which 1 or more targeted
populations (within the meaning of section 103(20) of the
Riegle Community Development and Regulatory Improvement Act
of 1994) may be treated as qualified low-income
communities.
``(iii) Areas not within census tracts.--In the case of
an area which is not tracted for population census tracts,
the equivalent county divisions (as defined by the Bureau
of the Census for purposes of defining poverty areas) shall
be used for purposes of determining poverty rates and
median family income.
``(iv) Modification of income requirement for census
tracts within high migration rural counties.--
``(I) In general.--In the case of a population
census tract located within a high migration rural
county, clause (i)(II) shall be applied to areas not
located within a metropolitan area by substituting `85
percent' for `80 percent'.
``(II) High migration rural county.--For purposes
of this clause, the term `high migration rural county'
means any county which, during the 20-year period
ending with the year in which the most recent census
was conducted, has a net out-migration of inhabitants
from the county of at least 10 percent of the
population of the county at the beginning of such
period.''.
(2) Applicable nominating jurisdiction.--Section 1394(b)(3)(D),
as redesignated by paragraph (1), is amended by adding at the end
the following new clause:
``(iii) Applicable nominating jurisdiction.--The term
`applicable nominating jurisdiction' means, with respect to
any empowerment zone or enterprise community, any local
government that nominated such community for designation
under section 1391.''.
(d) Conforming Amendments.--
(1) Section 1394(b)(3)(B)(iii) is amended by striking ``or an
enterprise community'' and inserting ``, an enterprise community,
or a qualified low-income community within an applicable nominating
jurisdiction''.
(2) Section 1394(b)(3)(D), as redesignated by subsection
(c)(1), is amended by striking ``Definitions'' and inserting
``Other definitions''.
(e) Effective Dates.--
(1) Extensions.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2014.
(2) Modifications.--The amendments made by subsections (b),
(c), and (d) shall apply to bonds issued after December 31, 2015.
SEC. 172. EXTENSION OF TEMPORARY INCREASE IN LIMIT ON COVER OVER OF
RUM EXCISE TAXES TO PUERTO RICO AND THE VIRGIN ISLANDS.
(a) In General.--Section 7652(f)(1) is amended by striking
``January 1, 2015'' and inserting ``January 1, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to distilled spirits brought into the United States after December 31,
2014.
SEC. 173. EXTENSION OF AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
(a) In General.--Section 119(d) of division A of the Tax Relief and
Health Care Act of 2006 is amended--
(1) by striking ``January 1, 2015'' each place it appears and
inserting ``January 1, 2017'',
(2) by striking ``first 9 taxable years'' in paragraph (1) and
inserting ``first 11 taxable years'', and
(3) by striking ``first 3 taxable years'' in paragraph (2) and
inserting ``first 5 taxable years''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 174. MORATORIUM ON MEDICAL DEVICE EXCISE TAX.
(a) In General.--Section 4191 is amended by adding at the end the
following new subsection:
``(c) Moratorium.--The tax imposed under subsection (a) shall not
apply to sales during the period beginning on January 1, 2016, and
ending on December 31, 2017.''.
(b) Effective Date.--The amendment made by this section shall apply
to sales after December 31, 2015.
PART 3--INCENTIVES FOR ENERGY PRODUCTION AND CONSERVATION
SEC. 181. EXTENSION AND MODIFICATION OF CREDIT FOR NONBUSINESS
ENERGY PROPERTY.
(a) Extension.--Section 25C(g)(2) is amended by striking ``December
31, 2014'' and inserting ``December 31, 2016''.
(b) Updated Energy Star Requirements.--
(1) In general.--Section 25C(c)(1) is amended by striking
``which meets'' and all that follows through ``requirements)''.
(2) Energy efficient building envelope component.--Section
25C(c) is amended by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively, and by inserting after
paragraph (1) the following new paragraph:
``(2) Energy efficient building envelope component.--The term
`energy efficient building envelope component' means a building
envelope component which meets--
``(A) applicable Energy Star program requirements, in the
case of a roof or roof products,
``(B) version 6.0 Energy Star program requirements, in the
case of an exterior window, a skylight, or an exterior door,
and
``(C) the prescriptive criteria for such component
established by the 2009 International Energy Conservation Code,
as such Code (including supplements) is in effect on the date
of the enactment of the American Recovery and Reinvestment Tax
Act of 2009, in the case of any other component.''.
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to property placed in service after December 31, 2014.
(2) Modification.--The amendments made by subsection (b) shall
apply to property placed in service after December 31, 2015.
SEC. 182. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY.
(a) In General.--Section 30C(g) is amended by striking ``December
31, 2014'' and inserting ``December 31, 2016''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2014.
SEC. 183. EXTENSION OF CREDIT FOR 2-WHEELED PLUG-IN ELECTRIC
VEHICLES.
(a) In General.--Section 30D(g)(3)(E) is amended by striking
``acquired'' and all that follows and inserting the following:
``acquired--
``(i) after December 31, 2011, and before January 1,
2014, or
``(ii) in the case of a vehicle that has 2 wheels,
after December 31, 2014, and before January 1, 2017.''.
(b) Effective Date.--The amendments made by this section shall
apply to vehicles acquired after December 31, 2014.
SEC. 184. EXTENSION OF SECOND GENERATION BIOFUEL PRODUCER CREDIT.
(a) In General.--Section 40(b)(6)(J)(i) is amended by striking
``January 1, 2015'' and inserting ``January 1, 2017''.
(b) Effective Date.--The amendment made by this subsection shall
apply to qualified second generation biofuel production after December
31, 2014.
SEC. 185. EXTENSION OF BIODIESEL AND RENEWABLE DIESEL INCENTIVES.
(a) Income Tax Credit.--
(1) In general.--Subsection (g) of section 40A is amended by
striking ``December 31, 2014'' and inserting ``December 31, 2016''.
(2) Effective date.--The amendment made by this subsection
shall apply to fuel sold or used after December 31, 2014.
(b) Excise Tax Incentives.--
(1) In general.--Section 6426(c)(6) is amended by striking
``December 31, 2014'' and inserting ``December 31, 2016''.
(2) Payments.--Section 6427(e)(6)(B) is amended by striking
``December 31, 2014'' and inserting ``December 31, 2016''.
(3) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2014.
(4) Special rule for 2015.--Notwithstanding any other provision
of law, in the case of any biodiesel mixture credit properly
determined under section 6426(c) of the Internal Revenue Code of
1986 for the period beginning on January 1, 2015, and ending on
December 31, 2015, such credit shall be allowed, and any refund or
payment attributable to such credit (including any payment under
section 6427(e) of such Code) shall be made, only in such manner as
the Secretary of the Treasury (or the Secretary's delegate) shall
provide. Such Secretary shall issue guidance within 30 days after
the date of the enactment of this Act providing for a one-time
submission of claims covering periods described in the preceding
sentence. Such guidance shall provide for a 180-day period for the
submission of such claims (in such manner as prescribed by such
Secretary) to begin not later than 30 days after such guidance is
issued. Such claims shall be paid by such Secretary not later than
60 days after receipt. If such Secretary has not paid pursuant to a
claim filed under this subsection within 60 days after the date of
the filing of such claim, the claim shall be paid with interest
from such date determined by using the overpayment rate and method
under section 6621 of such Code.
SEC. 186. EXTENSION AND MODIFICATION OF PRODUCTION CREDIT FOR
INDIAN COAL FACILITIES.
(a) In General.--Section 45(e)(10)(A) is amended by striking ``9-
year period'' each place it appears and inserting ``11-year period''.
(b) Repeal of Limitation Based on Date Facility Is Placed in
Service.--Section 45(d)(10) is amended to read as follows:
``(10) Indian coal production facility.--The term `Indian coal
production facility' means a facility that produces Indian coal.''.
(c) Treatment of Sales to Related Parties.--Section
45(e)(10)(A)(ii)(I) is amended by inserting ``(either directly by the
taxpayer or after sale or transfer to one or more related persons)''
after ``unrelated person''.
(d) Credit Allowed Against Alternative Minimum Tax.--
(1) In general.--Section 38(c)(4)(B), as amended by the
preceding provisions of this Act, is amended by redesignating
clauses (v) through (x) as clauses (vi) through (xi), respectively,
and by inserting after clause (iv) the following new clause:
``(v) the credit determined under section 45 to the
extent that such credit is attributable to section
45(e)(10) (relating to Indian coal production
facilities),''.
(2) Conforming amendment.--Section 45(e)(10) is amended by
striking subparagraph (D).
(e) Effective Dates.--
(1) Extension.--The amendments made by subsection (a) shall
apply to coal produced after December 31, 2014.
(2) Modifications.--The amendments made by subsections (b) and
(c) shall apply to coal produced and sold after December 31, 2015,
in taxable years ending after such date.
(3) Credit allowed against alternative minimum tax.--The
amendments made by subsection (d) shall apply to credits determined
for taxable years beginning after December 31, 2015.
SEC. 187. EXTENSION OF CREDITS WITH RESPECT TO FACILITIES PRODUCING
ENERGY FROM CERTAIN RENEWABLE RESOURCES.
(a) In General.--The following provisions of section 45(d) are each
amended by striking ``January 1, 2015'' each place it appears and
inserting ``January 1, 2017'':
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (4)(B).
(4) Paragraph (6).
(5) Paragraph (7).
(6) Paragraph (9).
(7) Paragraph (11)(B).
(b) Extension of Election to Treat Qualified Facilities as Energy
Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1,
2015'' and inserting ``January 1, 2017''.
(c) Effective Dates.--The amendments made by this section shall
take effect on January 1, 2015.
SEC. 188. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT NEW HOMES.
(a) In General.--Section 45L(g) is amended by striking ``December
31, 2014'' and inserting ``December 31, 2016''.
(b) Effective Date.--The amendment made by this section shall apply
to homes acquired after December 31, 2014.
SEC. 189. EXTENSION OF SPECIAL ALLOWANCE FOR SECOND GENERATION
BIOFUEL PLANT PROPERTY.
(a) In General.--Section 168(l)(2)(D) is amended by striking
``January 1, 2015'' and inserting ``January 1, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2014.
SEC. 190. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS
DEDUCTION.
(a) In General.--Section 179D(h) is amended by striking ``December
31, 2014'' and inserting ``December 31, 2016''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after December 31, 2014.
SEC. 191. EXTENSION OF SPECIAL RULE FOR SALES OR DISPOSITIONS TO
IMPLEMENT FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR
QUALIFIED ELECTRIC UTILITIES.
(a) In General.--Section 451(i)(3) is amended by striking ``January
1, 2015'' and inserting ``January 1, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to dispositions after December 31, 2014.
SEC. 192. EXTENSION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE
FUELS.
(a) Extension of Alternative Fuels Excise Tax Credits.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3) are each
amended by striking ``December 31, 2014'' and inserting ``December
31, 2016''.
(2) Outlay payments for alternative fuels.--Section
6427(e)(6)(C) is amended by striking ``December 31, 2014'' and
inserting ``December 31, 2016''.
(b) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2014.
(c) Special Rule for 2015.--Notwithstanding any other provision of
law, in the case of any alternative fuel credit properly determined
under section 6426(d) of the Internal Revenue Code of 1986 for the
period beginning on January 1, 2015, and ending on December 31, 2015,
such credit shall be allowed, and any refund or payment attributable to
such credit (including any payment under section 6427(e) of such Code)
shall be made, only in such manner as the Secretary of the Treasury (or
the Secretary's delegate) shall provide. Such Secretary shall issue
guidance within 30 days after the date of the enactment of this Act
providing for a one-time submission of claims covering periods
described in the preceding sentence. Such guidance shall provide for a
180-day period for the submission of such claims (in such manner as
prescribed by such Secretary) to begin not later than 30 days after
such guidance is issued. Such claims shall be paid by such Secretary
not later than 60 days after receipt. If such Secretary has not paid
pursuant to a claim filed under this subsection within 60 days after
the date of the filing of such claim, the claim shall be paid with
interest from such date determined by using the overpayment rate and
method under section 6621 of such Code.
SEC. 193. EXTENSION OF CREDIT FOR NEW QUALIFIED FUEL CELL MOTOR
VEHICLES.
(a) In General.--Section 30B(k)(1) is amended by striking
``December 31, 2014'' and inserting ``December 31, 2016''.
(b) Effective Date.--The amendment made by this section shall apply
to property purchased after December 31, 2014.
TITLE II--PROGRAM INTEGRITY
SEC. 201. MODIFICATION OF FILING DATES OF RETURNS AND STATEMENTS
RELATING TO EMPLOYEE WAGE INFORMATION AND NONEMPLOYEE
COMPENSATION TO IMPROVE COMPLIANCE.
(a) In General.--Section 6071 is amended by redesignating
subsection (c) as subsection (d), and by inserting after subsection (b)
the following new subsection:
``(c) Returns and Statements Relating to Employee Wage Information
and Nonemployee Compensation.--Forms W-2 and W-3 and any returns or
statements required by the Secretary to report nonemployee compensation
shall be filed on or before January 31 of the year following the
calendar year to which such returns relate.''.
(b) Date for Certain Refunds.--Section 6402 is amended by adding at
the end the following new subsection:
``(m) Earliest Date for Certain Refunds.--No credit or refund of an
overpayment for a taxable year shall be made to a taxpayer before the
15th day of the second month following the close of such taxable year
if a credit is allowed to such taxpayer under section 24 (by reason of
subsection (d) thereof) or 32 for such taxable year.''.
(c) Conforming Amendment.--Section 6071(b) is amended by striking
``subparts B and C of part III of this subchapter'' and inserting
``subpart B of part III of this subchapter (other than returns and
statements required to be filed with respect to nonemployee
compensation)''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to returns and
statements relating to calendar years beginning after the date of
the enactment of this Act.
(2) Date for certain refunds.--The amendment made by subsection
(b) shall apply to credits or refunds made after December 31, 2016.
SEC. 202. SAFE HARBOR FOR DE MINIMIS ERRORS ON INFORMATION RETURNS
AND PAYEE STATEMENTS.
(a) In General.--Section 6721(c) is amended by adding at the end
the following new paragraph:
``(3) Safe harbor for certain de minimis errors.--
``(A) In general.--If, with respect to an information
return filed with the Secretary--
``(i) there are 1 or more failures described in
subsection (a)(2)(B) relating to an incorrect dollar
amount,
``(ii) no single amount in error differs from the
correct amount by more than $100, and
``(iii) no single amount reported for tax withheld on
any information return differs from the correct amount by
more than $25,
then no correction shall be required and, for purposes of this
section, such return shall be treated as having been filed with
all of the correct required information.
``(B) Exception.--Subparagraph (A) shall not apply with
respect to any incorrect dollar amount to the extent that such
error relates to an amount with respect to which an election is
made under section 6722(c)(3)(B).
``(C) Regulatory authority.--The Secretary may issue
regulations to prevent the abuse of the safe harbor under this
paragraph, including regulations providing that this paragraph
shall not apply to the extent necessary to prevent any such
abuse.''.
(b) Failure To Furnish Correct Payee Statement.--Section 6722(c) is
amended by adding at the end the following new paragraph:
``(3) Safe harbor for certain de minimis errors.--
``(A) In general.--If, with respect to any payee
statement--
``(i) there are 1 or more failures described in
subsection (a)(2)(B) relating to an incorrect dollar
amount,
``(ii) no single amount in error differs from the
correct amount by more than $100, and
``(iii) no single amount reported for tax withheld on
any information return differs from the correct amount by
more than $25,
then no correction shall be required and, for purposes of this
section, such statement shall be treated as having been filed
with all of the correct required information.
``(B) Exception.--Subparagraph (A) shall not apply to any
payee statement if the person to whom such statement is
required to be furnished makes an election (at such time and in
such manner as the Secretary may prescribe) that subparagraph
(A) not apply with respect to such statement.
``(C) Regulatory authority.--The Secretary may issue
regulations to prevent the abuse of the safe harbor under this
paragraph, including regulations providing that this paragraph
shall not apply to the extent necessary to prevent any such
abuse.''.
(c) Application to Broker Reporting of Basis.--Section
6045(g)(2)(B) is amended by adding at the end the following new clause:
``(iii) Treatment of uncorrected de minimis errors.--
Except as otherwise provided by the Secretary, the
customer's adjusted basis shall be determined by treating
any incorrect dollar amount which is not required to be
corrected by reason of section 6721(c)(3) or section
6722(c)(3) as the correct amount.''.
(d) Conforming Amendments.--
(1) Section 6721(c) is amended by striking ``Exception for De
Minimis Failures to Include All Required Information'' in the
heading and inserting ``Exceptions for Certain De Minimis
Failures''.
(2) Section 6721(c)(1) is amended by striking ``In general'' in
the heading and inserting ``Exception for de minimis failure to
include all required information''.
(e) Effective Date.--The amendments made by this section shall
apply to returns required to be filed, and payee statements required to
be provided, after December 31, 2016.
SEC. 203. REQUIREMENTS FOR THE ISSUANCE OF ITINS.
(a) In General.--Section 6109 is amended by adding at the end the
following new subsection:
``(i) Special Rules Relating to the Issuance of ITINs.--
``(1) In general.--The Secretary is authorized to issue an
individual taxpayer identification number to an individual only if
the applicant submits an application, using such form as the
Secretary may require and including the required documentation--
``(A) in the case of an applicant not described in
subparagraph (B)--
``(i) in person to an employee of the Internal Revenue
Service or a community-based certified acceptance agent
approved by the Secretary, or
``(ii) by mail, pursuant to rules prescribed by the
Secretary, or
``(B) in the case of an applicant who resides outside of
the United States, by mail or in person to an employee of the
Internal Revenue Service or a designee of the Secretary at a
United States diplomatic mission or consular post.
``(2) Required documentation.--For purposes of this
subsection--
``(A) In general.--The term `required documentation'
includes such documentation as the Secretary may require that
proves the individual's identity, foreign status, and
residency.
``(B) Validity of documents.--The Secretary may accept only
original documents or certified copies meeting the requirements
of the Secretary.
``(3) Term of itin.--
``(A) In general.--An individual taxpayer identification
number issued after December 31, 2012, shall remain in effect
unless the individual to whom such number is issued does not
file a return of tax (or is not included as a dependent on the
return of tax of another taxpayer) for 3 consecutive taxable
years. In the case of an individual described in the preceding
sentence, such number shall expire on the last day of such
third consecutive taxable year.
``(B) Special rule for existing itins.--In the case of an
individual with respect to whom an individual taxpayer
identification number was issued before January 1, 2013, such
number shall remain in effect until the earlier of--
``(i) the applicable date, or
``(ii) if the individual does not file a return of tax
(or is not included as a dependent on the return of tax of
another taxpayer) for 3 consecutive taxable years, the
earlier of--
``(I) the last day of such third consecutive
taxable year, or
``(II) the last day of the taxable year that
includes the date of the enactment of this subsection.
``(C) Applicable date.--For purposes of subparagraph (B),
the term `applicable date' means--
``(i) January 1, 2017, in the case of an individual
taxpayer identification number issued before January 1,
2008,
``(ii) January 1, 2018, in the case of an individual
taxpayer identification number issued in 2008,
``(iii) January 1, 2019, in the case of an individual
taxpayer identification number issued in 2009 or 2010, and
``(iv) January 1, 2020, in the case of an individual
taxpayer identification number issued in 2011 or 2012.
``(4) Distinguishing itins issued solely for purposes of treaty
benefits.--The Secretary shall implement a system that ensures that
individual taxpayer identification numbers issued solely for
purposes of claiming tax treaty benefits are used only for such
purposes, by distinguishing such numbers from other individual
taxpayer identification numbers issued.''.
(b) Audit by TIGTA.--Not later than 2 years after the date of the
enactment of this Act, and every 2 years thereafter, the Treasury
Inspector General for Tax Administration shall conduct an audit of the
program of the Internal Revenue Service for the issuance of individual
taxpayer identification numbers pursuant to section 6109(i) of the
Internal Revenue Code of 1986 (as added by this section) and report the
results of such audit to the Committee on Finance of the Senate and the
Committee on the Ways and Means of the House of Representatives.
(c) Community-based Certified Acceptance Agents.--The Secretary of
the Treasury, or the Secretary's delegate, shall maintain a program for
training and approving community-based certified acceptance agents for
purposes of section 6109(i)(1)(A)(i) of the Internal Revenue Code of
1986 (as added by this section). Persons eligible to be acceptance
agents under such program include--
(1) financial institutions (as defined in section 265(b)(5) of
such Code and the regulations thereunder),
(2) colleges and universities which are described in section
501(c)(3) of such Code and exempt from taxation under section
501(a) of such Code,
(3) Federal agencies (as defined in section 6402(h) of such
Code),
(4) State and local governments, including agencies responsible
for vital records,
(5) community-based organizations which are described in
subsection (c)(3) or (d) of section 501 of such Code and exempt
from taxation under section 501(a) of such Code,
(6) persons that provide assistance to taxpayers in the
preparation of their tax returns, and
(7) other persons or categories of persons as authorized by
regulations or other guidance of the Secretary of the Treasury.
(d) ITIN Study.--
(1) In general.--The Secretary of the Treasury, or the
Secretary's delegate, shall conduct a study on the effectiveness of
the application process for individual taxpayer identification
numbers before the implementation of the amendments made by this
section, the effects of the amendments made by this section on such
application process, the comparative effectiveness of an in-person
review process for application versus other methods of reducing
fraud in the ITIN program and improper payments to ITIN holders as
a result, and possible administrative and legislative
recommendations to improve such process.
(2) Specific requirements.--Such study shall include an
evaluation of the following:
(A) Possible administrative and legislative recommendations
to reduce fraud and improper payments through the use of
individual taxpayer identification numbers (hereinafter
referred to as ``ITINs'').
(B) If data supports an in-person initial review of ITIN
applications to reduce fraud and improper payments, the
administrative and legislative steps needed to implement such
an in-person initial review of ITIN applications, in
conjunction with an expansion of the community-based certified
acceptance agent program under subsection (c), with a goal of
transitioning to such a program by 2020.
(C) Strategies for more efficient processing of ITIN
applications.
(D) The acceptance agent program as in existence on the
date of the enactment of this Act and ways to expand the
geographic availability of agents through the community-based
certified acceptance agent program under subsection (c).
(E) Strategies for the Internal Revenue Service to work
with other Federal agencies, State and local governments, and
other organizations and persons described in subsection (c) to
encourage participation in the community-based certified
acceptance agent program under subsection (c) to facilitate in-
person initial review of ITIN applications.
(F) Typical characteristics (derived from Form W-7 and
other sources) of mail applications for ITINs as compared with
typical characteristics of in-person applications.
(G) Typical characteristics (derived from 17 Form W-7 and
other sources) of ITIN applications before the Internal Revenue
Service revised its application procedures in 2012 as compared
with typical characteristics of ITIN applications made after
such revisions went into effect.
(3) Report.--The Secretary, or the Secretary's delegate, shall
submit to the Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives a report
detailing the study under paragraph (1) and its findings not later
than 1 year after the date of the enactment of this Act.
(4) Administrative steps.--The Secretary of the Treasury shall
implement any administrative steps identified by the report under
paragraph (3) not later than 180 days after submitting such report.
(e) Mathematical or Clerical Error Authority.--Paragraph (2) of
section 6213(g) of the Internal Revenue Code of 1986 is amended by
striking ``and'' at the end of subparagraph (M), by striking the period
at the end of subparagraph (N) and inserting ``, and'', and by
inserting after subparagraph (N) the following new subparagraph:
``(O) the inclusion on a return of an individual taxpayer
identification number issued under section 6109(i) which has
expired, been revoked by the Secretary, or is otherwise
invalid.''.
(f) Effective Date.--The amendments made by this section shall
apply to applications for individual taxpayer identification numbers
made after the date of the enactment of this Act.
SEC. 204. PREVENTION OF RETROACTIVE CLAIMS OF EARNED INCOME CREDIT
AFTER ISSUANCE OF SOCIAL SECURITY NUMBER.
(a) In General.--Section 32(m) is amended by inserting ``on or
before the due date for filing the return for the taxable year'' before
the period at the end.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply to any return of tax,
and any amendment or supplement to any return of tax, which is
filed after the date of the enactment of this Act.
(2) Exception for timely-filed 2015 returns.--The amendment
made by this section shall not apply to any return of tax (other
than an amendment or supplement to any return of tax) for any
taxable year which includes the date of the enactment of this Act
if such return is filed on or before the due date for such return
of tax.
SEC. 205. PREVENTION OF RETROACTIVE CLAIMS OF CHILD TAX CREDIT.
(a) Qualifying Child Identification Requirement.--Section 24(e) is
amended by inserting ``and such taxpayer identification number was
issued on or before the due date for filing such return'' before the
period at the end.
(b) Taxpayer Identification Requirement.--Section 24(e), as amended
by subsection (a) is amended--
(1) by striking ``Identification Requirement.--No credit shall
be allowed'' and inserting the following: ``Identification
Requirements.--
``(1) Qualifying child identification requirement.--No credit
shall be allowed'', and
(2) by adding at the end the following new paragraph:
``(2) Taxpayer identification requirement.--No credit shall be
allowed under this section if the identifying number of the
taxpayer was issued after the due date for filing the return for
the taxable year.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to any return of tax, and any amendment or supplement to any
return of tax, which is filed after the date of the enactment of
this Act.
(2) Exception for timely-filed 2015 returns.--The amendments
made by this section shall not apply to any return of tax (other
than an amendment or supplement to any return of tax) for any
taxable year which includes the date of the enactment of this Act
if such return is filed on or before the due date for such return
of tax.
SEC. 206. PREVENTION OF RETROACTIVE CLAIMS OF AMERICAN OPPORTUNITY
TAX CREDIT.
(a) In General.--Section 25A(i) is amended--
(1) by striking paragraph (6), and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) Identification numbers.--
``(A) Student.--The requirements of subsection (g)(1) shall
not be treated as met with respect to the Hope Scholarship
Credit unless the individual's taxpayer identification number
was issued on or before the due date for filing the return of
tax for the taxable year.
``(B) Taxpayer.--No Hope Scholarship Credit shall be
allowed under this section if the identifying number of the
taxpayer was issued after the due date for filing the return
for the taxable year.''.
(b) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a)(2) shall apply to any return of
tax, and any amendment or supplement to any return of tax, which is
filed after the date of the enactment of this Act.
(2) Exception for timely-filed 2015 returns.--The amendment
made by subsection (a)(2) shall not apply to any return of tax
(other than an amendment or supplement to any return of tax) for
any taxable year which includes the date of the enactment of this
Act if such return is filed on or before the due date for such
return of tax.
(3) Repeal of deadwood.--The amendment made by subsection
(a)(1) shall take effect on the date of the enactment of this Act.
SEC. 207. PROCEDURES TO REDUCE IMPROPER CLAIMS.
(a) Due Diligence Requirements.--Section 6695(g) is amended--
(1) by striking ``section 32''and inserting ``section 24,
25A(a)(1), or 32'', and
(2) in the heading by inserting ``Child Tax Credit; American
Opportunity Tax Credit; and'' before ``Earned Income Credit''.
(b) Return Preparer Due Diligence Study.--
(1) In general.--The Secretary of the Treasury, or his
delegate, shall conduct a study of the effectiveness of tax return
preparer due diligence requirements for claiming the earned income
tax credit under section 32 of the Internal Revenue Code of 1986,
the child tax credit under section 24 of such Code, and the
American opportunity tax credit under section 25A(i) of such Code.
(2) Requirements.--Such study shall include an evaluation of
the following:
(A) The effectiveness of the questions currently asked as
part of the due-diligence requirement with respect to
minimizing error and fraud.
(B) Whether all such questions are necessary and support
improved compliance.
(C) The comparative effectiveness of such questions
relative to other means of determining (i) eligibility for
these tax credits and (ii) the correct amount of tax credit.
(D) Whether due diligence of this type should apply to
other methods of tax filing and whether such requirements
should vary based on the methods to increase effectiveness.
(E) The effectiveness of the preparer penalty under section
6695(g) in enforcing the due diligence requirements.
(3) Report.--The Secretary, or his delegate, shall submit to
the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a report detailing the study
and its findings--
(A) in the case of the portion of the study that relates to
the earned income tax credit, not later than 1 year after the
date of enactment of this Act, and
(B) in the case of the portions of the study that relate to
the child tax credit and the American opportunity tax credit,
not later than 2 years after the date of the enactment of this
Act.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2015.
SEC. 208. RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY CLAIMED CREDITS
IN PRIOR YEAR.
(a) Restrictions.--
(1) Child tax credit.--Section 24 is amended by adding at the
end the following new subsection:
``(g) Restrictions on Taxpayers Who Improperly Claimed Credit in
Prior Year.--
``(1) Taxpayers making prior fraudulent or reckless claims.--
``(A) In general.--No credit shall be allowed under this
section for any taxable year in the disallowance period.
``(B) Disallowance period.--For purposes of subparagraph
(A), the disallowance period is--
``(i) the period of 10 taxable years after the most
recent taxable year for which there was a final
determination that the taxpayer's claim of credit under
this section was due to fraud, and
``(ii) the period of 2 taxable years after the most
recent taxable year for which there was a final
determination that the taxpayer's claim of credit under
this section was due to reckless or intentional disregard
of rules and regulations (but not due to fraud).
``(2) Taxpayers making improper prior claims.--In the case of a
taxpayer who is denied credit under this section for any taxable
year as a result of the deficiency procedures under subchapter B of
chapter 63, no credit shall be allowed under this section for any
subsequent taxable year unless the taxpayer provides such
information as the Secretary may require to demonstrate eligibility
for such credit.''.
(2) American opportunity tax credit.--Section 25A(i), as
amended by the preceding provisions of this Act, is amended by
adding at the end the following new paragraph:
``(7) Restrictions on taxpayers who improperly claimed credit
in prior year.--
``(A) Taxpayers making prior fraudulent or reckless
claims.--
``(i) In general.--No credit shall be allowed under
this section for any taxable year in the disallowance
period.
``(ii) Disallowance period.--For purposes of clause
(i), the disallowance period is--
``(I) the period of 10 taxable years after the most
recent taxable year for which there was a final
determination that the taxpayer's claim of credit under
this section was due to fraud, and
``(II) the period of 2 taxable years after the most
recent taxable year for which there was a final
determination that the taxpayer's claim of credit under
this section was due to reckless or intentional
disregard of rules and regulations (but not due to
fraud).
``(B) Taxpayers making improper prior claims.--In the case
of a taxpayer who is denied credit under this section for any
taxable year as a result of the deficiency procedures under
subchapter B of chapter 63, no credit shall be allowed under
this section for any subsequent taxable year unless the
taxpayer provides such information as the Secretary may require
to demonstrate eligibility for such credit.''.
(b) Math Error Authority.--
(1) Earned income tax credit.--Section 6213(g)(2)(K) is amended
by inserting before the comma at the end the following: ``or an
entry on the return claiming the credit under section 32 for a
taxable year for which the credit is disallowed under subsection
(k)(1) thereof''.
(2) American opportunity tax credit and child tax credit.--
Section 6213(g)(2), as amended by the preceding provisions of this
Act, is amended by striking ``and'' at the end of subparagraph (N),
by striking the period at the end of subparagraph (O), and by
inserting after subparagraph (O) the following new subparagraphs:
``(P) an omission of information required by section
24(h)(2) or an entry on the return claiming the credit under
section 24 for a taxable year for which the credit is
disallowed under subsection (h)(1) thereof, and
``(Q) an omission of information required by section
25A(i)(8)(B) or an entry on the return claiming the credit
determined under section 25A(i) for a taxable year for which
the credit is disallowed under paragraph (8)(A) thereof.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 209. TREATMENT OF CREDITS FOR PURPOSES OF CERTAIN PENALTIES.
(a) Application of Underpayment Penalties.--Section 6664(a) is
amended by adding at the end the following: ``A rule similar to the
rule of section 6211(b)(4) shall apply for purposes of this
subsection.''.
(b) Penalty for Erroneous Claim of Credit Made Applicable to Earned
Income Credit.--Section 6676(a) is amended by striking ``(other than a
claim for a refund or credit relating to the earned income credit under
section 32)''.
(c) Reasonable Cause Exception for Erroneous Claim for Refund or
Credit.--
(1) In general.--Section 6676(a) is amended by striking ``has a
reasonable basis'' and inserting ``is due to reasonable cause''.
(2) Noneconomic substance transactions.--Section 6676(c) is
amended by striking ``having a reasonable basis'' and inserting
``due to reasonable cause''.
(d) Effective Dates.--
(1) Underpayment penalties.--The amendment made by subsection
(a) shall apply to--
(A) returns filed after the date of the enactment of this
Act, and
(B) returns filed on or before such date if the period
specified in section 6501 of the Internal Revenue Code of 1986
for assessment of the taxes with respect to which such return
relates has not expired as of such date.
(2) Penalty for erroneous claim of credit.--The amendment made
by subsection (b) shall apply to claims filed after the date of the
enactment of this Act.
SEC. 210. INCREASE THE PENALTY APPLICABLE TO PAID TAX PREPARERS WHO
ENGAGE IN WILLFUL OR RECKLESS CONDUCT.
(a) In General.--Section 6694(b)(1)(B) is amended by striking ``50
percent'' and inserting ``75 percent''.
(b) Effective Date.--The amendment made by this section shall apply
to returns prepared for taxable years ending after the date of the
enactment of this Act.
SEC. 211. EMPLOYER IDENTIFICATION NUMBER REQUIRED FOR AMERICAN
OPPORTUNITY TAX CREDIT.
(a) In General.--Section 25A(i)(6), as added by this Act, is
amended by adding at the end the following new subparagraph:
``(C) Institution.--No Hope Scholarship Credit shall be
allowed under this section unless the taxpayer includes the
employer identification number of any institution to which
qualified tuition and related expenses were paid with respect
to the individual.''.
(b) Information Reporting.--Section 6050S(b)(2) is amended by
striking ``and'' at the end of subparagraph (B), by redesignating
subparagraph (C) as subparagraph (D), and by inserting after
subparagraph (B) the following new subparagraph:
``(C) the employer identification number of the
institution, and''.
(c) Effective Date.--
(1) Subsection (a).--The amendments made by subsection (a)
shall apply to taxable years beginning after December 31, 2015.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to expenses paid after December 31, 2015, for education
furnished in academic periods beginning after such date.
SEC. 212. HIGHER EDUCATION INFORMATION REPORTING ONLY TO INCLUDE
QUALIFIED TUITION AND RELATED EXPENSES ACTUALLY PAID.
(a) In General.--Section 6050S(b)(2)(B)(i) is amended by striking
``or the aggregate amount billed''.
(b) Effective Date.--The amendments made by subsection (b) shall
apply to expenses paid after December 31, 2015, for education furnished
in academic periods beginning after such date.
TITLE III--MISCELLANEOUS PROVISIONS
Subtitle A--Family Tax Relief
SEC. 301. EXCLUSION FOR AMOUNTS RECEIVED UNDER THE WORK COLLEGES
PROGRAM.
(a) In General.--Paragraph (2) of section 117(c) is amended by
striking ``or'' at the end of subparagraph (A), by striking the period
at the end of subparagraph (B) and inserting ``, or'', and by adding at
the end the following new subparagraph:
``(C) a comprehensive student work-learning-service program
(as defined in section 448(e) of the Higher Education Act of
1965) operated by a work college (as defined in such
section).''.
(b) Effective Date.--The amendments made by this section shall
apply to amounts received in taxable years beginning after the date of
the enactment of this Act.
SEC. 302. IMPROVEMENTS TO SECTION 529 ACCOUNTS.
(a) Computer Technology and Equipment Permanently Allowed as a
Qualified Higher Education Expense for Section 529 Accounts.--
(1) In general.--Section 529(e)(3)(A)(iii) is amended to read
as follows:
``(iii) expenses for the purchase of computer or
peripheral equipment (as defined in section 168(i)(2)(B)),
computer software (as defined in section 197(e)(3)(B)), or
Internet access and related services, if such equipment,
software, or services are to be used primarily by the
beneficiary during any of the years the beneficiary is
enrolled at an eligible educational institution.''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning after December 31, 2014.
(b) Elimination of Distribution Aggregation Requirements.--
(1) In general.--Section 529(c)(3) is amended by striking
subparagraph (D).
(2) Effective date.--The amendment made by this subsection
shall apply to distributions after December 31, 2014.
(c) Recontribution of Refunded Amounts.--
(1) In general.--Section 529(c)(3), as amended by subsection
(b), is amended by adding at the end the following new
subparagraph:
``(D) Special rule for contributions of refunded amounts.--
In the case of a beneficiary who receives a refund of any
qualified higher education expenses from an eligible
educational institution, subparagraph (A) shall not apply to
that portion of any distribution for the taxable year which is
recontributed to a qualified tuition program of which such
individual is a beneficiary, but only to the extent such
recontribution is made not later than 60 days after the date of
such refund and does not exceed the refunded amount.''.
(2) Effective date.--
(A) In general.--The amendment made by this subsection
shall apply with respect to refunds of qualified higher
education expenses after December 31, 2014.
(B) Transition rule.--In the case of a refund of qualified
higher education expenses received after December 31, 2014, and
before the date of the enactment of this Act, section
529(c)(3)(D) of the Internal Revenue Code of 1986 (as added by
this subsection) shall be applied by substituting ``not later
than 60 days after the date of the enactment of this
subparagraph'' for ``not later than 60 days after the date of
such refund''.
SEC. 303. ELIMINATION OF RESIDENCY REQUIREMENT FOR QUALIFIED ABLE
PROGRAMS.
(a) In General.--Section 529A(b)(1) is amended by striking
subparagraph (C), by inserting ``and'' at the end of subparagraph (B),
and by redesignating subparagraph (D) as subparagraph (C).
(b) Conforming Amendments.--
(1) The second sentence of section 529A(d)(3) is amended by
striking ``and State of residence''.
(2) Section 529A(e) is amended by striking paragraph (7).
(c) Technical Amendments.--
(1) Section 529A(d)(4) is amended by striking ``section 4'' and
inserting ``section 103''.
(2) Section 529A(c)(1)(C)(i) is amended by striking ``family
member'' and inserting ``member of the family''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 304. EXCLUSION FOR WRONGFULLY INCARCERATED INDIVIDUALS.
(a) In General.--Part III of subchapter B of chapter 1 is amended
by inserting before section 140 the following new section:
``SEC. 139F. CERTAIN AMOUNTS RECEIVED BY WRONGFULLY INCARCERATED
INDIVIDUALS.
``(a) Exclusion From Gross Income.--In the case of any wrongfully
incarcerated individual, gross income shall not include any civil
damages, restitution, or other monetary award (including compensatory
or statutory damages and restitution imposed in a criminal matter)
relating to the incarceration of such individual for the covered
offense for which such individual was convicted.
``(b) Wrongfully Incarcerated Individual.--For purposes of this
section, the term `wrongfully incarcerated individual' means an
individual--
``(1) who was convicted of a covered offense,
``(2) who served all or part of a sentence of imprisonment
relating to that covered offense, and
``(3)(A) who was pardoned, granted clemency, or granted amnesty
for that covered offense because that individual was innocent of
that covered offense, or
``(B)(i) for whom the judgment of conviction for that covered
offense was reversed or vacated, and
``(ii) for whom the indictment, information, or other
accusatory instrument for that covered offense was dismissed or who
was found not guilty at a new trial after the judgment of
conviction for that covered offense was reversed or vacated.
``(c) Covered Offense.--For purposes of this section, the term
`covered offense' means any criminal offense under Federal or State
law, and includes any criminal offense arising from the same course of
conduct as that criminal offense.''.
(b) Conforming Amendment.--The table of sections for part III of
subchapter B of chapter 1 is amended by inserting after the item
relating to section 139E the following new item:
``Sec. 139F. Certain amounts received by wrongfully incarcerated
individuals.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning before, on, or after the date of the
enactment of this Act.
(d) Waiver of Limitations.--If the credit or refund of any
overpayment of tax resulting from the application of this Act to a
period before the date of enactment of this Act is prevented as of such
date by the operation of any law or rule of law (including res
judicata), such credit or refund may nevertheless be allowed or made if
the claim therefor is filed before the close of the 1-year period
beginning on the date of the enactment of this Act.
SEC. 305. CLARIFICATION OF SPECIAL RULE FOR CERTAIN GOVERNMENTAL
PLANS.
(a) In General.--Paragraph (1) of section 105(j) is amended--
(1) by striking ``the taxpayer'' and inserting ``a qualified
taxpayer'', and
(2) by striking ``deceased plan participant's beneficiary'' and
inserting ``deceased employee's beneficiary (other than an
individual described in paragraph (3)(B))''.
(b) Qualified Taxpayer.--Subsection (j) of section 105 is amended
by adding at the end the following new paragraph:
``(3) Qualified taxpayer.--For purposes of paragraph (1), with
respect to an accident or health plan described in paragraph (2),
the term `qualified taxpayer' means a taxpayer who is--
``(A) an employee, or
``(B) the spouse, dependent (as defined for purposes of
subsection (b)), or child (as defined for purposes of such
subsection) of an employee.''.
(c) Application to Political Subdivisions of States.--Paragraph (2)
of section 105(j) is amended--
(1) by inserting ``or established by or on behalf of a State or
political subdivision thereof'' after ``public retirement system'',
and
(2) by inserting ``or 501(c)(9)'' after ``section 115'' in
subparagraph (B).
(d) Effective Date.--The amendments made by this section shall
apply to payments after the date of the enactment of this Act.
SEC. 306. ROLLOVERS PERMITTED FROM OTHER RETIREMENT PLANS INTO
SIMPLE RETIREMENT ACCOUNTS.
(a) In General.--Section 408(p)(1)(B) is amended by inserting
``except in the case of a rollover contribution described in subsection
(d)(3)(G) or a rollover contribution otherwise described in subsection
(d)(3) or in section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16), which
is made after the 2-year period described in section 72(t)(6),'' before
``with respect to which the only contributions allowed''.
(b) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act.
SEC. 307. TECHNICAL AMENDMENT RELATING TO ROLLOVER OF CERTAIN
AIRLINE PAYMENT AMOUNTS.
(a) In General.--Section 1106(a) of the FAA Modernization and
Reform Act of 2012 (26 U.S.C. 408 note) is amended by adding at the end
the following new paragraph:
``(6) Special rule for certain airline payment amounts.--In the
case of any amount which became an airline payment amount by reason
of the amendments made by section 1(b) of Public Law 113-243 (26
U.S.C. 408 note), paragraph (1) shall be applied by substituting
`(or, if later, within the period beginning on December 18, 2014,
and ending on the date which is 180 days after the date of
enactment of the Protecting Americans from Tax Hikes Act of 2015)'
for `(or, if later, within 180 days of the date of the enactment of
this Act)'.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in Public Law 113-243 (26 U.S.C. 408 note).
SEC. 308. TREATMENT OF EARLY RETIREMENT DISTRIBUTIONS FOR NUCLEAR
MATERIALS COURIERS, UNITED STATES CAPITOL POLICE, SUPREME COURT
POLICE, AND DIPLOMATIC SECURITY SPECIAL AGENTS.
(a) In General.--Section 72(t)(10)(B)(ii), as added by Public Law
114-26, is amended by striking ``or any'' and inserting ``any'' and by
inserting before the period at the end the following: ``, any nuclear
materials courier described in section 8331(27) or 8401(33) of such
title, any member of the United States Capitol Police, any member of
the Supreme Court Police, or any diplomatic security special agent of
the Department of State''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions after December 31, 2015.
SEC. 309. PREVENTION OF EXTENSION OF TAX COLLECTION PERIOD FOR
MEMBERS OF THE ARMED FORCES WHO ARE HOSPITALIZED AS A RESULT OF
COMBAT ZONE INJURIES.
(a) In General.--Section 7508(e) is amended by adding at the end
the following new paragraph:
``(3) Collection period after assessment not extended as a
result of hospitalization.--With respect to any period of
continuous qualified hospitalization described in subsection (a)
and the next 180 days thereafter, subsection (a) shall not apply in
the application of section 6502.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxes assessed before, on, or after the date of the enactment of
this Act.
Subtitle B--Real Estate Investment Trusts
SEC. 311. RESTRICTION ON TAX-FREE SPINOFFS INVOLVING REITS.
(a) In General.--Section 355 is amended by adding at the end the
following new subsection:
``(h) Restriction on Distributions Involving Real Estate Investment
Trusts.--
``(1) In general.--This section (and so much of section 356 as
relates to this section) shall not apply to any distribution if
either the distributing corporation or controlled corporation is a
real estate investment trust.
``(2) Exceptions for certain spinoffs.--
``(A) Spinoffs of a real estate investment trust by another
real estate investment trust.--Paragraph (1) shall not apply to
any distribution if, immediately after the distribution, the
distributing corporation and the controlled corporation are
both real estate investment trusts.
``(B) Spinoffs of certain taxable reit subsidiaries.--
Paragraph (1) shall not apply to any distribution if--
``(i) the distributing corporation has been a real
estate investment trust at all times during the 3-year
period ending on the date of such distribution,
``(ii) the controlled corporation has been a taxable
REIT subsidiary (as defined in section 856(l)) of the
distributing corporation at all times during such period,
and
``(iii) the distributing corporation had control (as
defined in section 368(c) applied by taking into account
stock owned directly or indirectly, including through one
or more corporations or partnerships, by the distributing
corporation) of the controlled corporation at all times
during such period.
A controlled corporation will be treated as meeting the
requirements of clauses (ii) and (iii) if the stock of such
corporation was distributed by a taxable REIT subsidiary in a
transaction to which this section (or so much of section 356 as
relates to this section) applies and the assets of such
corporation consist solely of the stock or assets of assets
held by one or more taxable REIT subsidiaries of the
distributing corporation meeting the requirements of clauses
(ii) and (iii). For purposes of clause (iii), control of a
partnership means ownership of 80 percent of the profits
interest and 80 percent of the capital interests.''.
(b) Prevention of REIT Election Following Tax-free Spin Off.--
Section 856(c) is amended by redesignating paragraph (8) as paragraph
(9) and by inserting after paragraph (7) the following new paragraph:
``(8) Election after tax-free reorganization.--If a corporation
was a distributing corporation or a controlled corporation (other
than a controlled corporation with respect to a distribution
described in section 355(h)(2)(A)) with respect to any distribution
to which section 355 (or so much of section 356 as relates to
section 355) applied, such corporation (and any successor
corporation) shall not be eligible to make any election under
paragraph (1) for any taxable year beginning before the end of the
10-year period beginning on the date of such distribution.''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions on or after December 7, 2015, but shall not
apply to any distribution pursuant to a transaction described in a
ruling request initially submitted to the Internal Revenue Service on
or before such date, which request has not been withdrawn and with
respect to which a ruling has not been issued or denied in its entirety
as of such date.
SEC. 312. REDUCTION IN PERCENTAGE LIMITATION ON ASSETS OF REIT
WHICH MAY BE TAXABLE REIT SUBSIDIARIES.
(a) In General.--Section 856(c)(4)(B)(ii) is amended by striking
``25 percent'' and inserting ``20 percent''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 313. PROHIBITED TRANSACTION SAFE HARBORS.
(a) Alternative 3-Year Averaging Test for Percentage of Assets That
Can Be Sold Annually.--
(1) In general.--Clause (iii) of section 857(b)(6)(C) is
amended by inserting before the semicolon at the end the following:
``, or (IV) the trust satisfies the requirements of subclause (II)
applied by substituting `20 percent' for `10 percent' and the 3-
year average adjusted bases percentage for the taxable year (as
defined in subparagraph (G)) does not exceed 10 percent, or (V) the
trust satisfies the requirements of subclause (III) applied by
substituting `20 percent' for `10 percent' and the 3-year average
fair market value percentage for the taxable year (as defined in
subparagraph (H)) does not exceed 10 percent''.
(2) 3-year average adjusted bases and fair market value
percentages.--Paragraph (6) of section 857(b) is amended by
redesignating subparagraphs (G) and (H) as subparagraphs (I) and
(J), respectively, and by inserting after subparagraph (F) the
following new subparagraphs:
``(G) 3-year average adjusted bases percentage.--The term
`3-year average adjusted bases percentage' means, with respect
to any taxable year, the ratio (expressed as a percentage) of--
``(i) the aggregate adjusted bases (as determined for
purposes of computing earnings and profits) of property
(other than sales of foreclosure property or sales to which
section 1033 applies) sold during the 3 taxable year period
ending with such taxable year, divided by
``(ii) the sum of the aggregate adjusted bases (as so
determined) of all of the assets of the trust as of the
beginning of each of the 3 taxable years which are part of
the period referred to in clause (i).
``(H) 3-year average fair market value percentage.--The
term `3-year average fair market value percentage' means, with
respect to any taxable year, the ratio (expressed as a
percentage) of--
``(i) the fair market value of property (other than
sales of foreclosure property or sales to which section
1033 applies) sold during the 3 taxable year period ending
with such taxable year, divided by
``(ii) the sum of the fair market value of all of the
assets of the trust as of the beginning of each of the 3
taxable years which are part of the period referred to in
clause (i).''.
(3) Conforming amendments.--Clause (iv) of section 857(b)(6)(D)
is amended by adding ``or'' at the end of subclause (III) and by
adding at the end the following new subclauses:
``(IV) the trust satisfies the requirements of
subclause (II) applied by substituting `20 percent' for
`10 percent' and the 3-year average adjusted bases
percentage for the taxable year (as defined in
subparagraph (G)) does not exceed 10 percent, or
``(V) the trust satisfies the requirements of
subclause (III) applied by substituting `20 percent'
for `10 percent' and the 3-year average fair market
value percentage for the taxable year (as defined in
subparagraph (H)) does not exceed 10 percent,''.
(b) Application of Safe Harbors Independent of Determination
Whether Real Estate Asset Is Inventory Property.--
(1) In general.--Subparagraphs (C) and (D) of section 857(b)(6)
are each amended by striking ``and which is described in section
1221(a)(1)'' in the matter preceding clause (i).
(2) No inference from safe harbors.--Subparagraph (F) of
section 857(b)(6) is amended to read as follows:
``(F) No inference with respect to treatment as inventory
property.--The determination of whether property is described
in section 1221(a)(1) shall be made without regard to this
paragraph.''.
(c) Effective Dates.--
(1) In general.--The amendments made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act.
(2) Application of safe harbors.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by subsection (b) shall take effect as if
included in section 3051 of the Housing Assistance Tax Act of
2008.
(B) Retroactive application of no inference not applicable
to certain timber property previously treated as not inventory
property.--The amendment made by subsection (b)(2) shall not
apply to any sale of property to which section 857(b)(6)(G) of
the Internal Revenue Code of 1986 (as in effect on the day
before the date of the enactment of this Act) applies.
SEC. 314. REPEAL OF PREFERENTIAL DIVIDEND RULE FOR PUBLICLY OFFERED
REITS.
(a) In General.--Section 562(c) is amended by inserting ``or a
publicly offered REIT'' after ``a publicly offered regulated investment
company (as defined in section 67(c)(2)(B))''.
(b) Publicly Offered REIT.--Section 562(c), as amended by
subsection (a), is amended--
(1) by striking ``Except in the case of'' and inserting the
following:
``(1) In general.--Except in the case of'', and
(2) by adding at the end the following new paragraph:
``(2) Publicly offered reit.--For purposes of this subsection,
the term `publicly offered REIT' means a real estate investment
trust which is required to file annual and periodic reports with
the Securities and Exchange Commission under the Securities
Exchange Act of 1934.''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions in taxable years beginning after December 31,
2014.
SEC. 315. AUTHORITY FOR ALTERNATIVE REMEDIES TO ADDRESS CERTAIN
REIT DISTRIBUTION FAILURES.
(a) In General.--Subsection (e) of section 562 is amended--
(1) by striking ``In the case of a real estate investment
trust'' and inserting the following:
``(1) Determination of earnings and profits for purposes of
dividends paid deduction.--In the case of a real estate investment
trust'', and
(2) by adding at the end the following new paragraph:
``(2) Authority to provide alternative remedies for certain
failures.--In the case of a failure of a distribution by a real
estate investment trust to comply with the requirements of
subsection (c), the Secretary may provide an appropriate remedy to
cure such failure in lieu of not considering the distribution to be
a dividend for purposes of computing the dividends paid deduction
if--
``(A) the Secretary determines that such failure is
inadvertent or is due to reasonable cause and not due to
willful neglect, or
``(B) such failure is of a type of failure which the
Secretary has identified for purposes of this paragraph as
being described in subparagraph (A).''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions in taxable years beginning after December 31,
2015.
SEC. 316. LIMITATIONS ON DESIGNATION OF DIVIDENDS BY REITS.
(a) In General.--Section 857 is amended by redesignating subsection
(g) as subsection (h) and by inserting after subsection (f) the
following new subsection:
``(g) Limitations on Designation of Dividends.--
``(1) Overall limitation.--The aggregate amount of dividends
designated by a real estate investment trust under subsections
(b)(3)(C) and (c)(2)(A) with respect to any taxable year may not
exceed the dividends paid by such trust with respect to such year.
For purposes of the preceding sentence, dividends paid after the
close of the taxable year described in section 858 shall be treated
as paid with respect to such year.
``(2) Proportionality.--The Secretary may prescribe regulations
or other guidance requiring the proportionality of the designation
of particular types of dividends among shares or beneficial
interests of a real estate investment trust.''.
(b) Effective Date.--The amendments made by this section shall
apply to distributions in taxable years beginning after December 31,
2015.
SEC. 317. DEBT INSTRUMENTS OF PUBLICLY OFFERED REITS AND MORTGAGES
TREATED AS REAL ESTATE ASSETS.
(a) Debt Instruments of Publicly Offered REITs Treated as Real
Estate Assets.--
(1) In general.--Subparagraph (B) of section 856(c)(5) is
amended--
(A) by striking ``and shares'' and inserting ``, shares'',
and
(B) by inserting ``, and debt instruments issued by
publicly offered REITs'' before the period at the end of the
first sentence.
(2) Income from nonqualified debt instruments of publicly
offered reits not qualified for purposes of satisfying the 75
percent gross income test.--Subparagraph (H) of section 856(c)(3)
is amended by inserting ``(other than a nonqualified publicly
offered REIT debt instrument)'' after ``real estate asset''.
(3) 25 percent asset limitation on holding of nonqualified debt
instruments of publicly offered reits.--Subparagraph (B) of section
856(c)(4) is amended by redesignating clause (iii) as clause (iv)
and by inserting after clause (ii) the following new clause:
``(iii) not more than 25 percent of the value of its
total assets is represented by nonqualified publicly
offered REIT debt instruments, and''.
(4) Definitions related to debt instruments of publicly offered
reits.--Paragraph (5) of section 856(c) is amended by adding at the
end the following new subparagraph:
``(L) Definitions related to debt instruments of publicly
offered reits.--
``(i) Publicly offered reit.--The term `publicly
offered REIT' has the meaning given such term by section
562(c)(2).
``(ii) Nonqualified publicly offered reit debt
instrument.--The term `nonqualified publicly offered REIT
debt instrument' means any real estate asset which would
cease to be a real estate asset if subparagraph (B) were
applied without regard to the reference to `debt
instruments issued by publicly offered REITs'.''.
(b) Interests in Mortgages on Interests in Real Property Treated as
Real Estate Assets.--Subparagraph (B) of section 856(c)(5) is amended
by inserting ``or on interests in real property'' after ``interests in
mortgages on real property''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 318. ASSET AND INCOME TEST CLARIFICATION REGARDING ANCILLARY
PERSONAL PROPERTY.
(a) In General.--Subsection (c) of section 856, as amended by the
preceding provisions of this Act, is amended by redesignating paragraph
(9) as paragraph (10) and by inserting after paragraph (8) the
following new paragraph:
``(9) Special rules for certain personal property which is
ancillary to real property.--
``(A) Certain personal property leased in connection with
real property.--Personal property shall be treated as a real
estate asset for purposes of paragraph (4)(A) to the extent
that rents attributable to such personal property are treated
as rents from real property under subsection (d)(1)(C).
``(B) Certain personal property mortgaged in connection
with real property.--In the case of an obligation secured by a
mortgage on both real property and personal property, if the
fair market value of such personal property does not exceed 15
percent of the total fair market value of all such property,
such obligation shall be treated--
``(i) for purposes of paragraph (3)(B), as an
obligation described therein, and
``(ii) for purposes of paragraph (4)(A), as a real
estate asset.
For purposes of the preceding sentence, the fair market value
of all such property shall be determined in the same manner as
the fair market value of real property is determined for
purposes of apportioning interest income between real property
and personal property under paragraph (3)(B).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 319. HEDGING PROVISIONS.
(a) Modification to Permit the Termination of a Hedging Transaction
Using an Additional Hedging Instrument.--Subparagraph (G) of section
856(c)(5) is amended by striking ``and'' at the end of clause (i), by
striking the period at the end of clause (ii) and inserting ``, and'',
and by adding at the end the following new clause:
``(iii) if--
``(I) a real estate investment trust enters into
one or more positions described in clause (i) with
respect to indebtedness described in clause (i) or one
or more positions described in clause (ii) with respect
to property which generates income or gain described in
paragraph (2) or (3),
``(II) any portion of such indebtedness is
extinguished or any portion of such property is
disposed of, and
``(III) in connection with such extinguishment or
disposition, such trust enters into one or more
transactions which would be hedging transactions
described in clause (ii) or (iii) of section
1221(b)(2)(A) with respect to any position referred to
in subclause (I) if such position were ordinary
property,
any income of such trust from any position referred to in
subclause (I) and from any transaction referred to in
subclause (III) (including gain from the termination of any
such position or transaction) shall not constitute gross
income under paragraphs (2) and (3) to the extent that such
transaction hedges such position.''.
(b) Identification Requirements.--
(1) In general.--Subparagraph (G) of section 856(c)(5), as
amended by subsection (a), is amended by striking ``and'' at the
end of clause (ii), by striking the period at the end of clause
(iii) and inserting ``, and'', and by adding at the end the
following new clause:
``(iv) clauses (i), (ii), and (iii) shall not apply
with respect to any transaction unless such transaction
satisfies the identification requirement described in
section 1221(a)(7) (determined after taking into account
any curative provisions provided under the regulations
referred to therein).''.
(2) Conforming amendments.--Subparagraph (G) of section
856(c)(5) is amended--
(A) by striking ``which is clearly identified pursuant to
section 1221(a)(7)'' in clause (i), and
(B) by striking ``, but only if such transaction is clearly
identified as such before the close of the day on which it was
acquired, originated, or entered into (or such other time as
the Secretary may prescribe)'' in clause (ii).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 320. MODIFICATION OF REIT EARNINGS AND PROFITS CALCULATION TO
AVOID DUPLICATE TAXATION.
(a) Earnings and Profits Not Increased by Amounts Allowed in
Computing Taxable Income in Prior Years.--Section 857(d) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The earnings and profits of a real estate
investment trust for any taxable year (but not its accumulated
earnings) shall not be reduced by any amount which--
``(A) is not allowable in computing its taxable income for
such taxable year, and
``(B) was not allowable in computing its taxable income for
any prior taxable year.'', and
(2) by adding at the end the following new paragraphs:
``(4) Real estate investment trust.--For purposes of this
subsection, the term `real estate investment trust' includes a
domestic corporation, trust, or association which is a real estate
investment trust determined without regard to the requirements of
subsection (a).
``(5) Special rules for determining earnings and profits for
purposes of the deduction for dividends paid.--For special rules
for determining the earnings and profits of a real estate
investment trust for purposes of the deduction for dividends paid,
see section 562(e)(1).''.
(b) Exception for Purposes of Determining Dividends Paid
Deduction.--Section 562(e)(1), as amended by the preceding provisions
of this Act, is amended by striking ``deduction, the earnings'' and all
that follows and inserting the following: ``deduction--
``(A) the earnings and profits of such trust for any
taxable year (but not its accumulated earnings) shall be
increased by the amount of gain (if any) on the sale or
exchange of real property which is taken into account in
determining the taxable income of such trust for such taxable
year (and not otherwise taken into account in determining such
earnings and profits), and
``(B) section 857(d)(1) shall be applied without regard to
subparagraph (B) thereof.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 321. TREATMENT OF CERTAIN SERVICES PROVIDED BY TAXABLE REIT
SUBSIDIARIES.
(a) Taxable REIT Subsidiaries Treated in Same Manner as Independent
Contractors for Certain Purposes.--
(1) Marketing and development expenses under rental property
safe harbor.--Clause (v) of section 857(b)(6)(C) is amended by
inserting ``or a taxable REIT subsidiary'' before the period at the
end.
(2) Marketing expenses under timber safe harbor.--Clause (v) of
section 857(b)(6)(D) is amended by striking ``, in the case of a
sale on or before the termination date,''.
(3) Foreclosure property grace period.--Subparagraph (C) of
section 856(e)(4) is amended by inserting ``or through a taxable
REIT subsidiary'' after ``receive any income''.
(b) Tax on Redetermined TRS Service Income.--
(1) In general.--Subparagraph (A) of section 857(b)(7) is
amended by striking ``and excess interest'' and inserting ``excess
interest, and redetermined TRS service income''.
(2) Redetermined trs service income.--Paragraph (7) of section
857(b) is amended by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively, and inserting after
subparagraph (D) the following new subparagraph:
``(E) Redetermined trs service income.--
``(i) In general.--The term `redetermined TRS service
income' means gross income of a taxable REIT subsidiary of
a real estate investment trust attributable to services
provided to, or on behalf of, such trust (less deductions
properly allocable thereto) to the extent the amount of
such income (less such deductions) would (but for
subparagraph (F)) be increased on distribution,
apportionment, or allocation under section 482.
``(ii) Coordination with redetermined rents.--Clause
(i) shall not apply with respect to gross income
attributable to services furnished or rendered to a tenant
of the real estate investment trust (or to deductions
properly allocable thereto).''.
(3) Conforming amendments.--Subparagraphs (B)(i) and (C) of
section 857(b)(7) are each amended by striking ``subparagraph (E)''
and inserting ``subparagraph (F)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 322. EXCEPTION FROM FIRPTA FOR CERTAIN STOCK OF REITS.
(a) Modifications of Ownership Rules.--
(1) In general.--Section 897 is amended by adding at the end
the following new subsection:
``(k) Special Rules Relating to Real Estate Investment Trusts.--
``(1) Increase in percentage ownership for exceptions for
persons holding publicly traded stock.--
``(A) Dispositions.--In the case of any disposition of
stock in a real estate investment trust, paragraphs (3) and
(6)(C) of subsection (c) shall each be applied by substituting
`more than 10 percent' for `more than 5 percent'.
``(B) Distributions.--In the case of any distribution from
a real estate investment trust, subsection (h)(1) shall be
applied by substituting `10 percent' for `5 percent'.
``(2) Stock held by qualified shareholders not treated as
usrpi.--
``(A) In general.--Except as provided in subparagraph (B)--
``(i) stock of a real estate investment trust which is
held directly (or indirectly through 1 or more
partnerships) by a qualified shareholder shall not be
treated as a United States real property interest, and
``(ii) notwithstanding subsection (h)(1), any
distribution to a qualified shareholder shall not be
treated as gain recognized from the sale or exchange of a
United States real property interest to the extent the
stock of the real estate investment trust held by such
qualified shareholder is not treated as a United States
real property interest under clause (i).
``(B) Exception.--In the case of a qualified shareholder
with 1 or more applicable investors--
``(i) subparagraph (A)(i) shall not apply to so much of
the stock of a real estate investment trust held by a
qualified shareholder as bears the same ratio to the value
of the interests (other than interests held solely as a
creditor) held by such applicable investors in the
qualified shareholder bears to value of all interests
(other than interests held solely as a creditor) in the
qualified shareholder, and
``(ii) a percentage equal to the ratio determined under
clause (i) of the amounts realized by the qualified
shareholder with respect to any disposition of stock in the
real estate investment trust or with respect to any
distribution from the real estate investment trust
attributable to gain from sales or exchanges of a United
States real property interest shall be treated as amounts
realized from the disposition of United States real
property interests.
``(C) Special rule for certain distributions treated as
sale or exchange.--If a distribution by a real estate
investment trust is treated as a sale or exchange of stock
under section 301(c)(3), 302, or 331 with respect to a
qualified shareholder--
``(i) in the case of an applicable investor,
subparagraph (B) shall apply with respect to such
distribution, and
``(ii) in the case of any other person, such
distribution shall be treated under section 857(b)(3)(F) as
a dividend from a real estate investment trust
notwithstanding any other provision of this title.
``(D) Applicable investor.--For purposes of this paragraph,
the term `applicable investor' means, with respect to any
qualified shareholder holding stock in a real estate investment
trust, a person (other than a qualified shareholder) which--
``(i) holds an interest (other than an interest solely
as a creditor) in such qualified shareholder, and
``(ii) holds more than 10 percent of the stock of such
real estate investment trust (whether or not by reason of
the person's ownership interest in the qualified
shareholder).
``(E) Constructive ownership rules.--For purposes of
subparagraphs (B)(i) and (C) and paragraph (4), the
constructive ownership rules under subsection (c)(6)(C) shall
apply.
``(3) Qualified shareholder.--For purposes of this subsection--
``(A) In general.--The term `qualified shareholder' means a
foreign person which--
``(i)(I) is eligible for benefits of a comprehensive
income tax treaty with the United States which includes an
exchange of information program and the principal class of
interests of which is listed and regularly traded on 1 or
more recognized stock exchanges (as defined in such
comprehensive income tax treaty), or
``(II) is a foreign partnership that is created or
organized under foreign law as a limited partnership in a
jurisdiction that has an agreement for the exchange of
information with respect to taxes with the United States
and has a class of limited partnership units which is
regularly traded on the New York Stock Exchange or Nasdaq
Stock Market and such class of limited partnership units
value is greater than 50 percent of the value of all the
partnership units,
``(ii) is a qualified collective investment vehicle,
and
``(iii) maintains records on the identity of each
person who, at any time during the foreign person's taxable
year, holds directly 5 percent or more of the class of
interest described in subclause (I) or (II) of clause (i),
as the case may be.
``(B) Qualified collective investment vehicle.--For
purposes of this subsection, the term `qualified collective
investment vehicle' means a foreign person--
``(i) which, under the comprehensive income tax treaty
described in subparagraph (A)(i), is eligible for a reduced
rate of withholding with respect to ordinary dividends paid
by a real estate investment trust even if such person holds
more than 10 percent of the stock of such real estate
investment trust,
``(ii) which--
``(I) is a publicly traded partnership (as defined
in section 7704(b)) to which subsection (a) of section
7704 does not apply,
``(II) is a withholding foreign partnership for
purposes of chapters 3, 4, and 61,
``(III) if such foreign partnership were a United
States corporation, would be a United States real
property holding corporation (determined without regard
to paragraph (1)) at any time during the 5-year period
ending on the date of disposition of, or distribution
with respect to, such partnership's interests in a real
estate investment trust, or
``(iii) which is designated as a qualified collective
investment vehicle by the Secretary and is either--
``(I) fiscally transparent within the meaning of
section 894, or
``(II) required to include dividends in its gross
income, but entitled to a deduction for distributions
to persons holding interests (other than interests
solely as a creditor) in such foreign person.
``(4) Partnership allocations.--
``(A) In general.--For the purposes of this subsection, in
the case of an applicable investor who is a nonresident alien
individual or a foreign corporation and is a partner in a
partnership that is a qualified shareholder, if such partner's
proportionate share of USRPI gain for the taxable year exceeds
such partner's distributive share of USRPI gain for the taxable
year, then
``(i) such partner's distributive share of the amount
of gain taken into account under subsection (a)(1) by the
partner for the taxable year (determined without regard to
this paragraph) shall be increased by the amount of such
excess, and
``(ii) such partner's distributive share of items of
income or gain for the taxable year that are not treated as
gain taken into account under subsection (a)(1) (determined
without regard to this paragraph) shall be decreased (but
not below zero) by the amount of such excess.
``(B) USRPI gain.--For the purposes of this paragraph, the
term `USRPI gain' means the excess (if any) of--
``(i) the sum of--
``(I) any gain recognized from the disposition of a
United States real property interest, and
``(II) any distribution by a real estate investment
trust that is treated as gain recognized from the sale
or exchange of a United States real property interest,
over
``(ii) any loss recognized from the disposition of a
United States real property interest.
``(C) Proportionate share of usrpi gain.--For purposes of
this paragraph, an applicable investor's proportionate share of
USRPI gain shall be determined on the basis of such investor's
share of partnership items of income or gain (excluding gain
allocated under section 704(c)), whichever results in the
largest proportionate share. If the investor's share of
partnership items of income or gain (excluding gain allocated
under section 704(c)) may vary during the period such investor
is a partner in the partnership, such share shall be the
highest share such investor may receive.''.
(2) Conforming amendments.--
(A) Section 897(c)(1)(A) is amended by inserting ``or
subsection (k)'' after ``subparagraph (B)'' in the matter
preceding clause (i).
(B) Section 857(b)(3)(F) is amended by inserting ``or
subparagraph (A)(ii) or (C) of section 897(k)(2)'' after
``897(h)(1)''.
(b) Determination of Domestic Control.--
(1) Special ownership rules.--
(A) In general.--Section 897(h)(4) is amended by adding at
the end the following new subparagraph:
``(E) Special ownership rules.--For purposes of determining
the holder of stock under subparagraphs (B) and (C)--
``(i) in the case of any class of stock of the
qualified investment entity which is regularly traded on an
established securities market in the United States, a
person holding less than 5 percent of such class of stock
at all times during the testing period shall be treated as
a United States person unless the qualified investment
entity has actual knowledge that such person is not a
United States person,
``(ii) any stock in the qualified investment entity
held by another qualified investment entity--
``(I) any class of stock of which is regularly
traded on an established securities market, or
``(II) which is a regulated investment company
which issues redeemable securities (within the meaning
of section 2 of the Investment Company Act of 1940),
shall be treated as held by a foreign person, except that
if such other qualified investment entity is domestically
controlled (determined after application of this
subparagraph), such stock shall be treated as held by a
United States person, and
``(iii) any stock in the qualified investment entity
held by any other qualified investment entity not described
in subclause (I) or (II) of clause (ii) shall only be
treated as held by a United States person in proportion to
the stock of such other qualified investment entity which
is (or is treated under clause (ii) or (iii) as) held by a
United States person.''.
(B) Conforming amendment.--The heading for paragraph (4) of
section 897(h) is amended by inserting ``and special rules''
after ``Definitions''.
(2) Technical amendment.--Clause (ii) of section 897(h)(4)(A)
is amended by inserting ``and for purposes of determining whether a
real estate investment trust is a domestically controlled qualified
investment entity under this subsection'' after ``real estate
investment trust''.
(c) Effective Dates.--
(1) In general.--The amendments made by subsection (a) shall
take effect on the date of enactment and shall apply to--
(A) any disposition on and after the date of the enactment
of this Act, and
(B) any distribution by a real estate investment trust on
or after the date of the enactment of this Act which is treated
as a deduction for a taxable year of such trust ending after
such date.
(2) Determination of domestic control.--The amendments made by
subsection (b)(1) shall take effect on the date of the enactment of
this Act.
(3) Technical amendment.--The amendment made by subsection
(b)(2) shall take effect on January 1, 2015.
SEC. 323. EXCEPTION FOR INTERESTS HELD BY FOREIGN RETIREMENT OR
PENSION FUNDS.
(a) In General.--Section 897, as amended by the preceding
provisions of this Act, is amended by adding at the end the following
new subsection:
``(l) Exception for Interests Held by Foreign Pension Funds.--
``(1) In general.--This section shall not apply to any United
States real property interest held directly (or indirectly through
1 or more partnerships) by, or to any distribution received from a
real estate investment trust by--
``(A) a qualified foreign pension fund, or
``(B) any entity all of the interests of which are held by
a qualified foreign pension fund.
``(2) Qualified foreign pension fund.--For purposes of this
subsection, the term `qualified foreign pension fund' means any
trust, corporation, or other organization or arrangement--
``(A) which is created or organized under the law of a
country other than the United States,
``(B) which is established to provide retirement or pension
benefits to participants or beneficiaries that are current or
former employees (or persons designated by such employees) of
one or more employers in consideration for services rendered,
``(C) which does not have a single participant or
beneficiary with a right to more than five percent of its
assets or income,
``(D) which is subject to government regulation and
provides annual information reporting about its beneficiaries
to the relevant tax authorities in the country in which it is
established or operates, and
``(E) with respect to which, under the laws of the country
in which it is established or operates--
``(i) contributions to such trust, corporation,
organization, or arrangement which would otherwise be
subject to tax under such laws are deductible or excluded
from the gross income of such entity or taxed at a reduced
rate, or
``(ii) taxation of any investment income of such trust,
corporation, organization or arrangement is deferred or
such income is taxed at a reduced rate.
``(3) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this subsection.''.
(b) Exemption From Withholding.--Section 1445(f)(3) is amended by
striking ``any person'' and all that follows and inserting the
following: ``any person other than--
``(A) a United States person, and
``(B) except as otherwise provided by the Secretary, an
entity with respect to which section 897 does not apply by
reason of subsection (l) thereof.''.
(c) Effective Date.--The amendments made by this section shall
apply to dispositions and distributions after the date of the enactment
of this Act.
SEC. 324. INCREASE IN RATE OF WITHHOLDING OF TAX ON DISPOSITIONS OF
UNITED STATES REAL PROPERTY INTERESTS.
(a) In General.--Subsections (a), (e)(3), (e)(4), and (e)(5) of
section 1445 are each amended by striking ``10 percent'' and inserting
``15 percent''.
(b) Exception for Certain Residences.--Section 1445(c) is amended
by adding at the end the following new paragraph:
``(4) Reduced rate of withholding for residence where amount
realized does not exceed $1,000,000.--In the case of a
disposition--
``(A) of property which is acquired by the transferee for
use by the transferee as a residence,
``(B) with respect to which the amount realized for such
property does not exceed $1,000,000, and
``(C) to which subsection (b)(5) does not apply,
subsection (a) shall be applied by substituting `10 percent' for
`15 percent'.''.
(c) Effective Date.--The amendments made by this section shall
apply to dispositions after the date which is 60 days after the date of
the enactment of this Act.
SEC. 325. INTERESTS IN RICS AND REITS NOT EXCLUDED FROM DEFINITION
OF UNITED STATES REAL PROPERTY INTERESTS.
(a) In General.--Section 897(c)(1)(B) is amended by striking
``and'' at the end of clause (i), by striking the period at the end of
clause (ii)(II) and inserting ``, and'', and by adding at the end the
following new clause:
``(iii) neither such corporation nor any predecessor of
such corporation was a regulated investment company or a
real estate investment trust at any time during the shorter
of the periods described in subparagraph (A)(ii).''.
(b) Effective Date.--The amendment made by this section shall apply
to dispositions on or after the date of the enactment of this Act.
SEC. 326. DIVIDENDS DERIVED FROM RICS AND REITS INELIGIBLE FOR
DEDUCTION FOR UNITED STATES SOURCE PORTION OF DIVIDENDS FROM
CERTAIN FOREIGN CORPORATIONS.
(a) In General.--Section 245(a) is amended by adding at the end the
following new paragraph:
``(12) Dividends derived from rics and reits ineligible for
deduction.--Regulated investment companies and real estate
investment trusts shall not be treated as domestic corporations for
purposes of paragraph (5)(B).''.
(b) Effective Date.--The amendment made by this section shall apply
to dividends received from regulated investment companies and real
estate investment trusts on or after the date of the enactment of this
Act.
(c) No Inference.--Nothing contained in this section or the
amendments made by this section shall be construed to create any
inference with respect to the proper treatment under section 245 of the
Internal Revenue Code of 1986 of dividends received from regulated
investment companies or real estate investment trusts before the date
of the enactment of this Act.
Subtitle C--Additional Provisions
SEC. 331. DEDUCTIBILITY OF CHARITABLE CONTRIBUTIONS TO AGRICULTURAL
RESEARCH ORGANIZATIONS.
(a) In General.--Subparagraph (A) of section 170(b)(1) is amended
by striking ``or'' at the end of clause (vii), by striking the comma at
the end of clause (viii) and inserting ``, or'', and by inserting after
clause (viii) the following new clause:
``(ix) an agricultural research organization directly
engaged in the continuous active conduct of agricultural
research (as defined in section 1404 of the Agricultural
Research, Extension, and Teaching Policy Act of 1977) in
conjunction with a land-grant college or university (as
defined in such section) or a non-land grant college of
agriculture (as defined in such section), and during the
calendar year in which the contribution is made such
organization is committed to spend such contribution for
such research before January 1 of the fifth calendar year
which begins after the date such contribution is made,''.
(b) Expenditures To Influence Legislation.--Paragraph (4) of
section 501(h) is amended by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively, and by inserting after
subparagraph (D) the following new subparagraph:
``(E) section 170(b)(1)(A)(ix) (relating to agricultural
research organizations),''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made on and after the date of the enactment of
this Act.
SEC. 332. REMOVAL OF BOND REQUIREMENTS AND EXTENDING FILING PERIODS
FOR CERTAIN TAXPAYERS WITH LIMITED EXCISE TAX LIABILITY.
(a) Filing Requirements.--Paragraph (4) of section 5061(d) of the
Internal Revenue Code of 1986 is amended--
(1) in subparagraph (A)--
(A) by striking ``In the case of'' and inserting the
following:
``(i) More than $1,000 and not more than $50,000 in
taxes.--Except as provided in clause (ii), in the case
of'',
(B) by striking ``under bond for deferred payment'', and
(C) by adding at the end the following new clause:
``(ii) Not more than $1,000 in taxes.--In the case of
any taxpayer who reasonably expects to be liable for not
more than $1,000 in taxes imposed with respect to distilled
spirits, wines, and beer under subparts A, C, and D and
section 7652 for the calendar year and who was liable for
not more than $1,000 in such taxes in the preceding
calendar year, the last day for the payment of tax on
withdrawals, removals, and entries (and articles brought
into the United States from Puerto Rico) shall be the 14th
day after the last day of the calendar year.'', and
(2) in subparagraph (B)--
(A) by striking ``Subparagraph (A)'' and inserting the
following:
``(i) Exceeds $50,000 limit.--Subparagraph (A)(i)'',
and
(B) by adding at the end the following new clause:
``(ii) Exceeds $1,000 limit.--Subparagraph (A)(ii)
shall not apply to any taxpayer for any portion of the
calendar year following the first date on which the
aggregate amount of tax due under subparts A, C, and D and
section 7652 from such taxpayer during such calendar year
exceeds $1,000, and any tax under such subparts which has
not been paid on such date shall be due on the 14th day
after the last day of the calendar quarter in which such
date occurs.''.
(b) Bond Requirements.--
(1) In general.--Section 5551 of such Code is amended--
(A) in subsection (a), by striking ``No individual'' and
inserting ``Except as provided under subsection (d), no
individual'', and
(B) by adding at the end the following new subsection:
``(d) Removal of Bond Requirements.--
``(1) In general.--During any period to which subparagraph (A)
of section 5061(d)(4) applies to a taxpayer (determined after
application of subparagraph (B) thereof), such taxpayer shall not
be required to furnish any bond covering operations or withdrawals
of distilled spirits or wines for nonindustrial use or of beer.
``(2) Satisfaction of bond requirements.--Any taxpayer for any
period described in paragraph (1) shall be treated as if sufficient
bond has been furnished for purposes of covering operations and
withdrawals of distilled spirits or wines for nonindustrial use or
of beer for purposes of any requirements relating to bonds under
this chapter.''.
(2) Conforming amendments.--
(A) Bonds for distilled spirits plants.--Section 5173(a) of
such Code is amended--
(i) in paragraph (1), by striking ``No person'' and
inserting ``Except as provided under section 5551(d), no
person'', and
(ii) in paragraph (2), by striking ``No distilled
spirits'' and inserting ``Except as provided under section
5551(d), no distilled spirits''.
(B) Bonded wine cellars.--Section 5351 of such Code is
amended--
(i) by striking ``Any person'' and inserting the
following:
``(a) In General.--Any person'',
(ii) by inserting ``, except as provided under section
5551(d),'' before ``file bond'',
(iii) by striking ``Such premises shall'' and all that
follows through the period, and
(iv) by adding at the end the following new subsection:
``(b) Definitions.--For purposes of this chapter--
``(1) Bonded wine cellar.--The term `bonded wine cellar' means
any premises described in subsection (a), including any such
premises established by a taxpayer described in section 5551(d).
``(2) Bonded winery.--At the discretion of the Secretary, any
bonded wine cellar that engages in production operations may be
designated as a `bonded winery'.''.
(C) Bonds for breweries.--Section 5401 of such Code is
amended by adding at the end the following new subsection:
``(c) Exception From Bond Requirements for Certain Breweries.--
Subsection (b) shall not apply to any taxpayer for any period described
in section 5551(d).''.
(c) Effective Date.--The amendments made by this section shall
apply to any calendar quarters beginning more than 1 year after the
date of the enactment of this Act.
SEC. 333. MODIFICATIONS TO ALTERNATIVE TAX FOR CERTAIN SMALL
INSURANCE COMPANIES.
(a) Additional Requirement for Companies to Which Alternative Tax
Applies.--
(1) Added requirement.--
(A) In general.--Subparagraph (A) of section 831(b)(2) is
amended--
(i) by striking ``(including interinsurers and
reciprocal underwriters)'', and
(ii) by striking ``and'' at the end of clause (i), by
redesignating clause (ii) as clause (iii), and by inserting
after clause (i) the following new clause:
``(ii) such company meets the diversification
requirements of subparagraph (B), and''.
(B) Diversification requirement.--Paragraph (2) of section
831(b) is amended by redesignating subparagraphs (B) as
subparagraph (C) and by inserting after subparagraph (A) the
following new subparagraph:
``(B) Diversification requirements.--
``(i) In general.--An insurance company meets the
requirements of this subparagraph if--
``(I) no more than 20 percent of the net written
premiums (or, if greater, direct written premiums) of
such company for the taxable year is attributable to
any one policyholder, or
``(II) such insurance company does not meet the
requirement of subclause (I) and no person who holds
(directly or indirectly) an interest in such insurance
company is a specified holder who holds (directly or
indirectly) aggregate interests in such insurance
company which constitute a percentage of the entire
interests in such insurance company which is more than
a de minimis percentage higher than the percentage of
interests in the specified assets with respect to such
insurance company held (directly or indirectly) by such
specified holder.
``(ii) Definitions.--For purposes of clause (i)(II)--
``(I) Specified holder.--The term `specified
holder' means, with respect to any insurance company,
any individual who holds (directly or indirectly) an
interest in such insurance company and who is a spouse
or lineal descendant (including by adoption) of an
individual who holds an interest (directly or
indirectly) in the specified assets with respect to
such insurance company.
``(II) Specified assets.--The term `specified
assets' means, with respect to any insurance company,
the trades or businesses, rights, or assets with
respect to which the net written premiums (or direct
written premiums) of such insurance company are paid.
``(III) Indirect interest.--An indirect interest
includes any interest held through a trust, estate,
partnership, or corporation.
``(IV) De minimis.--Except as otherwise provided by
the Secretary in regulations or other guidance, 2
percentage points or less shall be treated as de
minimis.''.
(C) Conforming amendments.--The second sentence section
831(b)(2)(A) is amended--
(i) by striking ``clause (ii)'' and inserting ``clause
(iii)'', and
(ii) by striking ``clause (i)'' and inserting ``clauses
(i) and (ii)''.
(2) Treatment of related policyholders.--Clause (i) of section
831(b)(2)(C), as redesignated by paragraph (1)(B), is amended--
(A) by striking ``For purposes of subparagraph (A), in
determining'' and inserting ``For purposes of this paragraph--
``(I) in determining'',
(B) by striking the period at the end and inserting ``,
and'', and
(C) by adding at the end the following new subclause:
``(II) in determining the attribution of premiums
to any policyholder under subparagraph (B)(i), all
policyholders which are related (within the meaning of
section 267(b) or 707(b)) or are members of the same
controlled group shall be treated as one
policyholder.''.
(3) Reporting.--Section 831 is amended by redesignating
subsection (d) as subsection (e) and by inserting after subsection
(c) the following new subsection:
``(d) Reporting.--Every insurance company for which an election is
in effect under subsection (b) for any taxable year shall furnish to
the Secretary at such time and in such manner as the Secretary shall
prescribe such information for such taxable year as the Secretary shall
require with respect to the requirements of subsection
(b)(2)(A)(ii).''.
(b) Increase in Limitation on Premiums.--
(1) In general.--Clause (i) of section 831(b)(2)(A) is amended
by striking ``$1,200,000'' and inserting ``$2,200,000''.
(2) Inflation adjustment.--Paragraph (2) of section 831(b), as
amended by subsection (a)(1)(B), is amended by adding at the end
the following new subparagraph:
``(D) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2015, the dollar amount
set forth in subparagraph (A)(i) shall be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2013' for `calendar year 1992' in
subparagraph (B) thereof.
If the amount as adjusted under the preceding sentence is not a
multiple of $50,000, such amount shall be rounded to the next
lowest multiple of $50,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 334. TREATMENT OF TIMBER GAINS.
(a) In General.--Section 1201(b) is amended to read as follows:
``(b) Special Rate for Qualified Timber Gains.--
``(1) In general.--If, for any taxable year beginning in 2016,
a corporation has both a net capital gain and qualified timber
gain--
``(A) subsection (a) shall apply to such corporation for
the taxable year without regard to whether the applicable tax
rate exceeds 35 percent, and
``(B) the tax computed under subsection (a)(2) shall be
equal to the sum of--
``(i) 23.8 percent of the least of--
``(I) qualified timber gain,
``(II) net capital gain, or
``(III) taxable income, plus
``(ii) 35 percent of the excess (if any) of taxable
income over the sum of the amounts for which a tax was
determined under subsection (a)(1) and clause (i).
``(2) Qualified timber gain.--For purposes of this section, the
term `qualified timber gain' means, with respect to any taxpayer
for any taxable year, the excess (if any) of--
``(A) the sum of the taxpayer's gains described in
subsections (a) and (b) of section 631 for such year, over
``(B) the sum of the taxpayer's losses described in such
subsections for such year.
For purposes of subparagraphs (A) and (B), only timber held more
than 15 years shall be taken into account.''.
(b) Conforming Amendment.--Section 55(b) is amended by striking
paragraph (4).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 335. MODIFICATION OF DEFINITION OF HARD CIDER.
(a) In General.--Section 5041 of the Internal Revenue Code of 1986
is amended--
(1) in paragraph (6) of subsection (b), by striking ``which is
a still wine'' and all that follows through ``alcohol by volume'',
and
(2) by adding at the end the following new subsection:
``(g) Hard Cider.--For purposes of subsection (b)(6), the term
`hard cider' means a wine--
``(1) containing not more than 0.64 gram of carbon dioxide per
hundred milliliters of wine, except that the Secretary may by
regulations prescribe such tolerances to this limitation as may be
reasonably necessary in good commercial practice,
``(2) which is derived primarily--
``(A) from apples or pears, or
``(B) from--
``(i) apple juice concentrate or pear juice
concentrate, and
``(ii) water,
``(3) which contains no fruit product or fruit flavoring other
than apple or pear, and
``(4) which contains at least one-half of 1 percent and less
than 8.5 percent alcohol by volume.''.
(b) Effective Date.--The amendments made by this section shall
apply to hard cider removed during calendar years beginning after
December 31, 2016.
SEC. 336. CHURCH PLAN CLARIFICATION.
(a) Application of Controlled Group Rules to Church Plans.--
(1) In general.--Section 414(c) is amended--
(A) by striking ``For purposes'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), for
purposes'', and
(B) by adding at the end the following new paragraph:
``(2) Special rules relating to church plans.--
``(A) General rule.--Except as provided in subparagraphs
(B) and (C), for purposes of this subsection and subsection
(m), an organization that is otherwise eligible to participate
in a church plan shall not be aggregated with another such
organization and treated as a single employer with such other
organization for a plan year beginning in a taxable year
unless--
``(i) one such organization provides (directly or
indirectly) at least 80 percent of the operating funds for
the other organization during the preceding taxable year of
the recipient organization, and
``(ii) there is a degree of common management or
supervision between the organizations such that the
organization providing the operating funds is directly
involved in the day-to-day operations of the other
organization.
``(B) Nonqualified church-controlled organizations.--
Notwithstanding subparagraph (A), for purposes of this
subsection and subsection (m), an organization that is a
nonqualified church-controlled organization shall be aggregated
with 1 or more other nonqualified church-controlled
organizations, or with an organization that is not exempt from
tax under section 501, and treated as a single employer with
such other organization, if at least 80 percent of the
directors or trustees of such other organization are either
representatives of, or directly or indirectly controlled by,
such nonqualified church-controlled organization. For purposes
of this subparagraph, the term `nonqualified church-controlled
organization' means a church-controlled tax-exempt organization
described in section 501(c)(3) that is not a qualified church-
controlled organization (as defined in section 3121(w)(3)(B)).
``(C) Permissive aggregation among church-related
organizations.--The church or convention or association of
churches with which an organization described in subparagraph
(A) is associated (within the meaning of subsection (e)(3)(D)),
or an organization designated by such church or convention or
association of churches, may elect to treat such organizations
as a single employer for a plan year. Such election, once made,
shall apply to all succeeding plan years unless revoked with
notice provided to the Secretary in such manner as the
Secretary shall prescribe.
``(D) Permissive disaggregation of church-related
organizations.--For purposes of subparagraph (A), in the case
of a church plan, an employer may elect to treat churches (as
defined in section 403(b)(12)(B)) separately from entities that
are not churches (as so defined), without regard to whether
such entities maintain separate church plans. Such election,
once made, shall apply to all succeeding plan years unless
revoked with notice provided to the Secretary in such manner as
the Secretary shall prescribe.''.
(2) Clarification relating to application of anti-abuse rule.--
The rule of 26 CFR 1.414(c)-5(f) shall continue to apply to each
paragraph of section 414(c) of the Internal Revenue Code of 1986,
as amended by paragraph (1).
(3) Effective date.--The amendments made by paragraph (1) shall
apply to years beginning before, on, or after the date of the
enactment of this Act.
(b) Application of Contribution and Funding Limitations to 403(b)
Grandfathered Defined Benefit Plans.--
(1) In general.--Section 251(e)(5) of the Tax Equity and Fiscal
Responsibility Act of 1982 (Public Law 97-248), is amended--
(A) by striking ``403(b)(2)'' and inserting ``403(b)'', and
(B) by inserting before the period at the end the
following: ``, and shall be subject to the applicable
limitations of section 415(b) of such Code as if it were a
defined benefit plan under section 401(a) of such Code (and not
to the limitations of section 415(c) of such Code).''.
(2) Effective date.--The amendments made by this subsection
shall apply to years beginning before, on, or after the date of the
enactment of this Act.
(c) Automatic Enrollment by Church Plans.--
(1) In general.--This subsection shall supersede any law of a
State that relates to wage, salary, or payroll payment, collection,
deduction, garnishment, assignment, or withholding which would
directly or indirectly prohibit or restrict the inclusion in any
church plan (as defined in section 414(e) of the Internal Revenue
Code of 1986) of an automatic contribution arrangement.
(2) Definition of automatic contribution arrangement.--For
purposes of this subsection, the term ``automatic contribution
arrangement'' means an arrangement--
(A) under which a participant may elect to have the plan
sponsor or the employer make payments as contributions under
the plan on behalf of the participant, or to the participant
directly in cash,
(B) under which a participant is treated as having elected
to have the plan sponsor or the employer make such
contributions in an amount equal to a uniform percentage of
compensation provided under the plan until the participant
specifically elects not to have such contributions made (or
specifically elects to have such contributions made at a
different percentage), and
(C) under which the notice and election requirements of
paragraph (3), and the investment requirements of paragraph
(4), are satisfied.
(3) Notice requirements.--
(A) In general.--The plan sponsor of, or plan administrator
or employer maintaining, an automatic contribution arrangement
shall, within a reasonable period before the first day of each
plan year, provide to each participant to whom the arrangement
applies for such plan year notice of the participant's rights
and obligations under the arrangement which--
(i) is sufficiently accurate and comprehensive to
apprise the participant of such rights and obligations, and
(ii) is written in a manner calculated to be understood
by the average participant to whom the arrangement applies.
(B) Election requirements.--A notice shall not be treated
as meeting the requirements of subparagraph (A) with respect to
a participant unless--
(i) the notice includes an explanation of the
participant's right under the arrangement not to have
elective contributions made on the participant's behalf (or
to elect to have such contributions made at a different
percentage),
(ii) the participant has a reasonable period of time,
after receipt of the explanation described in clause (i)
and before the first elective contribution is made, to make
such election, and
(iii) the notice explains how contributions made under
the arrangement will be invested in the absence of any
investment election by the participant.
(4) Default investment.--If no affirmative investment election
has been made with respect to any automatic contribution
arrangement, contributions to such arrangement shall be invested in
a default investment selected with the care, skill, prudence, and
diligence that a prudent person selecting an investment option
would use.
(5) Effective date.--This subsection shall take effect on the
date of the enactment of this Act.
(d) Allow Certain Plan Transfers and Mergers.--
(1) In general.--Section 414 is amended by adding at the end
the following new subsection:
``(z) Certain Plan Transfers and Mergers.--
``(1) In general.--Under rules prescribed by the Secretary,
except as provided in paragraph (2), no amount shall be includible
in gross income by reason of--
``(A) a transfer of all or a portion of the accrued benefit
of a participant or beneficiary, whether or not vested, from a
church plan that is a plan described in section 401(a) or an
annuity contract described in section 403(b) to an annuity
contract described in section 403(b), if such plan and annuity
contract are both maintained by the same church or convention
or association of churches,
``(B) a transfer of all or a portion of the accrued benefit
of a participant or beneficiary, whether or not vested, from an
annuity contract described in section 403(b) to a church plan
that is a plan described in section 401(a), if such plan and
annuity contract are both maintained by the same church or
convention or association of churches, or
``(C) a merger of a church plan that is a plan described in
section 401(a), or an annuity contract described in section
403(b), with an annuity contract described in section 403(b),
if such plan and annuity contract are both maintained by the
same church or convention or association of churches.
``(2) Limitation.--Paragraph (1) shall not apply to a transfer
or merger unless the participant's or beneficiary's total accrued
benefit immediately after the transfer or merger is equal to or
greater than the participant's or beneficiary's total accrued
benefit immediately before the transfer or merger, and such total
accrued benefit is nonforfeitable after the transfer or merger.
``(3) Qualification.--A plan or annuity contract shall not fail
to be considered to be described in section 401(a) or 403(b) merely
because such plan or annuity contract engages in a transfer or
merger described in this subsection.
``(4) Definitions.--For purposes of this subsection--
``(A) Church or convention or association of churches.--The
term `church or convention or association of churches' includes
an organization described in subparagraph (A) or (B)(ii) of
subsection (e)(3).
``(B) Annuity contract.--The term `annuity contract'
includes a custodial account described in section 403(b)(7) and
a retirement income account described in section 403(b)(9).
``(C) Accrued benefit.--The term `accrued benefit' means--
``(i) in the case of a defined benefit plan, the
employee's accrued benefit determined under the plan, and
``(ii) in the case of a plan other than a defined
benefit plan, the balance of the employee's account under
the plan.''.
(2) Effective date.--The amendment made by this subsection
shall apply to transfers or mergers occurring after the date of the
enactment of this Act.
(e) Investments by Church Plans in Collective Trusts.--
(1) In general.--In the case of--
(A) a church plan (as defined in section 414(e) of the
Internal Revenue Code of 1986), including a plan described in
section 401(a) of such Code and a retirement income account
described in section 403(b)(9) of such Code, and
(B) an organization described in section 414(e)(3)(A) of
such Code the principal purpose or function of which is the
administration of such a plan or account,
the assets of such plan, account, or organization (including any
assets otherwise permitted to be commingled for investment purposes
with the assets of such a plan, account, or organization) may be
invested in a group trust otherwise described in Internal Revenue
Service Revenue Ruling 81-100 (as modified by Internal Revenue
Service Revenue Rulings 2004-67, 2011-1, and 2014-24), or any
subsequent revenue ruling that supersedes or modifies such revenue
ruling, without adversely affecting the tax status of the group
trust, such plan, account, or organization, or any other plan or
trust that invests in the group trust.
(2) Effective date.--This subsection shall apply to investments
made after the date of the enactment of this Act.
Subtitle D--Revenue Provisions
SEC. 341. UPDATED ASHRAE STANDARDS FOR ENERGY EFFICIENT COMMERCIAL
BUILDINGS DEDUCTION.
(a) In General.--Paragraph (1) of section 179D(c) is amended by
striking ``Standard 90.1-2001'' each place it appears and inserting
``Standard 90.1-2007''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 179D(c) is amended to read as
follows:
``(2) Standard 90.1-2007.--The term `Standard 90.1-2007' means
Standard 90.1-2007 of the American Society of Heating,
Refrigerating, and Air Conditioning Engineers and the Illuminating
Engineering Society of North America (as in effect on the day
before the date of the adoption of Standard 90.1-2010 of such
Societies).''.
(2) Subsection (f) of section 179D is amended by striking
``Standard 90.1-2001'' each place it appears in paragraphs (1) and
(2)(C)(i) and inserting ``Standard 90.1-2007''.
(3) Paragraph (1) of section 179D(f) is amended--
(A) by striking ``Table 9.3.1.1'' and inserting ``Table
9.5.1'', and
(B) by striking ``Table 9.3.1.2'' and inserting ``Table
9.6.1''.
(c) Effective Date.--The amendments made by this subsection shall
apply to property placed in service after December 31, 2015.
SEC. 342. EXCISE TAX CREDIT EQUIVALENCY FOR LIQUIFIED PETROLEUM GAS
AND LIQUIFIED NATURAL GAS.
(a) In General.--Section 6426 is amended by adding at the end the
following new subsection:
``(j) Energy Equivalency Determinations for Liquefied Petroleum Gas
and Liquefied Natural Gas.--For purposes of determining any credit
under this section, any reference to the number of gallons of an
alternative fuel or the gasoline gallon equivalent of such a fuel shall
be treated as a reference to--
``(1) in the case of liquefied petroleum gas, the energy
equivalent of a gallon of gasoline, as defined in section
4041(a)(2)(C), and
``(2) in the case of liquefied natural gas, the energy
equivalent of a gallon of diesel, as defined in section
4041(a)(2)(D).''.
(b) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2015.
SEC. 343. EXCLUSION FROM GROSS INCOME OF CERTAIN CLEAN COAL POWER
GRANTS TO NON-CORPORATE TAXPAYERS.
(a) General Rule.--In the case of an eligible taxpayer other than a
corporation, gross income for purposes of the Internal Revenue Code of
1986 shall not include any amount received under section 402 of the
Energy Policy Act of 2005.
(b) Reduction in Basis.--The basis of any property subject to the
allowance for depreciation under the Internal Revenue Code of 1986
which is acquired with any amount to which subsection (a) applies
during the 12-month period beginning on the day such amount is received
shall be reduced by an amount equal to such amount. The excess (if any)
of such amount over the amount of the reduction under the preceding
sentence shall be applied to the reduction (as of the last day of the
period specified in the preceding sentence) of the basis of any other
property held by the taxpayer. The particular properties to which the
reductions required by this subsection are allocated shall be
determined by the Secretary of the Treasury (or the Secretary's
delegate) under regulations similar to the regulations under section
362(c)(2) of such Code.
(c) Limitation to Amounts Which Would Be Contributions to
Capital.--Subsection (a) shall not apply to any amount unless such
amount, if received by a corporation, would be excluded from gross
income under section 118 of the Internal Revenue Code of 1986.
(d) Eligible Taxpayer.--For purposes of this section, with respect
to any amount received under section 402 of the Energy Policy Act of
2005, the term ``eligible taxpayer'' means a taxpayer that makes a
payment to the Secretary of the Treasury (or the Secretary's delegate)
equal to 1.18 percent of the amount so received. Such payment shall be
made at such time and in such manner as such Secretary (or the
Secretary's delegate) shall prescribe. In the case of a partnership,
such Secretary (or the Secretary's delegate) shall prescribe
regulations to determine the allocation of such payment amount among
the partners.
(e) Effective Date.--This section shall apply to amounts received
under section 402 of the Energy Policy Act of 2005 in taxable years
beginning after December 31, 2011.
SEC. 344. CLARIFICATION OF VALUATION RULE FOR EARLY TERMINATION OF
CERTAIN CHARITABLE REMAINDER UNITRUSTS.
(a) In General.--Section 664(e) is amended--
(1) by adding at the end the following: ``In the case of the
early termination of a trust which is a charitable remainder
unitrust by reason of subsection (d)(3), the valuation of interests
in such trust for purposes of this section shall be made under
rules similar to the rules of the preceding sentence.'', and
(2) by striking ``for Purposes of Charitable Contribution'' in
the heading thereof and inserting ``of Interests''.
(b) Effective Date.--The amendment made by this section shall apply
to terminations of trusts occurring after the date of the enactment of
this Act.
SEC. 345. PREVENTION OF TRANSFER OF CERTAIN LOSSES FROM TAX
INDIFFERENT PARTIES.
(a) In General.--Section 267(d) is amended to read as follows:
``(d) Amount of Gain Where Loss Previously Disallowed.--
``(1) In general.--If--
``(A) in the case of a sale or exchange of property to the
taxpayer a loss sustained by the transferor is not allowable to
the transferor as a deduction by reason of subsection (a)(1),
and
``(B) the taxpayer sells or otherwise disposes of such
property (or of other property the basis of which in the
taxpayer's hands is determined directly or indirectly by
reference to such property) at a gain,
then such gain shall be recognized only to the extent that it
exceeds so much of such loss as is properly allocable to the
property sold or otherwise disposed of by the taxpayer.
``(2) Exception for wash sales.--Paragraph (1) shall not apply
if the loss sustained by the transferor is not allowable to the
transferor as a deduction by reason of section 1091 (relating to
wash sales).
``(3) Exception for transfers from tax indifferent parties.--
Paragraph (1) shall not apply to the extent any loss sustained by
the transferor (if allowed) would not be taken into account in
determining a tax imposed under section 1 or 11 or a tax computed
as provided by either of such sections.''.
(b) Effective Date.--The amendment made by this section shall apply
to sales and other dispositions of property acquired after December 31,
2015, by the taxpayer in a sale or exchange to which section 267(a)(1)
of the Internal Revenue Code of 1986 applied.
SEC. 346. TREATMENT OF CERTAIN PERSONS AS EMPLOYERS WITH RESPECT TO
MOTION PICTURE PROJECTS.
(a) In General.--Chapter 25 (relating to general provisions
relating to employment taxes) is amended by adding at the end the
following new section:
``SEC. 3512. TREATMENT OF CERTAIN PERSONS AS EMPLOYERS WITH RESPECT TO
MOTION PICTURE PROJECTS.
``(a) In General.--For purposes of sections 3121(a)(1) and
3306(b)(1), remuneration paid to a motion picture project worker by a
motion picture project employer during a calendar year shall be treated
as remuneration paid with respect to employment of such worker by such
employer during the calendar year. The identity of such employer for
such purposes shall be determined as set forth in this section and
without regard to the usual common law rules applicable in determining
the employer-employee relationship.
``(b) Definitions.--For purposes of this section--
``(1) Motion picture project employer.--The term `motion
picture project employer' means any person if--
``(A) such person (directly or through affiliates)--
``(i) is a party to a written contract covering the
services of motion picture project workers with respect to
motion picture projects in the course of a client's trade
or business,
``(ii) is contractually obligated to pay remuneration
to the motion picture project workers without regard to
payment or reimbursement by any other person,
``(iii) controls the payment (within the meaning of
section 3401(d)(1)) of remuneration to the motion picture
project workers and pays such remuneration from its own
account or accounts,
``(iv) is a signatory to one or more collective
bargaining agreements with a labor organization (as defined
in 29 U.S.C. 152(5)) that represents motion picture project
workers, and
``(v) has treated substantially all motion picture
project workers that such person pays as employees and not
as independent contractors during such calendar year for
purposes of determining employment taxes under this
subtitle, and
``(B) at least 80 percent of all remuneration (to which
section 3121 applies) paid by such person in such calendar year
is paid to motion picture project workers.
``(2) Motion picture project worker.--The term `motion picture
project worker' means any individual who provides services on
motion picture projects for clients who are not affiliated with the
motion picture project employer.
``(3) Motion picture project.--The term `motion picture
project' means the production of any property described in section
168(f)(3). Such term does not include property with respect to
which records are required to be maintained under section 2257 of
title 18, United States Code.
``(4) Affiliate; affiliated.--A person shall be treated as an
affiliate of, or affiliated with, another person if such persons
are treated as a single employer under subsection (b) or (c) of
section 414.''.
(b) Clerical Amendment.--The table of sections for such chapter 25
is amended by adding at the end the following new item:
``Sec. 3512. Treatment of certain persons as employers with respect to
motion picture projects.''.
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid after December 31, 2015.
(d) No Inference.--Nothing in the amendments made by this section
shall be construed to create any inference on the law before the date
of the enactment of this Act.
TITLE IV--TAX ADMINISTRATION
Subtitle A--Internal Revenue Service Reforms
SEC. 401. DUTY TO ENSURE THAT INTERNAL REVENUE SERVICE EMPLOYEES
ARE FAMILIAR WITH AND ACT IN ACCORD WITH CERTAIN TAXPAYER RIGHTS.
(a) In General.--Section 7803(a) is amended by redesignating
paragraph (3) as paragraph (4) and by inserting after paragraph (2) the
following new paragraph:
``(3) Execution of duties in accord with taxpayer rights.--In
discharging his duties, the Commissioner shall ensure that
employees of the Internal Revenue Service are familiar with and act
in accord with taxpayer rights as afforded by other provisions of
this title, including--
``(A) the right to be informed,
``(B) the right to quality service,
``(C) the right to pay no more than the correct amount of
tax,
``(D) the right to challenge the position of the Internal
Revenue Service and be heard,
``(E) the right to appeal a decision of the Internal
Revenue Service in an independent forum,
``(F) the right to finality,
``(G) the right to privacy,
``(H) the right to confidentiality,
``(I) the right to retain representation, and
``(J) the right to a fair and just tax system.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 402. IRS EMPLOYEES PROHIBITED FROM USING PERSONAL EMAIL
ACCOUNTS FOR OFFICIAL BUSINESS.
No officer or employee of the Internal Revenue Service may use a
personal email account to conduct any official business of the
Government.
SEC. 403. RELEASE OF INFORMATION REGARDING THE STATUS OF CERTAIN
INVESTIGATIONS.
(a) In General.--Section 6103(e) is amended by adding at the end
the following new paragraph:
``(11) Disclosure of information regarding status of
investigation of violation of this section.--In the case of a
person who provides to the Secretary information indicating a
violation of section 7213, 7213A, or 7214 with respect to any
return or return information of such person, the Secretary may
disclose to such person (or such person's designee)--
``(A) whether an investigation based on the person's
provision of such information has been initiated and whether it
is open or closed,
``(B) whether any such investigation substantiated such a
violation by any individual, and
``(C) whether any action has been taken with respect to
such individual (including whether a referral has been made for
prosecution of such individual).''.
(b) Effective Date.--The amendment made by this section shall apply
to disclosures made on or after the date of the enactment of this Act.
SEC. 404. ADMINISTRATIVE APPEAL RELATING TO ADVERSE DETERMINATIONS
OF TAX-EXEMPT STATUS OF CERTAIN ORGANIZATIONS.
(a) In General.--Section 7123 is amended by adding at the end of
the following:
``(c) Administrative Appeal Relating to Adverse Determination of
Tax-Exempt Status of Certain Organizations.--
``(1) In general.--The Secretary shall prescribe procedures
under which an organization which claims to be described in section
501(c) may request an administrative appeal (including a conference
relating to such appeal if requested by the organization) to the
Internal Revenue Service Office of Appeals of an adverse
determination described in paragraph (2).
``(2) Adverse determinations.--For purposes of paragraph (1),
an adverse determination is described in this paragraph if such
determination is adverse to an organization with respect to--
``(A) the initial qualification or continuing qualification
of the organization as exempt from tax under section 501(a) or
as an organization described in section 170(c)(2),
``(B) the initial classification or continuing
classification of the organization as a private foundation
under section 509(a), or
``(C) the initial classification or continuing
classification of the organization as a private operating
foundation under section 4942(j)(3).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to determinations made on or after May 19, 2014.
SEC. 405. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF INTENT TO
OPERATE UNDER 501(c)(4).
(a) In General.--Part I of subchapter F of chapter 1 is amended by
adding at the end the following new section:
``SEC. 506. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF INTENT TO
OPERATE UNDER 501(c)(4).
``(a) In General.--An organization described in section 501(c)(4)
shall, not later than 60 days after the organization is established,
notify the Secretary (in such manner as the Secretary shall by
regulation prescribe) that it is operating as such.
``(b) Contents of Notice.--The notice required under subsection (a)
shall include the following information:
``(1) The name, address, and taxpayer identification number of
the organization.
``(2) The date on which, and the State under the laws of which,
the organization was organized.
``(3) A statement of the purpose of the organization.
``(c) Acknowledgment of Receipt.--Not later than 60 days after
receipt of such a notice, the Secretary shall send to the organization
an acknowledgment of such receipt.
``(d) Extension for Reasonable Cause.--The Secretary may, for
reasonable cause, extend the 60-day period described in subsection (a).
``(e) User Fee.--The Secretary shall impose a reasonable user fee
for submission of the notice under subsection (a).
``(f) Request for Determination.--Upon request by an organization
to be treated as an organization described in section 501(c)(4), the
Secretary may issue a determination with respect to such treatment.
Such request shall be treated for purposes of section 6104 as an
application for exemption from taxation under section 501(a).''.
(b) Supporting Information With First Return.--Section 6033(f) is
amended--
(1) by striking the period at the end and inserting ``, and'',
(2) by striking ``include on the return required under
subsection (a) the information'' and inserting the following:
``include on the return required under subsection (a)--
``(1) the information'', and
(3) by adding at the end the following new paragraph:
``(2) in the case of the first such return filed by such an
organization after submitting a notice to the Secretary under
section 506(a), such information as the Secretary shall by
regulation require in support of the organization's treatment as an
organization described in section 501(c)(4).''.
(c) Failure To File Initial Notification.--Section 6652(c) is
amended by redesignating paragraphs (4), (5), and (6) as paragraphs
(5), (6), and (7), respectively, and by inserting after paragraph (3)
the following new paragraph:
``(4) Notices under section 506.--
``(A) Penalty on organization.--In the case of a failure to
submit a notice required under section 506(a) (relating to
organizations required to notify Secretary of intent to operate
as 501(c)(4)) on the date and in the manner prescribed
therefor, there shall be paid by the organization failing to so
submit $20 for each day during which such failure continues,
but the total amount imposed under this subparagraph on any
organization for failure to submit any one notice shall not
exceed $5,000.
``(B) Managers.--The Secretary may make written demand on
an organization subject to penalty under subparagraph (A)
specifying in such demand a reasonable future date by which the
notice shall be submitted for purposes of this subparagraph. If
such notice is not submitted on or before such date, there
shall be paid by the person failing to so submit $20 for each
day after the expiration of the time specified in the written
demand during which such failure continues, but the total
amount imposed under this subparagraph on all persons for
failure to submit any one notice shall not exceed $5,000.''.
(d) Clerical Amendment.--The table of sections for part I of
subchapter F of chapter 1 is amended by adding at the end the following
new item:
``Sec. 506. Organizations required to notify Secretary of intent to
operate under 501(c)(4).''.
(e) Limitation.--Notwithstanding any other provision of law, any
fees collected pursuant to section 506(e) of the Internal Revenue Code
of 1986, as added by subsection (a), shall not be expended by the
Secretary of the Treasury or the Secretary's delegate unless provided
by an appropriations Act.
(f) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to organizations which are described in section 501(c)(4) of
the Internal Revenue Code of 1986 and organized after the date of
the enactment of this Act.
(2) Certain existing organizations.--In the case of any other
organization described in section 501(c)(4) of such Code, the
amendments made by this section shall apply to such organization
only if, on or before the date of the enactment of this Act--
(A) such organization has not applied for a written
determination of recognition as an organization described in
section 501(c)(4) of such Code, and
(B) such organization has not filed at least one annual
return or notice required under subsection (a)(1) or (i) (as
the case may be) of section 6033 of such Code.
In the case of any organization to which the amendments made by
this section apply by reason of the preceding sentence, such
organization shall submit the notice required by section 506(a) of
such Code, as added by this Act, not later than 180 days after the
date of the enactment of this Act.
SEC. 406. DECLARATORY JUDGMENTS FOR 501(c)(4) AND OTHER EXEMPT
ORGANIZATIONS.
(a) In General.--Section 7428(a)(1) is amended by striking ``or''
at the end of subparagraph (C) and by inserting after subparagraph (D)
the following new subparagraph:
``(E) with respect to the initial qualification or
continuing qualification of an organization as an organization
described in section 501(c) (other than paragraph (3)) or
501(d) and exempt from tax under section 501(a), or''.
(b) Effective Date.--The amendments made by this section shall
apply to pleadings filed after the date of the enactment of this Act.
SEC. 407. TERMINATION OF EMPLOYMENT OF INTERNAL REVENUE SERVICE
EMPLOYEES FOR TAKING OFFICIAL ACTIONS FOR POLITICAL PURPOSES.
(a) In General.--Paragraph (10) of section 1203(b) of the Internal
Revenue Service Restructuring and Reform Act of 1998 is amended to read
as follows:
``(10) performing, delaying, or failing to perform (or
threatening to perform, delay, or fail to perform) any official
action (including any audit) with respect to a taxpayer for purpose
of extracting personal gain or benefit or for a political
purpose.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 408. GIFT TAX NOT TO APPLY TO CONTRIBUTIONS TO CERTAIN EXEMPT
ORGANIZATIONS.
(a) In General.--Section 2501(a) is amended by adding at the end
the following new paragraph:
``(6) Transfers to certain exempt organizations.--Paragraph (1)
shall not apply to the transfer of money or other property to an
organization described in paragraph (4), (5), or (6) of section
501(c) and exempt from tax under section 501(a), for the use of
such organization.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to gifts made after the date of the enactment of this Act.
(c) No Inference.--Nothing in the amendment made by subsection (a)
shall be construed to create any inference with respect to whether any
transfer of property (whether made before, on, or after the date of the
enactment of this Act) to an organization described in paragraph (4),
(5), or (6) of section 501(c) of the Internal Revenue Code of 1986 is a
transfer of property by gift for purposes of chapter 12 of such Code.
SEC. 409. EXTEND INTERNAL REVENUE SERVICE AUTHORITY TO REQUIRE
TRUNCATED SOCIAL SECURITY NUMBERS ON FORM W-2.
(a) Wages.--Section 6051(a)(2) is amended by striking ``his social
security account number'' and inserting ``an identifying number for the
employee''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 410. CLARIFICATION OF ENROLLED AGENT CREDENTIALS.
Section 330 of title 31, United States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively, and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Any enrolled agents properly licensed to practice as required
under rules promulgated under subsection (a) shall be allowed to use
the credentials or designation of `enrolled agent', `EA', or `E.A.'.''.
SEC. 411. PARTNERSHIP AUDIT RULES.
(a) Correction and Clarification to Modifications to Imputed
Underpayments.--
(1) Section 6225(c)(4)(A)(i) is amended by striking ``in the
case of ordinary income,''.
(2) Section 6225(c) is amended by redesignating paragraphs (5)
through (7) as paragraphs (6) through (8), respectively, and by
inserting after paragraph (4) the following new paragraph:
``(5) Certain passive losses of publicly traded partnerships.--
``(A) In general.--In the case of a publicly traded
partnership (as defined in section 469(k)(2)), such procedures
shall provide--
``(i) for determining the imputed underpayment without
regard to the portion thereof that the partnership
demonstrates is attributable to a net decrease in a
specified passive activity loss which is allocable to a
specified partner, and
``(ii) for the partnership to take such net decrease
into account as an adjustment in the adjustment year with
respect to the specified partners to which such net
decrease relates.
``(B) Specified passive activity loss.--For purposes of
this paragraph, the term `specified passive activity loss'
means, with respect to any specified partner of such publicly
traded partnership, the lesser of--
``(i) the passive activity loss of such partner which
is separately determined with respect to such partnership
under section 469(k) with respect to such partner's taxable
year in which or with which the reviewed year of such
partnership ends, or
``(ii) such passive activity loss so determined with
respect to such partner's taxable year in which or with
which the adjustment year of such partnership ends.
``(C) Specified partner.--For purposes of this paragraph,
the term `specified partner' means any person if such person--
``(i) is a partner of the publicly traded partnership
referred to in subparagraph (A),
``(ii) is described in section 469(a)(2), and
``(iii) has a specified passive activity loss with
respect to such publicly traded partnership,
with respect to each taxable year of such person which is
during the period beginning with the taxable year of such
person in which or with which the reviewed year of such
publicly traded partnership ends and ending with the taxable
year of such person in which or with which the adjustment year
of such publicly traded partnership ends.''.
(b) Correction and Clarification to Judicial Review of Partnership
Adjustment .--
(1) Section 6226 is amended by adding at the end the following
new subsection:
``(d) Judicial Review.--For the time period within which a
partnership may file a petition for a readjustment, see section
6234(a).''.
(2) Subsections (a)(3), (b)(1), and (d) of section 6234 are
each amended by striking ``the Claims Court'' and inserting ``the
Court of Federal Claims''.
(3) The heading for section 6234(b) is amended by striking
``Claims Court'' and inserting ``Court of Federal Claims''.
(c) Correction and Clarification to Period of Limitations on Making
Adjustments.--
(1) Section 6235(a)(2) is amended by striking ``paragraph (4)''
and inserting ``paragraph (7)''.
(2) Section 6235(a)(3) is amended by striking ``270 days'' and
inserting ``330 days (plus the number of days of any extension
consented to by the Secretary under section 6225(c)(7)''.
(d) Technical Amendment.--Section 6031(b) is amended by striking
the last sentence and inserting the following: ``Except as provided in
the procedures under section 6225(c), with respect to statements under
section 6226, or as otherwise provided by the Secretary, information
required to be furnished by the partnership under this subsection may
not be amended after the due date of the return under subsection (a) to
which such information relates.''.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in section 1101 of the Bipartisan Budget Act of
2015.
Subtitle B--United States Tax Court
PART 1--TAXPAYER ACCESS TO UNITED STATES TAX COURT
SEC. 421. FILING PERIOD FOR INTEREST ABATEMENT CASES.
(a) In General.--Subsection (h) of section 6404 is amended--
(1) by striking ``Review of Denial'' in the heading and
inserting ``Judicial Review'', and
(2) by striking ``if such action is brought'' and all that
follows in paragraph (1) and inserting ``if such action is
brought--
``(A) at any time after the earlier of--
``(i) the date of the mailing of the Secretary's final
determination not to abate such interest, or
``(ii) the date which is 180 days after the date of the
filing with the Secretary (in such form as the Secretary
may prescribe) of a claim for abatement under this section,
and
``(B) not later than the date which is 180 days after the
date described in subparagraph (A)(i).''.
(b) Effective Date.--The amendments made by this section shall
apply to claims for abatement of interest filed with the Secretary of
the Treasury after the date of the enactment of this Act.
SEC. 422. SMALL TAX CASE ELECTION FOR INTEREST ABATEMENT CASES.
(a) In General.--Subsection (f) of section 7463 is amended--
(1) by striking ``and'' at the end of paragraph (1),
(2) by striking the period at the end of paragraph (2) and
inserting ``, and'', and
(3) by adding at the end the following new paragraph:
``(3) a petition to the Tax Court under section 6404(h) in
which the amount of the abatement sought does not exceed
$50,000.''.
(b) Effective Date.--The amendments made by this section shall
apply to cases pending as of the day after the date of the enactment of
this Act, and cases commenced after such date of enactment.
SEC. 423. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION CASES.
(a) In General.--Paragraph (1) of section 7482(b) is amended--
(1) by striking ``or'' at the end of subparagraph (D),
(2) by striking the period at the end of subparagraph (E), and
(3) by inserting after subparagraph (E) the following new
subparagraphs:
``(F) in the case of a petition under section 6015(e), the
legal residence of the petitioner, or
``(G) in the case of a petition under section 6320 or
6330--
``(i) the legal residence of the petitioner if the
petitioner is an individual, and
``(ii) the principal place of business or principal
office or agency if the petitioner is an entity other than
an individual.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to petitions filed after the date of enactment of this Act.
(2) Effect on existing proceedings.--Nothing in this section
shall be construed to create any inference with respect to the
application of section 7482 of the Internal Revenue Code of 1986
with respect to court proceedings filed on or before the date of
the enactment of this Act.
SEC. 424. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION OF
SPOUSAL RELIEF AND COLLECTION CASES.
(a) Petitions for Spousal Relief.--
(1) In general.--Subsection (e) of section 6015 is amended by
adding at the end the following new paragraph:
``(6) Suspension of running of period for filing petition in
title 11 cases.--In the case of a person who is prohibited by
reason of a case under title 11, United States Code, from filing a
petition under paragraph (1)(A) with respect to a final
determination of relief under this section, the running of the
period prescribed by such paragraph for filing such a petition with
respect to such final determination shall be suspended for the
period during which the person is so prohibited from filing such a
petition, and for 60 days thereafter.''.
(2) Effective date.--The amendment made by this subsection
shall apply to petitions filed under section 6015(e) of the
Internal Revenue Code of 1986 after the date of the enactment of
this Act.
(b) Collection Proceedings.--
(1) In general.--Subsection (d) of section 6330 is amended--
(A) by striking ``appeal such determination to the Tax
Court'' in paragraph (1) and inserting ``petition the Tax Court
for review of such determination'',
(B) by striking ``Judicial review of determination'' in the
heading of paragraph (1) and inserting ``Petition for review by
tax court'',
(C) by redesignating paragraph (2) as paragraph (3), and
(D) by inserting after paragraph (1) the following new
paragraph:
``(2) Suspension of running of period for filing petition in
title 11 cases.--In the case of a person who is prohibited by
reason of a case under title 11, United States Code, from filing a
petition under paragraph (1) with respect to a determination under
this section, the running of the period prescribed by such
subsection for filing such a petition with respect to such
determination shall be suspended for the period during which the
person is so prohibited from filing such a petition, and for 30
days thereafter, and''.
(2) Effective date.--The amendments made by this subsection
shall apply to petitions filed under section 6330 of the Internal
Revenue Code of 1986 after the date of the enactment of this Act.
(c) Conforming Amendment.--Subsection (c) of section 6320 is
amended by striking ``(2)(B)'' and inserting ``(3)(B)''.
SEC. 425. APPLICATION OF FEDERAL RULES OF EVIDENCE.
(a) In General.--Section 7453 is amended by striking ``the rules of
evidence applicable in trials without a jury in the United States
District Court of the District of Columbia'' and inserting ``the
Federal Rules of Evidence''.
(b) Effective Date.--The amendment made by this section shall apply
to proceedings commenced after the date of the enactment of this Act
and, to the extent that it is just and practicable, to all proceedings
pending on such date.
PART 2--UNITED STATES TAX COURT ADMINISTRATION
SEC. 431. JUDICIAL CONDUCT AND DISABILITY PROCEDURES.
(a) In General.--Part II of subchapter C of chapter 76 is amended
by adding at the end the following new section:
``SEC. 7466. JUDICIAL CONDUCT AND DISABILITY PROCEDURES.
``(a) In General.--The Tax Court shall prescribe rules, consistent
with the provisions of chapter 16 of title 28, United States Code,
establishing procedures for the filing of complaints with respect to
the conduct of any judge or special trial judge of the Tax Court and
for the investigation and resolution of such complaints. In
investigating and taking action with respect to any such complaint, the
Tax Court shall have the powers granted to a judicial council under
such chapter.
``(b) Judicial Council.--The provisions of sections 354(b) through
360 of title 28, United States Code, regarding referral or
certification to, and petition for review in the Judicial Conference of
the United States, and action thereon, shall apply to the exercise by
the Tax Court of the powers of a judicial council under subsection (a).
The determination pursuant to section 354(b) or 355 of title 28, United
States Code, shall be made based on the grounds for removal of a judge
from office under section 7443(f), and certification and transmittal by
the Conference of any complaint shall be made to the President for
consideration under section 7443(f).
``(c) Hearings.--
``(1) In general.--In conducting hearings pursuant to
subsection (a), the Tax Court may exercise the authority provided
under section 1821 of title 28, United States Code, to pay the fees
and allowances described in that section.
``(2) Reimbursement for expenses.--The Tax Court shall have the
power provided under section 361 of such title 28 to award
reimbursement for the reasonable expenses described in that
section. Reimbursements under this paragraph shall be made out of
any funds appropriated for purposes of the Tax Court.''.
(b) Clerical Amendment.--The table of sections for part II of
subchapter C of chapter 76 is amended by adding at the end the
following new item:
``Sec. 7466. Judicial conduct and disability procedures.''.
(c) Effective Date.--The amendments made by this section shall
apply to proceedings commenced after the date which is 180 days after
the date of the enactment of this Act and, to the extent just and
practicable, all proceedings pending on such date.
SEC. 432. ADMINISTRATION, JUDICIAL CONFERENCE, AND FEES.
(a) In General.--Part III of subchapter C of chapter 76 is amended
by inserting before section 7471 the following new sections:
``SEC. 7470. ADMINISTRATION.
``Notwithstanding any other provision of law, the Tax Court may
exercise, for purposes of management, administration, and expenditure
of funds of the Court, the authorities provided for such purposes by
any provision of law (including any limitation with respect to such
provision of law) applicable to a court of the United States (as that
term is defined in section 451 of title 28, United States Code), except
to the extent that such provision of law is inconsistent with a
provision of this subchapter.
``SEC. 7470A. JUDICIAL CONFERENCE.
``(a) Judicial Conference.--The chief judge may summon the judges
and special trial judges of the Tax Court to an annual judicial
conference, at such time and place as the chief judge shall designate,
for the purpose of considering the business of the Tax Court and
recommending means of improving the administration of justice within
the jurisdiction of the Tax Court. The Tax Court shall provide by its
rules for representation and active participation at such conferences
by persons admitted to practice before the Tax Court and by other
persons active in the legal profession.
``(b) Registration Fee.--The Tax Court may impose a reasonable
registration fee on persons (other than judges and special trial judges
of the Tax Court) participating at judicial conferences convened
pursuant to subsection (a). Amounts so received by the Tax Court shall
be available to the Tax Court to defray the expenses of such
conferences.''.
(b) Disposition of Fees.--Section 7473 is amended to read as
follows:
``SEC. 7473. DISPOSITION OF FEES.
``Except as provided in sections 7470A and 7475, all fees received
by the Tax Court pursuant to this title shall be deposited into a
special fund of the Treasury to be available to offset funds
appropriated for the operation and maintenance of the Tax Court.''.
(c) Clerical Amendments.--The table of sections for part III of
subchapter C of chapter 76 is amended by inserting before the item
relating to section 7471 the following new items:
``Sec. 7470. Administration.
``Sec. 7470A. Judicial conference.''.
PART 3--CLARIFICATION RELATING TO UNITED STATES TAX COURT
SEC. 441. CLARIFICATION RELATING TO UNITED STATES TAX COURT.
Section 7441 is amended by adding at the end the following: ``The
Tax Court is not an agency of, and shall be independent of, the
executive branch of the Government.''.
TITLE V--TRADE-RELATED PROVISIONS
SEC. 501. MODIFICATION OF EFFECTIVE DATE OF PROVISIONS RELATING TO
TARIFF CLASSIFICATION OF RECREATIONAL PERFORMANCE OUTERWEAR.
Section 601(c) of the Trade Preferences Extension Act of 2015
(Public Law 114-27; 129 Stat. 412) is amended--
(1) in paragraph (1), by striking ``the 180th day after the
date of the enactment of this Act'' and inserting ``March 31,
2016''; and
(2) in paragraph (2), by striking ``such 180th day'' and
inserting ``March 31, 2016''.
SEC. 502. AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION MEMBERS TO
REDUCE RATES OF DUTY ON CERTAIN ENVIRONMENTAL GOODS.
Section 107 of the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 (Public Law 114-26; 19 U.S.C. 4206) is
amended by adding at the end the following:
``(c) Agreement by Asia-Pacific Economic Cooperation Members to
Reduce Rates of Duty on Certain Environmental Goods.--Notwithstanding
the notification requirement described in section 103(a)(2), the
President may exercise the proclamation authority provided for in
section 103(a)(1)(B) to implement an agreement by members of the Asia-
Pacific Economic Cooperation (APEC) to reduce any rate of duty on
certain environmental goods included in Annex C of the APEC Leaders
Declaration issued on September 9, 2012, if (and only if) the
President, as soon as feasible after the date of the enactment of this
subsection, and before exercising proclamation authority under section
103(a)(1)(B), notifies Congress of the negotiations relating to the
agreement and the specific United States objectives in the
negotiations.''.
TITLE VI--BUDGETARY EFFECTS
SEC. 601. BUDGETARY EFFECTS.
(a) Paygo Scorecard.--The budgetary effects of this Act 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 Scorecard.--The budgetary effects of this Act
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.