[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6071 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 6071
Making continuing appropriations for fiscal year 2017, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2016
Mr. Flores introduced the following bill; which was referred to the
Committee on Appropriations, and in addition to the Committee on the
Budget, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
Making continuing appropriations for fiscal year 2017, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are hereby appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of Government for fiscal
year 2017, and for other purposes, namely:
TITLE I--CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2017
Sec. 101. (a) Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2016 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this title, that were conducted in fiscal year 2016, and for
which appropriations, funds, or other authority were made available in
the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2016
(division A of Public Law 114-113).
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2016 (division B of Public Law 114-113).
(3) The Department of Defense Appropriations Act, 2016
(division C of Public Law 114-113).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2016 (division D of Public Law 114-113).
(5) The Financial Services and General Government
Appropriations Act, 2016 (division E of Public Law 114-113).
(6) The Department of Homeland Security Appropriations Act,
2016 (division F of Public Law 114-113).
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2016 (division G of Public
Law 114-113).
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2016
(division H of Public Law 114-113).
(9) The Legislative Branch Appropriations Act, 2016
(division I of Public Law 114-113).
(10) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2016 (division K of Public
Law 114-113), except title IX.
(11) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2016 (division L of Public
Law 114-113).
(b)(1) The rate for operations provided by subsection (a) in the
revised security category (as defined in section 250(c)(4)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985) is hereby
adjusted by the percentage necessary to achieve a rate for operations
in such category equal to the excess of $548,091,000,000 over the total
amount made available in such category pursuant to section 201.
(2) The rate for operations provided by subsection (a) in the
revised nonsecurity category (as defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985) is hereby
adjusted by the percentage necessary to achieve a rate for operations
in such category equal to the excess of $518,491,000,000 over the total
amount made available in such category pursuant to section 201.
Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for: (1) the new production of items not funded for production in
fiscal year 2016 or prior years; (2) the increase in production rates
above those sustained with fiscal year 2016 funds; or (3) the
initiation, resumption, or continuation of any project, activity,
operation, or organization (defined as any project, subproject,
activity, budget activity, program element, and subprogram within a
program element, and for any investment items defined as a P-1 line
item in a budget activity within an appropriation account and an R-1
line item that includes a program element and subprogram element within
an appropriation account) for which appropriations, funds, or other
authority were not available during fiscal year 2016.
(b) No appropriation or funds made available or authority granted
pursuant to section 101 for the Department of Defense shall be used to
initiate multi-year procurements utilizing advance procurement funding
for economic order quantity procurement unless specifically
appropriated later.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2016.
Sec. 105. Appropriations made and authority granted pursuant to
this title shall cover all obligations or expenditures incurred for any
project or activity during the period for which funds or authority for
such project or activity are available under this title.
Sec. 106. Unless otherwise provided for in this title or in the
applicable appropriations Act for fiscal year 2017, appropriations and
funds made available and authority granted pursuant to this title shall
be available until whichever of the following first occurs: (1) the
enactment into law of an appropriation for any project or activity
provided for in this title; (2) the enactment into law of the
applicable appropriations Act for fiscal year 2017 without any
provision for such project or activity; or (3) December 9, 2016.
Sec. 107. Expenditures made pursuant to this title shall be
charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this title may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing in
this title may be construed to waive any other provision of law
governing the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this title,
except section 106, for those programs that would otherwise have high
initial rates of operation or complete distribution of appropriations
at the beginning of fiscal year 2017 because of distributions of
funding to States, foreign countries, grantees, or others, such high
initial rates of operation or complete distribution shall not be made,
and no grants shall be awarded for such programs funded by this title
that would impinge on final funding prerogatives.
Sec. 110. This title shall be implemented so that only the most
limited funding action of that permitted in the title shall be taken in
order to provide for continuation of projects and activities.
TITLE II--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2017 AND ZIKA RESPONSE AND PREPAREDNESS ACT
SEC. 201. ENACTMENT BY REFERENCE.
(a) In General.--The provisions of the Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act, 2017 and
Zika Response and Preparedness Act, as printed in the Conference Report
accompanying H.R. 2577 (H. Rept. 114-640), are hereby enacted into law.
(b) Publication.--In publishing the Act in slip form and in the
United States Statutes at Large pursuant to section 112, of title 1,
United States Code, the Archivist of the United States shall include
after the date of approval at the end appendixes setting forth the
texts of the bill referred to in subsection (a) of this section.
TITLE III--ENSURING VETTING OF REFUGEES TO KEEP AMERICANS SAFE
SEC. 301. SHORT TITLE.
This title may be cited as the ``American Security Against Foreign
Enemies Act of 2015'' or as the ``American SAFE Act of 2015''.
SEC. 302. REVIEW OF REFUGEES TO IDENTIFY SECURITY THREATS TO THE UNITED
STATES.
(a) Background Investigation.--In addition to the screening
conducted by the Secretary of Homeland Security, the Director of the
Federal Bureau of Investigation shall take all actions necessary to
ensure that each covered alien receives a thorough background
investigation prior to admission as a refugee. A covered alien may not
be admitted as a refugee until the Director of the Federal Bureau of
Investigation certifies to the Secretary of Homeland Security and the
Director of National Intelligence that each covered alien has received
a background investigation that is sufficient to determine whether the
covered alien is a threat to the security of the United States.
(b) Certification by Unanimous Concurrence.--A covered alien may
only be admitted to the United States after the Secretary of Homeland
Security, with the unanimous concurrence of the Director of the Federal
Bureau of Investigation and the Director of National Intelligence,
certifies to the appropriate Congressional Committees that the covered
alien is not a threat to the security of the United States.
(c) Inspector General Review of Certifications.--The Inspector
General of the Department of Homeland Security shall conduct a risk-
based review of all certifications made under subsection (b) each year
and shall provide an annual report detailing the findings to the
appropriate Congressional Committees.
(d) Monthly Report.--The Secretary of Homeland Security shall
submit to the appropriate Congressional Committees a monthly report on
the total number of applications for admission with regard to which a
certification under subsection (b) was made and the number of covered
aliens with regard to whom such a certification was not made for the
month preceding the date of the report. The report shall include, for
each covered alien with regard to whom a certification was not made,
the concurrence or nonconcurrence of each person whose concurrence was
required by subsection (b).
(e) Definitions.--In this Act:
(1) Covered alien.--The term ``covered alien'' means any
alien applying for admission to the United States as a refugee
who--
(A) is a national or resident of Iraq or Syria;
(B) has no nationality and whose last habitual
residence was in Iraq or Syria; or
(C) has been present in Iraq or Syria at any time
on or after March 1, 2011.
(2) Appropriate congressional committee.--The term
``appropriate Congressional Committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Foreign Relations of the
Senate;
(F) the Committee on Appropriations of the Senate;
(G) the Committee on Armed Services of the House of
Representatives;
(H) the Permanent Select Committee on Intelligence
of the House of Representatives;
(I) the Committee on the Judiciary of the House of
Representatives;
(J) the Committee on Homeland Security of the House
of Representatives;
(K) the Committee on Appropriations of the House of
Representatives; and
(L) the Committee on Foreign Affairs of the House
of Representatives.
TITLE IV--STOPPING THE INTERNET GIVEAWAY
SEC. 401. SHORT TITLE.
This title may be cited as the ``Protecting Internet Freedom Act''.
SEC. 402. FINDINGS.
Congress finds the following:
(1) The Department of Commerce and the National
Telecommunications and Information Administration (in this
section referred to as the ``NTIA'') should be responsible for
maintaining the continuity and stability of services related to
certain interdependent Internet technical management functions,
known collectively as the Internet Assigned Numbers Authority
(in this section referred to as the ``IANA''), which includes--
(A) the coordination of the assignment of technical
Internet protocol parameters;
(B) the administration of certain responsibilities
associated with the Internet domain name system root
zone management;
(C) the allocation of Internet numbering resources;
and
(D) other services related to the management of the
Advanced Research Project Agency and INT top-level
domains.
(2) The interdependent technical functions described in
paragraph (1) were performed on behalf of the Federal
Government under a contract between the Defense Advanced
Research Projects Agency and the University of Southern
California as part of a research project known as the Tera-node
Network Technology project. As the Tera-node Network Technology
project neared completion and the contract neared expiration in
1999, the Federal Government recognized the need for the
continued performance of the IANA functions as vital to the
stability and correct functioning of the Internet.
(3) The NTIA may use its contract authority to maintain the
continuity and stability of services related to the IANA
functions.
(4) If the NTIA uses its contract authority, the
contractor, in the performance of its duties, must have or
develop a close constructive working relationship with all
interested and affected parties to ensure quality and
satisfactory performance of the IANA functions. The interested
and affected parties include--
(A) the multistakeholder, private sector-led,
bottom-up policy development model for the domain name
system that the Internet Corporation for Assigned Names
and Numbers represents;
(B) the Internet Engineering Task Force and the
Internet Architecture Board;
(C) Regional Internet Registries;
(D) top-level domain operators and managers, such
as country codes and generic;
(E) governments; and
(F) the Internet user community.
(5) The IANA functions contract of the Department of
Commerce explicitly declares that ``[a]ll deliverables provided
under this contract become the property of the U.S.
Government.''. One of the deliverables is the automated root
zone.
(6) Former President Bill Clinton's Internet czar Ira
Magaziner stated that ``[t]he United States paid for the
Internet, the Net was created under its auspices, and most
importantly everything [researchers] did was pursuant to
government contracts.''.
(7) Under section 3 of article IV of the Constitution of
the United States, Congress has the exclusive power to
``dispose of and make all needful Rules and Regulations
respecting the Territory or other Property belonging to the
United States''.
(8) The .gov and .mil top-level domains are the property of
the United States Government, and as property, the United
States Government should have the exclusive control and use of
those domains in perpetuity.
SEC. 403. MAINTAINING THE IANA FUNCTIONS CONTRACT.
The Assistant Secretary of Commerce for Communications and
Information may not allow the responsibility of the National
Telecommunications and Information Administration with respect to the
Internet domain name system functions, including responsibility with
respect to the authoritative root zone file and the performance of the
Internet Assigned Numbers Authority functions, to terminate, lapse,
expire, be canceled, or otherwise cease to be in effect unless a
Federal statute enacted after the date of enactment of this title
expressly grants the Assistant Secretary such authority.
SEC. 404. EXCLUSIVE UNITED STATES GOVERNMENT OWNERSHIP AND CONTROL OF
.GOV AND .MIL DOMAINS.
Not later than 60 days after the date of enactment of this title,
the Assistant Secretary of Commerce for Communications and Information
shall provide to Congress a written certification that the United
States Government has--
(1) secured sole ownership of the .gov and .mil top-level
domains; and
(2) entered into a contract with the Internet Corporation
for Assigned Names and Numbers that provides that the United
States Government has exclusive control and use of those
domains in perpetuity.
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